FELIPE VI

KING OF SPAIN

To all who present it and understand it.

Sabed: That the General Courts have approved and I come to sanction the following law.

PREAMBLE

I

The severe recession that the Spanish economy has been experiencing since 2008, the result of the accumulation of imbalances during the previous years, has made it necessary to adopt deep urgent reforms to recover the growth. Reforms that have been inserted into an economic policy strategy based on two pillars: fiscal consolidation and structural reforms to boost the flexibility of the markets and restore the competitiveness of the Spanish economy loss since entry into the euro.

The intense reform agenda has allowed Spain to regain its competitiveness and thus the growth path and the confidence of the markets. The significant progress in the correction of imbalances is reflected in the evolution of the main macroeconomic indicators showing how Spain has managed to reduce the public deficit, to reach a surplus in the current account and capacity for external financing, to reduce private debt and to moderate the growth of prices and labour costs.

In 2014, the favorable economic data allow us to conclude that the economic recovery is taking hold at a steady and sustained pace. Spain accumulates four quarters of gross domestic product growth and ten consecutive months of job creation, with data corrected for seasonal and calendar effects, with nearly 300,000 jobs created.

These positive indicators are a sign of the need to deepen the reforms undertaken to promote economic recovery and job creation. Reforms that continue to focus on correcting imbalances and improving competitiveness.

Within the reforms to improve competitiveness is where the Plan of Measures for Growth, Competitiveness and Efficiency is framed, approved by the Council of Ministers on June 6, which provides for a package of measures that are respectful of the objective of fiscal consolidation, which will boost the present and future growth and competitiveness of the economy and business financing. They are all aimed at increasing competitiveness and promoting the efficient functioning of markets and improving financing, as well as improving employability.

In the framework of these measures, this Law has three main axes: the first, to promote the competitiveness and efficient functioning of the markets; the second, to improve access to finance; and, the third, to promote the employability and occupation. In addition, some fiscal reform measures are underway.

II

The first set of measures relates to the financing of economic activity.

Law 14/2013 of 27 September, supporting entrepreneurs and their internationalisation, sought to address the difficulty of access to external financing by Spanish companies by strengthening and giving greater flexibility to the public financial instruments available in the field of internationalisation, including those managed by the Spanish Development Finance Company COFIDES, S.A. (COFIDES). This Law, with this objective, adapted one of the instruments available for internationalization, by COFIDES, the FIEX (Fund for Investment in the Foreign), aimed at non-SME enterprises.

But, in the current scenario of economic crisis and, in particular, due to the difficulty of access to credit by Spanish SMEs, it is now necessary to act quickly to extend this change to the Fund for Operations of Investment in the External Relations of Small and Medium-sized Enterprises (FONSMEs), an instrument also managed by COFIDES, especially aimed at SMEs, and created, as the previous one, by Law 66/1997 of 30 December Administrative, Fiscal and Social Order.

The intervention of multilateral banks and international financial institutions can help to improve the financing conditions of Spanish SMEs and facilitate their internationalisation process, thereby promoting the economic recovery and job creation in our country. In the current economic, credit and credit ratings situation in the Spanish economy it is possible to speak of two broad broad lines of potential support from these institutions in favour of Spanish SMEs. First, the possibility of providing, through financial intermediaries, financing on preferential terms to companies for their investment projects and liquidity needs. Secondly, the question of providing Spanish financial institutions with guarantees of a high quality that favour the internationalisation of the Spanish company. In this way, the technical and financial guarantees offered by these same financial institutions to support their business customers who wish to participate in procurement processes and/or to participate in the procurement process will be internationally acceptable. international tender.

It has to be remembered that the ICO has played an increasingly important instrumental role in the last two years to facilitate and channel these supports to the Spanish productive fabric, especially acting as a financial intermediary. able to absorb a high volume of financing from multilateral banks and international financial institutions, which is subsequently channelled to SMEs through the Spanish financial institutions through the ICO mediation.

To take full advantage of the potential offered by multilateral banks and international financial institutions, as well as potential funders of high quality guarantors for the internationalisation process. Spanish companies include the articulation of an ICO guarantee program to promote the financing and internationalization of the Spanish company. By means of this programme, the guarantees which the ICO grants under its protection-and within the quantitative limits which are to be established annually-will in turn enjoy, as is already the case with all the obligations relating to the collection of of the ICO, the direct, explicit, unconditional and irrevocable guarantee of the State.

The amount of guarantees and guarantees granted by the Institute of Official Credit under this Program will be charged to the debt limit that the Institute has authorized annually. Given the contingent nature of the guarantees and guarantees, the amount granted does not have any impact for the purposes of the calculation of the deficit or the public debt. There would also be no impact in the event of implementation since, in any case, the ICO is not part of the general government sector according to the current European system of national accounts.

The current difficulties encountered by Spanish SMEs in their internationalisation process for obtaining guarantees with sufficient quality, coupled with the interest already shown and committed by some entities International financial and multilateral banks for the provision of sufficient guarantees for our SMEs, determine the need to include this Program of guarantees in this Law.

On the other hand, the end of the period of lack of the amortisation of the loans formalized in the first phase of the mechanism of payments to providers articulated in the Royal Decree-Law 4/2012, of 24 of 24 of February. In relation to those transactions, through the regulation included in this Law, local entities will be allowed to cancel their debts with the Fund for Financing of Payments to Suppliers (hereinafter FFPP) before their amortization.

A number of packages have recently been approved of measures to modify the financial conditions contained in the loan agreements formalized by the local authorities with the FFPP. Those measures are contained in the Government's Delegated Commission for Economic Affairs Agreement whose main features were published by Order PRE/966/2014 of 10 June.

However, due to the global financial situation of the sector and the improvement of the conditions of the financial markets, these are opening up in the case of local authorities, which can allow them to (a) refinancing operations or replacement of loans formalised with the FFPP under better financial conditions than those covered by the latter contracts. This can help to increase the liquidity of local entities and to consolidate the improvement of their financial situation.

In the current scenario these refinancing or replacement operations would not be possible for the following reasons: First, the operation with the FFPP is a long-term loan operation. This operation was intended to derogate from the arrangements for the authorisation of debt transactions applicable to local authorities, since none of the limits laid down in the recast of the Law on the Regulatory Law of the European Union were taken into account. Local farms (hereinafter TRLRHL) nor the purpose of the operation, which has been used to finance current expenditure. Secondly, this operation has the guarantee of participation in state taxes. Third, only the operations mentioned in the framework of the payment mechanism to suppliers can be used for those purposes. Any long-term loan operation intended to be formalised with a financial institution outside that framework should be used to finance investments and be subject to the TRLRHL scheme, in addition to a waiver of the guarantee. mentioned. The aforementioned purpose would never be met because, if formalized, the operation would replace another that has financed current expenditure (but that could only be done with that operation and not with any other present or future).

As soon as it appears, it is considered necessary to introduce a legal amendment to allow the replacement of the aforementioned loan operations, provided that the conditions and conditions provided for are met.

III

Within the measures to boost economic activity, this Law sets out to promote retail trade and market unity.

The modification of Article 6 of Law 7/1996, of 15 January, of the Ordination of Retail Trade, which is carried out by this Law, is intended, in addition to its compliance with Law 20/2013, of 9 December, to guarantee the unity of market, to deepen the process of simplification and rationalisation of the authorisation procedures followed in the area of retail trade.

In this way, the main changes proposed in the current wording of Article 6 refer to the following aspects:

An express reference is made to the general rule of non-submission to administrative authorization at the opening of commercial establishments, for which, failing that, it may submit to a responsible declaration or communication prior. With the aim of also subject to basic regulation the remaining actions related to commercial establishments, other situations such as transfers and extensions of the establishments are regulated in the first paragraph. have been subjected to heterogeneous treatment in autonomic regulation.

The overriding reasons of general interest are in line with those provided for in Article 17.1.b) of Law 20/2013 of 9 December 2013 on the guarantee of the market unit, relating to the possible damage to the environment, in the environment urban and artistic historical heritage, as a consequence of the analysis of necessity and proportionality carried out on the possible restrictions, in coherence with the reference to the overriding reasons of general interest applicable to the distribution Article 6 of Law 7/1996 of 15 January 1996, which was already listed in the previous wording of Article 6 of Law 7/1996, In particular, in view of the existing consensus on the matter in the sector, in the light of the current autonomous regulatory development and the administrative practice derived from that sector. This is without prejudice to the fact that the current commercial regulation is compatible with the sectoral regulation on public health and safety, which is generally applicable to the opening of all types of establishments.

The measures for administrative simplification and rationalisation are further deepened by enshrining the integrated procedure for commercial authorisation by including all actions in a single procedure which it shall be the competence of a single authority managing the different phases from the same application. This offers a single interlocutor to the citizens, which facilitates the interrelation of those with the Administration in matters of opening of commercial establishments. The competent authority for the granting of commercial authorisations shall be determined by the Autonomous Communities.

The time limit for the resolution of these procedures is reduced to three months, because on the one hand, sufficient time is understood for the substantiation of these procedures, and another is appreciated in the current practice of the procedures, a divergence of time limits which prevents precise determination of the total length of time spent on evacuation. Successive deadlines are often set for independent actions-which could be carried out simultaneously-which do not contribute to clarifying the total time spent effectively, so it is appropriate to set a limit within which the relevant resolution (granting or not granting the authorisation) has to be produced, in such a way as to allow the formalities to be completed, where possible, to delete those expendable or to be processed simultaneously.

This reform of Article 6 of Law 7/1996, of January 15, is undertaken in compliance with the provisions of Law 20/2013 of 9 December, which granted a period of six months to proceed with the necessary regulatory changes. for the adequacy of the sectoral legislation in force to the aforementioned Law on the market unit guarantee.

On the other hand, this Law contains a set of urgent measures of a liberalizing nature in the area of commercial distribution. The removal of restrictions in this area has been a repeated recommendation of international bodies such as the International Monetary Fund and the Organisation for Economic Cooperation and Development.

Thus, the liberalization of timetables, operated by the Royal Decree-Law 20/2012 of July 13, of measures to guarantee the budgetary stability and the promotion of competitiveness, is deepened.

Law 1/2004, of 21 December, of Commercial Horarios, is amended in order to guarantee the effective consideration and motivation of the circumstances to be taken into account for the determination of the zones of great affluence On the other hand, the Autonomous Communities at the instance of the Aymóglos, which for the first time were regulated with a basic character in the Royal Decree-Law 20/2012, of July 13. To this end, the need for both municipal applications for a declaration of a large tourist influx and the decisions of the Autonomous Communities to be duly founded on objective criteria is reinforced in such a way that, (a) the assumptions in which there are no unjustified restrictions on territorial areas or temporary periods of duration in these areas, the principle of the freedom of hours for the whole of the municipality and the whole of the annual period; In any event, the municipal application shall in any event be duly substantiated.

With the same objective, the population threshold of the municipalities of more than 200,000 inhabitants is reduced to more than 100,000 inhabitants and that of the overnight stays of more than one million overnight stays to more than 600,000 overnight stays, with the In order to increase the number of Spanish cities which are obliged to declare at least one area with a large tourist influx, the ten new cities listed in Annex I to this Law, which join the 14 required related in the Annex to Royal Decree-Law 20/2012 of 13 July.

In coherence with these amendments to Law 1/2004 of 21 December, of Commercial Horarios, it is established that the Autonomous Communities where municipalities that have met these requirements in 2013 will have to declare at least one area of high tourist affluence in those municipalities within six months of the entry into force of Royal Decree-Law 8/2014 of 4 July and which, in the absence of such a declaration, these municipalities shall have full freedom of business hours throughout the entire annual period.

In the same sense, in relation to the municipalities in respect of which that declaration has not yet been adopted in compliance with the 11th Additional Disposition of Royal Decree-Law 20/2012, of July 13, a two months since the entry into force of Royal Decree-Law 8/2014 of 4 July 2014, in order for the Autonomous Communities to adopt the relevant resolution, so that in the event that it is not resolved within that period, it shall also be understood that the Affected municipalities will have full freedom of business hours throughout the annual period throughout the municipal term.

These changes in the regulation of areas of high tourist influx, first defined in 2012, aim to take advantage of the synergies arising from the relationship between tourism and trade, as tourism is a driving factor in commercial activity which increases the capacity for generating employment and economic activity. In other words, a wide, varied and available commercial offer at times of tourist influx undoubtedly multiplies the economic impact of tourism and contributes to the generation of growth and employment.

This reality justifies both the introduction of new criteria for the delimitation and declaration of areas of great tourist influx, and the revision of the indicators that condition the mandatory declaration of zones, which it will make it possible to increase the number of large populations that will have to have at least one area of this nature and which will be able to benefit from the strong increase in the number of tourists and tourist spending in 2014.

In short, the normative changes contained in this Law on the liberalization of trade hours bring cause and pursue as objectives the improvement of the employment and the sales, the increase of the productive capacity the country, the promotion of business investment to maintain the opening of the establishments, the dynamization of private consumption and the turnover of the sector. They also provide an improvement in the service to consumers and their freedom of choice, thus responding to social changes, maximising tourism revenues and increasing the country's tourism potential. On the other hand, it is worth noting a positive effect on the reconciliation of work and family life and on the ability of traditional trade to compete with the online. Finally, it is intended to make it easier for municipalities to declare new areas of high tourist influx so that those affected can have the necessary tools to urge their declaration in the shortest possible time.

On the other hand, the Law 20/2013, of 9 December, of guarantee of the market unit, requires an evaluation and permanent review of the means of intervention of the Public Administrations in order to guarantee the free access to the market and equality in the exercise of economic activities throughout the national territory.

As a result of the evaluation of the current legislation in the field of cinematography, it is considered necessary to undertake a timely modification of Law 55/2007, of December 28, of the Cinema, in order to abolish the obligation of registration in the Administrative Register of Film and Audiovisual Enterprises of the Institute of Cinematography and Audiovisual Arts, or in the equivalent of the Autonomous Communities, which as an enabling requirement has so far been required production and distribution companies. Similarly, the requirement of registration which was imposed on the holders of the cinema exhibition rooms is replaced by a communication, which is necessary to verify compliance with the procedures established for the control of the cinema. assistance and the declaration of returns, as well as the control of the obligation of screen-share. In line with these changes in the registration obligations, a review of the legal regime of the Administrative Registry of Film and Audiovisual Companies is approved, which is reordered with a declarative purpose and (a) information and to which the undertakings in the sector will be accessed, by means of an application for registration of their own office when such undertakings begin before the Institute of Cinematography and the Audiovisual Arts any proceedings relating to the acquisition of certificates, credits, aid and other incentives provided for in Law 55/2007 of 28 December 2007, all to facilitate and speed up the successive actions that can be carried out in any other procedure.

In relation to the registrations made by the records of the cinematographic and audiovisual companies autonomic, the forecast is maintained that these inscriptions carry their inscription in the register of the Institute of the Cinematography and the Audiovisual Arts, but, in addition, the possibility of voluntary access to this register, by application, is recognized for those companies that radiate in some Autonomous Community that do not have registration of companies and need to credit their registration in any administrative procedure.

Credit and debit cards are one of the payment instruments that have become more relevant in recent years, with more than 70 million units in circulation issued in Spain and an annual volume of transactions close to one hundred billion euros. They are, without a doubt, the most frequently used electronic payment instrument in retail purchases. So the proper functioning of this payment market must not only be clearly beneficial for retailers and consumers, but provided that the use of payment systems is at an economically efficient level, it will be encouraged. innovation in the sector and the best conditions for price formation and transparency.

Recently, at the level of the European Union, the Commission has launched a proposal for a Regulation on exchange rates for payment transactions based on a card, the aim of which is to regulate and limit exchange rates and thus complement the existing regulatory framework in the field of payment services in the European Union, in order to achieve a genuine internal market for payments.

The current economic context of the nascent economic recovery and the need to boost the Spanish electronic payments market suggest that the adoption of these measures in Spain should be brought forward to ensure the existence of payments. Secure, efficient, competitive and innovative electronics that dynamise consumption.

The aim, therefore, to limit exchange rates is to encourage the use of payment cards and to give rise to greater acceptance of payment cards, encouraging innovation in the sector in this area, in particular with regard to the payments of small amounts. The aim is to encourage consumers to see the possibility of using different means of payment and to promote efficiency in the use of cards in the different marketing channels, whether physical and traditional, or linked electronic commerce and the use of the mobile phone.

In particular, the limitation of exchange rates is applicable to transactions carried out with a payment card, with a maximum limitation of 0.2% in debit and 0.3% in credit. For payments of less than EUR 20, a maximum threshold of 0.1% is set for debit cards and 0.2% for credit cards. In addition, for payments with debit cards, the maximum level of the fee will be, in any case, 7 euro cents, which will therefore apply for all payments of more than 35 euros.

The limitation of these fees will have a beneficial effect on retail, which will see its cost reduced in card transactions. In order to immediately transfer this benefit to final customers (order of payments), it is expressly prohibited that the companies benefiting from the payment will carry out any additional expenditure or quotas for the use of the debit or credit.

This legal regime is complemented by certain measures aimed at the transparency, monitoring and control of the implementation of the new regulation. In particular, payment service providers shall inform the Banco de España of the discount and exchange rates effectively applied to payment services in transactions with a card more commonly provided. This information shall be published on the electronic page of the Banco de España and the payment service provider, and shall allow for the proper monitoring of the effects of this standard and of the general evolution of costs in this type of payment.

Also, the Electronic Card Payments Observatory is mandated to monitor the application of the limitations with special attention to the costs passed on to merchants and consumers and users.

IV

In the exercise of exclusive State competence, taking into account the direct management of airports of general interest, this Law requires the regime of the network of airports of general interest as a service of interest In order to ensure the mobility of citizens and economic, social and territorial cohesion, in order to ensure the accessibility, sufficiency and suitability of the capacity of airport infrastructure, the general economic network, as well as the continuity and adequate provision of services Basic airports. The network management, on the other hand, ensures the economic sustainability of the airports integrated into it by allowing, under conditions of transparency, objectivity and non-discrimination, the sustainability of the loss-making infrastructure.

The guarantee of compliance with the objectives of general interest that have been defined is achieved by a double track. On the one hand, the integrity of the airport network is established as long as its survival ensures the mobility of citizens and economic, social and territorial cohesion, in terms of accessibility, sufficiency, suitability, sustainability and continuity. From the other, the framework is established to which the basic airport services are subject and the characteristics and conditions which such a network should have in order to ensure the objectives of general interest. Thus, the closure or disposal, in whole or in part, of any of the airport facilities or infrastructure necessary to maintain the provision of airport services, with the exception of the authorisation of the Council of Ministers or of the Ministry of Public Works, which may be granted only if it does not affect the objectives of general interest to be guaranteed by that network and provided that it does not compromise its sustainability; the absence of such authorisation is in line with the penalty for full nullity the right, all as a guarantee of the full maintenance of the state airport network; airport charges and their essential elements, the basic airport services and the framework for determining the minimum standards of quality, capacity and conditions for the provision of the services and investments required for their compliance, as well as the conditions for the recovery of the costs arising from the provision of these basic airport services.

In terms of the airport manager's revenues linked to the basic airport services, these have a nature of public property benefits. Its regulation respects the reserve of law in its creation by Law 21/2003, of July 7, of Air Safety, as amended by Law 1/2011, of March 4, and in the determination of its essential elements. The fixing of the maximum per passenger income for each year of the five-year period in the Airport Regulation Document (DORA) approved by the Council of Ministers, or the determination of these public property benefits by the Council of Ministers. Administration of Aena, constitute mere acts of application of the methodology and the formulas of annual update, and in its case, of the impact of the bonuses provided for in this Law, therefore it is safeguarded the legal reserve demanded to this type of capabilities.

Just as it happens in the regulatory models of other countries in our environment, the revenues of the airport manager associated with the basic airport services will be conditioned by the fulfillment of a maximum income annual per passenger, the determination of which shall be based on the recovery of efficient costs recognised by the regulator.

Compliance or non-compliance with certain quality conditions of the service or investment will determine the application of incentives or penalties on these annual maximum authorised passenger revenues which, together with the Deviations from planned values should be taken by the manager from other income, among others, from commercial revenues, those associated with their international activity or from urban management.

The management of non-essential airport services, as well as the commercial management of infrastructure or its urban exploitation, is subject to the free market.

The instrument that establishes the concrete obligations arising from this framework is the Airport Regulation Document (DORA) adopted for five-year periods, after hearing the representative organizations of the users of the network's airports. However, the DORA shall inform the Airport Coordination Committees established by Royal Decree-Law 20/2012 of 13 July 2012 of measures to ensure budgetary stability and to promote competitiveness.

Finally, the legal system of transparency, consultation, non-discrimination and supervision in the field of airport charges is adapted to the new regulatory framework, adapting the established transposition of the Directive. 2009 /12/EC of the European Parliament and of the Council of 11 March 2009 on airport charges and in force on the entry into force of this Law.

The articulation of this legal regime allows, on the other hand, to establish the conditions which ensure that the network of airports of general interest fulfils its task as a service of general economic interest, in the event that The right to enter private capital in Aena, S. A., while being strictly subject to the principle of proportionality, balances the right to freedom of enterprise within a framework of free market economy, as recognised in Article 38 of the Treaty. Constitution, with public intervention to guarantee the general interest as prevented by the article 128.1 of the Magna Carta. The arrangements in question are in line with the provisions of Article 14 of the Treaty on the Functioning of the European Union.

The adoption of this regime, moreover, is necessary to strengthen the economic efficiency and the efficiency in the management of the network of airports of general interest, in order to enhance the activity of air transport, main In addition, it would be beneficial to the beneficiary, even without disknowledge of the positive impact of the increased efficiency of airport management in other segments of aviation, such as general aviation and sports. In addition, adopting the new legal framework prior to any decision on the entry of private capital into the social capital of Aena, S. A., is essential to ensure investor confidence.

In this sense, it is important to note that the trajectory followed by Aena Aeropuertos during the last few years, the current Spanish economic situation and the general situation of the financial markets, make possible the entry of private capital in the management of Aena Aeropuertos in the short term, being in any case necessary to provide the system with the basic characteristics that make it possible to make such an opportunity.

Thus, it is necessary to set up a sound, stable and predictable system of economic regulation, which gives confidence and certainty to the markets and allows, in the short term, the investment community to perceive that the framework under which their investment will be developed to ensure the recovery of their regulated costs and the adequate remuneration of their assets, all in a certain and visible way, without these characteristics having to be at odds with the unquestionable principles of good business management required by the regulator. All of this will make it possible to maximise the valuation of our airport network, which will undoubtedly benefit our economy and our society.

The private capital entrance at Aena Airports will have to come necessarily accompanied by a complex valuation process, which will be extended for several months, in which analysts and investors will assess the society, examining in detail all the components of its investment, in which the regulatory envelope will play a key value and that it does not do but abunits in the need to have a known regulatory framework.

the reasons for the need for the adoption of these measures are to contribute to the strengthening of air transport which, by virtue of its connection with the country's main economic activity, tourism, is a source of employment and motor of economic activity, in particular in an economic context in which tourism is essential for the reactivation of the economic activity of the country, through the establishment of the necessary measures to ensure the management efficient airports, ensuring that they fulfil the obligations of general interest as a service of general economic interest.

In addition, taking into account the economic context, it is equally necessary to establish this regulatory framework to take advantage of market opportunities and ensure the highest value of the network.

V

Scientific and technical progress has in recent years contributed to the progress of aviation by allowing new airspace users to receive various names such as drones, RPAs, Remote Piloted Aircraft) or UAVs (for short, Unmanned Aerial Vehicle).

These technological developments have also led to a considerable reduction in the cost of acquiring this type of aircraft, allowing for a proliferation of their use in an almost indiscriminate manner with the consequent risks to the aircraft. air safety that this entails.

To ensure a progressive transition and a high level of civil aviation security, it is necessary to establish the specific legal regime applicable to these aircraft and to the air activities developed by them. These regulatory measures should reflect the current state of the art, while also collecting the needs of the industry industry by enhancing its uses.

This law establishes the operating conditions of these aircraft for the performance of technical or scientific work or, in the terms of European Union regulations, specialised operations, as well as for flights of proof of production and maintenance, of demonstration, for research programmes on the feasibility of carrying out certain activities with civil aircraft piloted by remote control, development of new products or to demonstrate the security of the specific operations of technical or scientific work, permitting, this form, its immediate application.

These conditions, the application of which will be temporary, are supplemented by the general regime of Law 48/1960 of 21 July on Air Navigation, which is amended to establish the general legal framework for the use and operation of the civil aircraft piloted by remote control, taking into account, as provided for in the European Union rules on specialised operations, the dual possibility of submitting the activity to a communication prior to or an authorization.

The specific regime of the operations of the civilian aircraft piloted by remote control shall be established in accordance with the state of the art. However, as a result of this regulatory development, the operations of the sector with the necessary levels of security are guaranteed with the temporary regime established in this Law. The operation of civilian aircraft operated by remote control weighing less than 150 kg and those of a higher weight for the performance of fire-fighting and search and rescue activities is addressed exclusively. The rest would be subject to European Union legislation.

The reasons for establishing the legal framework applicable to the operations of the civilian aircraft piloted by remote control stem from the need to provide a legal framework under security conditions that will allow for the development of a technology sector with a high capacity for growth, particularly in view of the fact that, in the current economic context, it is necessary to provide for measures to diversify economic activity and to strengthen industrial activity, for the benefit of the economy and employment. In this respect it is relevant, for example, that in France in two years since the regulation of the activity they have more than 600 companies enabled to operate these aircraft.

It is necessary to strengthen the competitiveness of Spanish industry, putting it on an equal footing with other states in our environment that have already addressed the regulation of the sector or are in the process of regulation.

Additionally, it is mandatory to provide a legal framework for a sector that lacks specific provisions. It is therefore necessary to ensure the safety of the air operations and the persons and the underlying assets, enabling the operation of these aircraft under security conditions and their control by the State Aviation Safety Agency, avoidance of safety risks that may lead to accidents or incidents of aviation.

On the other hand, the competences of the Ministries of Defense and Development in the field of airspace are articulated through the provisions of the Royal Decree-Law 12/1978 of 27 April on the fixing and delimitation of powers between the Ministries of Defence and Transport and Communications in the field of civil aviation, and Law 21/2003 of 7 July on Air Safety.

According to this regime to the Ministry of Defense, in addition to the powers related to the defense of the airspace of national sovereignty, it is up to the competition in terms of structuring the airspace, the control of the operational air circulation and, in time of armed conflict or in extraordinary or emergency circumstances, agreed respectively by the President of the Government or the Ministry of Defence, the control of the general air circulation. The Ministry of Public Works is responsible for exercising the powers of control of the general air circulation in peacetime.

Attending, however, to the incidence that the exercise of the respective competences has in the matters attributed to each ministerial department, the coordination, study and report of the issues related to the space The air is attributed to an inter-ministerial commission composed of representatives of both ministries, currently the Inter-Ministerial Commission between Defense and Development (CIDEFO).

The accumulated experience and the European rules for the Single Sky, in particular on the flexible use of airspace, advise reorganising the allocation of powers and the exercise of functions in the field of airspace, At the same time it is necessary to update the rest of the functions attributed to CIDEFO by concreting them in the strictly necessary ones for the coordination between the Ministries of Defense and Development.

With this objective, this Law attributes to the Ministries of Defense and Promotion the joint competence in matters of policy and strategy for the structuring and management of the airspace, as well as the adoption of the specific measures in this field. The Ministry of Public Works attributes the determination of the conditions or restrictions of use of airspace for the general air circulation to situations of ordinary crises generated by natural phenomena, accidents or any other Similar circumstance, reserving to the Ministry of Defense the competences on the subject in extraordinary or emergency situations declared by the President of the Government or the Ministry of Defense.

To complete this regime, CIDEFO is assigned executive and decision-making functions in the field of shared competences in the field of structuring and management of airspace, which, as provided for in the Regulation (EC) Commission Regulation (EC) No 2150/2005 of 23 December 2005 laying down common rules for the flexible use of airspace should be adopted by means of a joint civil-military process, making it particularly relevant to the exercise through this collegiate body.

Moreover, the regime for the delimitation of competences between the Ministries of Defense and Development in relation to the air bases opened to the civil traffic and the airfields of joint use, incorporating to the Law 21/2003, of 7 July, the scheme provided for in Royal Decree-Law 12/1978 of 27 April, which is repealed.

In this context of updating in terms of competences, the competence of the Ministry of Public Works in relation to the supervision of compliance with the rules in the single sky is also specific.

In addition, Law 21/2003 of July 7, of Air Safety, is amended, adapting the national legislation to the single Community rules of the sky and to establish a general obligation for those persons who can put at risk the security, regularity and continuity of the operations under which they must refrain from carrying out, in the airport environment, conduct involving such risks, in particular by the use of elements, lights, projectors or emissions laser.

The regime of breaches of the Law is also updated, in order to make the actions or omissions of the aeronautical subjects which infringe the provisions of Commission Regulation (EU) No 255/2010 of 25 March 2010, be updated. 2010, establishing common rules on the management of air traffic flows.

For reasons of legal certainty, it is clear that the procedures for the authorisation of air operations and the use of airspace and special operations are included in the derogation provided for in Article 43.1 of the Treaty. Law 30/1992, of 26 November 1992, of the Legal Regime of the Administrations and of the Common Administrative Procedure, to the rule of the positive administrative silence by virtue of the overriding reason of the general interest to preserve the air safety. For the same reasons, the authorisations of the operations and activities carried out by remote-controlled aircraft operated by remote-controlled aircraft are exempted from that rule.

VI

In the port area, the measures are aimed at improving the competitiveness and land connectivity of ports of general interest.

To this effect, it is necessary to introduce modifications in the Recast Text of the Law of Ports of the State and of the Merchant Navy, approved by the Royal Legislative Decree 2/2011, of 5 September, that they are aimed to strengthen the competitiveness in the port sector and the increase of private investment in port and connection infrastructures between the modes of maritime and land transport, which will help to promote intermodal transport.

Thus, the measures that, in this sense, are adopted in this Law are directed, basically: (a) the increase in the deadline for port demanial concessions, raising it to the ceiling of 50 years, which has led to the need to introduce the corresponding transitional law rule governing the extension of the initial period of the concessions granted prior to the entry into force of Royal Decree-Law 8/2014 of 4 July 2014; b) the introduction of a new assumption of extraordinary extension associated with the contribution for the financing of infrastructure port connectivity and improvement of freight transport networks; c) to the establishment of the Fund Financial for Port Land Accessibility and (d) the lifting of the ban on the use of hotels, hostels or accommodation for certain disused port infrastructures, located within the port public domain and subject to protection to be part of the historical heritage, in order to promote the preservation of this heritage, in the same terms as intended for the headlights.

With regard to the regulation of the concession period, the evolution of the logistic market makes it necessary a great investment volume to maintain the levels of efficiency and competitiveness in a global framework. In this context, it is noted that the new investment needs require longer repayment periods, which exceed the maximum concessional time limits that the current legislation authorizes.

In addition, it is necessary to homogenize the maximum concessional deadlines in Spain with the existing ones in the European ports with the object that the national harbour field is on the same level of competitive conditions in the international scenario and not a weakness for private investment recruitment.

The increase of the maximum period of concessions helps to further enhance the concessional figure as an instrument of public-private collaboration, favoring the execution of projects with attractive profitability for the port operators as well as the introduction of new technologies and processes in existing concessions to improve their efficiency, including energy efficiency, in order to increase their competitiveness, which will be a acceleration of private investment and economic activity in ports.

The increase in concessional deadlines will mean the increase in the competitiveness of the sector in relation to our international competitors and will reduce the logistical costs for the Spanish industry in terms of exports and imports, enhancing the increase in economic activity and the generation of jobs in the sector, as well as in the domestic industry for the reduction of its logistical costs.

In relation to the above, it is also necessary to include a transitional law rule, applicable to concessions granted prior to the entry into force of Royal Decree-Law 8/2014 of 4 July 2014, in order to allow the holders of the same can, under certain conditions, benefit from the extension of the maximum period of the concessions to 50 years, which will make it possible to match the competitive position of these dealers with that of those who in the future obtain their concession without the limit of the 35-year maximum concession period in force until now.

In summary, consideration is given to extending the deadline for existing concessions provided that the concessionaire undertakes to carry out, at least one of the following actions: a relevant additional investment; a contribution to the financing of land-connection infrastructure of the ports; and, finally, a reduction of the maximum tariffs that may apply to them.

The cases of extraordinary extension are also extended, adding to that of the already existing additional investment, the possibility of financing of the terrestrial accesses to the ports, the adaptation of the general railway network common use or improvement of general transport networks in order to promote intermodality and rail freight, in order to improve the competitive position of ports.

The need for its implementation is associated with the growing loss of competitiveness of Spanish ports on the international stage due to its high costs and the possibility of loss of significant investments in Spain. reason.

Another of the measures adopted in this Law, as indicated, implies the creation of the Financial Fund for Port Land Accessibility through the contributions of the Port Authorities and Ports of the State in concept of loan. The creation of this fund will allow the generation of more favourable conditions of financing to alleviate the deficit of road and rail connections to the ports of general interest that are reducing their competitiveness and conditioning the concessional private investment in the same.

The construction of land access to ports and adequate connectivity is a strategic factor for the development of Spanish ports as a logistics platform for southern Europe and is also an important factor in the competitiveness. It is necessary to articulate measures in order to be able to face the construction of these accesses, as part of the private investment is conditioned in some cases to the same.

Finally, within the so-called port public domain there are certain infrastructures that are part of the historical heritage and to which, in the interests of its preservation, it is considered necessary to extend the exceptions established in the Law of Ports of the State and the Merchant Navy for the installations of maritime signage, contemplating the possibility of hotel use, which will contribute to its protection, avoiding, at the time, the tax that it supposes for the Harbour Authorities the maintenance of these constructions and installations in disused, which must be preserved, but which have no viability for new port uses; as well as to boost the tourist development of the areas in which they are located.

This measure is determined by the increasing deterioration of this historical heritage due to its long period of absence and the difficulties inherent in maintaining the property of remarkable antiquity, requiring the most prompt collaboration of private initiative to ensure their conservation.

The modifications introduced in the Recast Text of the Law of Ports of the State and the Merchant Navy are adopted under the jurisdiction of the jurisdiction that is derived from Article 149.1 of the Constitution, in respect of the subjects listed with the ordinal 20. and

.

VII

Energy is a series of measures aimed at ensuring sustainability and accessibility in the hydrocarbon markets, as well as establishing an energy efficiency system in line with the guidelines.

Royal Decree 1085/1992 of 11 September 1992 on the regulation of the activity of the distribution of liquefied petroleum gases (hereinafter 'LPG') provides, in Article 25, that the companies supplying the LPG shall be supplied to any applicant thereof, and its extension to any subscriber who so requests, provided that the place where the delivery of the gas is to be carried out is within the geographical scope of the authorisation. granted.

As far as market players are concerned, Law 34/1998 of 7 October of the hydrocarbon sector retained the figure of the wholesale operator, but amended the figure of the LPG supplying company, creating the Bulk LPG marketer and the packaged LPG retail market. Also, in the amendment of the aforementioned Law, given by Law 25/2009, of 22 December, amending various laws for its adaptation to the Law on the free access to the activities of services and their exercise, the regimes of authorisation for the exercise of the activity of the wholesale LPG operator and the bulk carrier of LPG, replacing it with a communication on the start of the activity, accompanied by a statement responsible for compliance with the requirements for their exercise.

Law 34/1998 of 7 October of the hydrocarbon sector in Article 47.1 states that the retail sale of liquefied petroleum gases will be carried out freely, although in Article 47.3 it provides that only the exclusive supply arrangements for liquefied petroleum gases which are packaged, between operators and traders, may be established only when users are guaranteed to apply for the home supply of liquefied petroleum gases. packaged oil.

In its Article 49, it also states that all consumers shall be entitled to the supply of petroleum products in the national territory, under the conditions laid down in the same Law and in their rules of development.

In addition, the Royal Decree-Law 15/1999 of 1 October, approving measures of liberalization, structural reform and increased competition in the hydrocarbon sector, contemplated specific measures for a greater liberalization and increased competition in the marketing of liquefied petroleum gases packaged, safeguarding the interests of consumers in a market of marked social character, for which in accordance with the provisions of the Transitional provision, fourth, of Law 34/1998 of 7 October of the Hydrocarbons Sector established a system of maximum selling prices to the public, before taxes, including home supply.

At the present time, given that the market for liquefied petroleum gases has a collective of consumers located in areas of difficult access and consequently with lack of energy alternatives, and the Supply in containers with a load equal to or greater than 8 kilograms and less than 20 kilograms is directed to a collective where there are consumers of marked social character, it is considered extraordinary and urgent need the updating of the the terms of the obligation to supply at the home of LPG packaging to ensure that all consumers of This type of packaging that so requests has at its disposal liquefied petroleum gases supplied in its own home.

For this purpose, it is established that at the peninsular level and in each of the island and extra-island territories, the wholesale operator of LPG with greater market share for its sales in the sector of liquefied petroleum gases packaging in containers with a load of 8 kilograms or more and less than 20 kilograms, except for mixing packages for uses of liquefied petroleum gases as propellant, shall provide the home supply to any of the within the relevant territorial scope.

This Law covers the scope of the maximum selling prices to the public of the liquefied petroleum gases packaged, which the Minister of Industry, Energy and Tourism, prior to the Agreement of the Delegation of the Government for Economic Affairs, may establish, as long as the conditions of competition and competition in this market are not considered sufficient. Such prices shall apply, where appropriate, to liquefied petroleum gases packed in containers of a load of 8 kilograms or more and less than 20 kilograms, of which more than 9 kilograms, with the exception of mixing packages for uses of liquefied petroleum gases as fuel.

In this way, the selling price of liquefied petroleum gases packaged in containers with a load equal to or greater than 8 kilograms and less than 20 kilograms, having a tare of less than 9 kilograms, is released. The aim of this liberalization is to encourage investments that result in lower energy consumption and facilitate the provision of home supplies, as well as an improvement in the service provided to the customer. It is also intended to promote the conditions of competition and competition on the market.

However, as a guarantee that all consumers will be able to dispose of liquefied petroleum gas in their own home, in packages with a load of 8 kilograms or more and less than 20 kilograms, at the maximum regulated price, the said liberalisation is carried out with the restriction that, in the event that the wholesale operator of LPG with an obligation to provide home supply does not have packages of a size greater than 9 kilograms, the obligation to supply Under the terms of this Regulation, the price of the product concerned shall be reduced to a maximum of 9%. kilograms, in the relevant territorial scope.

Law 34/1998 of 7 October of the hydrocarbon sector established the legal regime for activities related to liquid and gaseous hydrocarbons, attributing in the second article to these activities the (a) consideration of activities of general economic interest and in Article 60 thereof defines as activities regulated to regasification, transport, basic storage and distribution of gas, and the economic regime and its economic regime must be adjusted to that law. operation.

Chapter VII of Title IV of the abovementioned Law on the Hydrocarbons Sector established the basis for the economic regime of those activities which was developed by Royal Decree 949/2001 of 3 August, which regulates the Third-party access to gas installations and an integrated economic system of the natural gas sector is established.

The regulatory framework established from the aforementioned Royal Decree 949/2001 for the integrated economic system of the natural gas sector has allowed the development of the necessary infrastructures to guarantee the safety of In the period 2002-2006, a balance was reached between the costs and revenues of the gas system. However, in recent years, the economic crisis with the fall in demand for associated gas has shown that such a system is insufficient in situations of lowering or stabilizing demand.

in this period, the consumption of natural gas in Spain experienced an important growth, of up to two digits per year, reached the all-time high in 2008 with a consumption of 449 TWh. However, since 2009, there has been a significant decrease in the demand for natural gas. The levels of consumption reached in 2013 are similar to those of 2004 and lower by more than 25% to those of 2008, estimated that until after 2020 the consumption levels of 2008 will not be reached.

This situation resulted in annual imbalances between revenues and costs of the gas system, which have been tried to contain since 2008 through significant increases in access tolls, which has contributed to the the prices applicable to final consumers above the average of the European Union.

In order to correct the mismatch between revenue and costs of the gas system, caused by the fall in demand and the construction and incorporation of an important number of infrastructures that cause the growth of the costs of the gas system, in Royal Decree-Law 13/2012 of 30 March, implementing directives on the internal market in electricity and gas and in the field of electronic communications, and on which adopt measures for the correction of deviations from the mismatch between the costs and the revenue the electricity and gas sectors, a set of measures were adopted with the ultimate aim of removing these mismatches.

The measures taken in the Royal Decree-Law are set as a first step towards achieving the sufficiency of revenues to cover costs, although the rule itself recognises the need for further reform. It will allow the sector to be provided with adequate mechanisms to meet with guarantees the challenges posed by the current energy scenario for our country.

The Royal Decree-Law carried out an adaptation of the remuneration scheme for underground storage with commissioning from the year 2012, suspending the payment of provisional remuneration and determining that no the perception of more than one accrual annuity could be accumulated in the same year. It also limited the construction of new gas infrastructures to those needed to maintain the binding international commitments resulting from the construction of gas interconnections, as well as to meet new gas consumers. provided that this did not entail any costs added to the system and, in order not to endanger the technical balance of the regasification plants in operation, brought to a standstill the authorisation and putting into service of new regasification plants in peninsular territory.

However, the trend in demand has continued to be decreasing, with the decline being particularly significant during the first quarter of 2014, largely conditioned by extremely warm temperatures. during the winter months, which has meant that only in the first quarter of the year the demand has experienced a decrease of more than 11% compared to the same period of the previous year. This negative trend is maintained during the second quarter, which will result in further misalignment at the end of the financial year if emergency measures are not taken to correct the situation.

This mismatch between revenue and expenditure of the gas system can be regarded as a structural deficit and requires the updating of the regulatory framework for the remuneration of regulated activities. The National Commission of the Markets and the Competition has quantified in the provisional liquidation 14 of the financial year 2013 this mismatch in 326 million euros at the end of the year 2013, estimated that the deficit accumulated to 31 December 2014 could reach EUR 800 million as a result of the entry into service of new installations and the contraction of demand for natural gas in the first half of 2014, more pronounced than expected.

Consequently, a reform of the remuneration regime of the natural gas sector is necessary based on the principle of the economic sustainability of the gas system and the long-term economic balance, which it has in (i) consideration of the fluctuations in demand, the development of costs, improvements in efficiency, the degree of development of existing gas infrastructure without prejudice to the principle of adequate remuneration for the investments in regulated assets or security of supply.

First, the principle of economic and financial sustainability of the gas system is established, which will be a guiding principle for the actions of the Public Administrations and other subjects of the gas system. Under this Regulation, any regulatory action in relation to the sector involving a cost increase for the gas system or a reduction in revenue will have to include an equivalent reduction in other cost items or an increase revenue equivalent to ensure the balance of the system. In this way the possibility of deficit accumulation is definitely ruled out.

This principle is reinforced by the imposition of restrictions on the occurrence of annual temporary disadjustments, establishing as a correction mechanism the obligation to automatically review tolls and tolls. correspond if certain thresholds are exceeded. The thresholds introduced allow for a deviation caused by short-term circumstances or by the volatility of the gas demand, which, as such, can be reversed in the following period without the need for a modification of the tolls and charges, to the the same time as ensuring that no levels of mismatch can be reached that could put the financial stability of the system at risk.

Temporary gaps occurring from the entry into force of this Law, without exceeding the above thresholds, shall be financed by all the subject of the settlement system on the basis of the receivables which generate.

Secondly, the principle of economic and financial sustainability must be understood in such a way as to ensure that the revenue generated by the use of the facilities satisfies all the costs of the system. In the case of natural gas, regulated remuneration methodologies shall be considered as the costs necessary to carry out the activity by an efficient and well-run undertaking under the principle of carrying out the activity at the lowest cost to the natural gas sector. system.

A six-year regulatory period is set to establish the remuneration of regulated activities, giving regulatory stability to them. With the possibility of adjustments every three years of the remuneration parameters of the system, among others the unit values of reference for customers and sales, operating and maintenance costs, productivity improvement factors, etc., in case of significant changes in revenue and cost items occur.

The remuneration system for transport, regasification and storage facilities is established under homogeneous principles: adoption of the net asset value as a basis for the calculation of the remuneration for the investment, the incorporation of variable remuneration on the basis of vehicle gas, which is regasified or stored according to the type of asset and the elimination of any procedure for the automatic review of remuneration and remuneration in relation to indices of prices.

The new remuneration model, regulated by this Law, establishes a common calculation methodology for all the installations of the core network, which takes as a basis the net annual value of the assets eliminating any update of the same during the regulatory period. This remuneration is composed of a fixed term for the availability of the facility and a variable term for continuity of supply.

The fixed term of availability includes the operating and maintenance costs for each year, amortization and a financial remuneration calculated by applying to the annual net investment value and the financial remuneration to be determined for each regulatory period.

The inclusion of the term supply continuity variable in the remuneration of the facilities allows, on the one hand, to adjust the costs of the system to situations of variation of demand by balancing the differences between the the system's revenue and costs and, on the other hand, it transfers some of the risk of the change in demand, which has so far been borne by the final consumer, to the owner of the facilities.

This term is a function of the total variation of the national consumption of natural gas in the year of calculation in respect of the previous year in the case of transport facilities, of the variation of demand for regasified gas in the system plant assembly in the case of regasification facilities and the variation of the useful gas stored in the storage in the case of the latter.

Remuneration for continuity of supply shall be divided among all installations according to the weighting of their replacement value with respect to that of the set of installations of the activity, calculating those values by applying the investment unit values in force each year.

Once the regulatory lifetime of the facilities has been completed, and in cases where the asset continues in operation, the operating and maintenance costs increased by a coefficient are set as remuneration. the amount of which depends on the number of years in which the facility exceeds the regulatory life, not taking any amount of remuneration for investment.

For the remuneration of new primary pipelines that do not belong to the backbone network, the government is enabled to develop a specific methodology.

With regard to new secondary transport facilities, it is established that their remuneration will be included in the remuneration methodology of the distribution facilities, with their remuneration being associated with the client growth and new generated demand.

In relation to the distribution facilities the remuneration is maintained for each distribution company for the set of its facilities according to the customers connected to them and the volume of gas supplied. However, automatic updates are eliminated on the basis of the CPI and IPRI, and the current parametric remuneration formula is modified, distinguishing, in the category of remuneration of supplies at pressures equal to or less than 4 bar, between consumers with annual consumption of less than 50 MWh and those with higher consumption in order to ensure the sufficiency of income for the system at all levels of consumption, taking into account the toll income of each of them.

In order to incentivise the extension of networks to non-gasified areas and to adjust the remuneration to the actual cost incurred by companies, differentiated unit values are considered depending on which customers and the consumption are in municipal terms of recent gasification.

In relation to the accumulated deficit of the gas system at 31 December 2014, which is being supported by the system of liquidations, it is necessary to recognize it, although its quantification will be carried out in the final settlement for the financial year 2014. This deficit will be financed by the holders of the facilities for a period of 15 years, their annuity included as a cost of the system and an interest rate will be recognised under conditions equivalent to those of the market.

Other measures related to the natural gas sector included in this Law are the modification of Law 34/1998, of 7 October, of the hydrocarbon sector, in order to point out the separation of activities from the operators of the transport network, the procedure for the designation of transmission system operators and the functional separation of distributors belonging to vertically integrated groups with interests in the market, in relation to the correct transposition of the Directive of the Internal Market for Natural Gas.

Energy efficiency is an essential aspect of the European strategy for sustainable growth in Horizon 2020, and one of the most cost-effective ways to strengthen the security of energy supply and reduce energy efficiency. emissions of greenhouse gases and other pollutants. For this reason, the European Union has set itself a target for 2020 to reduce its energy consumption by 20%, an objective which, for the whole of the European Union, does not lead to being met in the absence of additional efforts.

The conclusions of the European Council of 4 February 2011 recognised that insufficient progress was being made towards the achievement of the Union's energy efficiency objective and that action was required to take advantage of the the considerable potential for energy saving in buildings, transport and production and manufacturing processes.

To this end, Directive 2012/27/EU of the European Parliament and of the Council of 25 October 2012 on energy efficiency (hereinafter the Directive) amending Directives 2009 /125/EC and 2010 /30/EU, and repealing Directives 2004 /8/EC and 2006 /32/EC creates a common framework for the promotion of energy efficiency within the Union and sets out concrete actions in order to realise the considerable potential for unrealised energy savings.

The Energy Efficiency Directive sets out in Article 7 the binding obligation to justify an amount of final energy savings by 2020. In compliance with this obligation, Spain has communicated to the European Commission a target of 15,320 ktep of accumulated energy savings for the period 2014 to 2020, an objective that has been increased to 15,979 ktep according to the latest revision of the methodology carried out by the European Commission.

In addition, Article 7 of the Directive determines that each Member State shall establish a system of energy efficiency obligations, under which distributors and/or energy traders shall be required to achieve in the year 2020 the objective of savings indicated, by the annual achievement from the year 2014 of a saving equivalent to 1.5 percent of its final annual sales of energy.

On the other hand, Article 20 of the Directive allows Member States to set up a National Energy Efficiency Fund, as a support for national energy efficiency initiatives, to which the companies obliged by the Article 7 may contribute annually by an amount equivalent to that of investments requiring compliance with the obligations arising from that article as a form of compliance with those obligations. With the payment of the financial equivalence to the National Energy Efficiency Fund, the obligated subjects will give their annual savings obligation completely.

Although the Directive gives the possibility that the obliged subjects may be trade or distributors of energy, given that, in Spain, the energy distributors do not carry out marketing tasks (contrary to the in other EU countries) but a regulated network management activity, has been established for energy marketers as the required subjects where the Directive requires energy savings.

The transport sector is included among the required subjects given the great weight that this sector has in the demand for final energy and the great potential of energy savings that can be reached in it. In the case of petroleum products and liquefied petroleum gases, it has also not been considered appropriate to impose obligations on the network operator, but are subject to the obligation of the companies which in fact carry out the marketing of the products for sale to final consumers and, in particular, taking into account the existing atomisation in the final marketing of these products, to the wholesale operators of petroleum products and liquefied petroleum gases.

Consequently, this Law establishes a system of obligations for the companies of gas and electricity, for the operators of petroleum products wholesale, and for the operators of liquefied petroleum gases wholesale, as from the entry into force of the same. Following the establishment of this system, an annual savings target and the quota on the same corresponding to each subject under its final sales will be defined annually by Order of the Ministry of Industry, Energy and Tourism. for energy of year n-2, following the same criterion laid down by Directive 2012/27/EU in Article 7 for the determination of the cumulative savings objective, as well as the financial equivalence for the calculation of the amount equivalent to the of the investments necessary for the fulfilment of these obligations by means of contribution to a National Energy Efficiency Fund.

The National Energy Efficiency Fund, without legal personality, will allow the implementation of economic and financial support mechanisms, technical assistance, training and information or other measures aimed at increasing the energy efficiency in the different sectors, necessary for the achievement of the objectives set out in the Energy Efficiency Directive.

The financial equivalence of savings obligations will be determined on the basis of the average cost of such support mechanisms, incentives and measures necessary to mobilise the investments required to deliver the Annual savings target through the actions of the National Fund, according to the results of the technical analysis of the Institute for Diversification and Energy Saving.

Also, this Law enables the Government to establish and develop an energy savings accreditation system through the issuance of Energy Savings Certificates (CAE), which once in progress allow companies progressively to comply with their savings obligations through the direct promotion of energy efficiency improvement actions that meet all the necessary guarantees.

According to the energy savings calculation methodology set out in the Directive and applicable for the verification of the achievement of the objectives, the time when the savings are produced determines how much savings are made. accumulated during the period of validity of the Directive. Therefore, the same measure can compute a very different amount of accumulated savings depending on whether it is carried out at the beginning or end of the period and, therefore, the sooner the efficiency improvement actions are carried out. Energy savings, plus savings from energy savings, can be accounted for in order to achieve the cumulative energy saving target. As a result, early implementation of savings measures significantly reduces the number of measures needed to achieve the goal, and therefore the cost that is derived from its compliance.

Therefore, in order to be able to carry out energy efficiency measures at least as soon as possible, it is necessary to have sufficient economic resources in the National Efficiency Fund to enable these measures to be implemented. on a large scale, with the greatest general interest being the implementation with the greatest urgency of the system of obligations which will enable the Fund to be provided with such resources. Among the options assessed to undertake early energy saving measures on a large scale, the introduction of a system of obligations for a contribution to a National Efficiency Fund is presented as the option to provide for the the shorter possible time for the necessary resources to undertake energy efficiency measures that lead to an early accounting of savings in order to meet the objectives of the Directive in the most economically efficient way.

In line with the implementation of the energy efficiency measures by the National Efficiency Fund, the implementation of the obligations system has been foreseen in the proportion to the remaining period from the entry in force of Royal Decree-Law 8/2014 of 4 July 2014 until 31 December 2014. However, in the light of the urgency with which the obliged subjects must make their contribution equivalent to the obligation corresponding to that period, the exclusion of that obligation to small undertakings has been considered appropriate. (a) to avoid a disproportionate short-term burden associated with the urgency of the contribution in this first period of application by making use of the possibility established in the Recital 20 of Directive 2012/27/EU which allows the exclusion of the obligations to the smaller market operators.

On the other hand, Article 9 of the Directive provides that in the supply of heating, cooling or hot water to a building from a district heating or a central source supplying several buildings, will install individual consumption counters before 1 January 2017. Given that according to the Regulation of Thermal Installations in the Buildings, approved by Royal Decree 1027/2007 of 20 July, the thermal installations of the newly constructed buildings must have a system that allows the The breakdown of the costs for each service (heat, cold and hot water) between the different users, it is necessary to establish the obligation to individually account for such consumption in the existing buildings.

Also, in view of the risks involved in the execution and management of energy savings and efficiency projects, in particular in the industrial sector and in the construction sector, the subscription of insurance is considered necessary. civil liability to cover the risks arising from such actions by energy service providers and other subjects which may in the future be able to operate within the framework of the obligations system.

Finally, the sanctions regime applicable in the event of non-compliance with the provisions adopted for the transposition of Directive 2012/27/EU, in particular those adopted in the field of the system of energy efficiency obligations. In the field of energy audits, accreditation of service providers and energy auditors, promotion of energy supply efficiency and accounting for energy consumption, instruction and resolution of files Penalties to be initiated shall be the responsibility of the competent bodies of the Autonomous Communities.

The deadline for transposition of the Directive was general on 5 June 2014, and it is therefore necessary to complete the transposition of the Directive with the utmost urgency.

Law 22/1973, of July 21, of Minas establishes in its article 76 that references to the lengths established for the demarcation of the perimeters of the permits of investigation and concessions of exploitation will come referred to the meridian of Greenwich. The Universal Transverse Mercator (UTM) and the distribution of international zones and zones will be adopted. As a reference ellipsoid the international of Hayford (Madrid, thousand nine hundred twenty-four), European datum (Postdam, thousand nine hundred and fifty) and meridian of Greenwich will be used as the origin of lengths. This aspect was introduced by Article 11 of Law 54/1980 of 5 November, amending the Law of Mines.

Subsequently, Royal Decree 1071/2007, of 27 July, regulating the geodetic system of official reference in Spain, dictated by the provisions of article 149.1.13. of the Constitution, which it attributes to the State the competition on bases and coordination of the overall planning of economic activity, established the adoption in Spain of the global geodetic reference system, ETRS89, replacing the geodetic system of regional reference ED50 on which all official cartography is currently being compiled in the area of the Peninsula Iberian and the Balearic Islands, and the REGCAN95 system in the area of the Canary Islands, allowing a complete integration of the official Spanish cartography with navigation systems and the mapping of other European countries. In addition, and in correspondence with the above, the coordinate representation systems to be used to compile and publish the official geographic mapping and information according to their characteristics are determined.

This Royal Decree establishes that all cartography and databases of geographic and cartographic information produced or updated by the Public Administrations shall be compiled and published in accordance with the provisions of the from 1 January 2015 to the same day.

On the basis of this, the amendment of Law 22/1973 of 21 July, of Mines, is appropriate to adapt the reference system to the new requirements introduced by Royal Decree 1071/2007 of 27 July, which regulates the official reference geodetic system in Spain. In particular, Article 76.2 of Law 22/1973 of 21 July 1973 is amended and the second paragraph of Article 99.1 of the General Regulation for the Mining Regime approved by Royal Decree 2857/1978 of 25 August 1978 is repealed, since it precludes the provisions of the said Royal Decree 1071/2007 of 27 July 2007.

In addition, due to the complexity of the process of adapting Spanish mining rights to new cartographic references, a final Disposition is added to enable the Government to approve a Royal Decree to develop the application of the amendment to Article 76.2 of Law 22/1973 of 21 July, in accordance with its new wording.

The need for the amendment is due to the fact that the second transitional provision of the said Royal Decree 1071/2007 of 27 July 2007 provides that all mapping and databases of geographical and cartographic information produced or updated by the Public Administrations must be compiled and published according to what is available in that Royal Decree from January 1, 2015 and that all the cartography is being carried out with a geodetic base that will not be able to be used from that date, with which the mining sector must know as soon as the modification that is to be produced since it causes actual changes in the area awarded when mining rights are granted in respect of the area to be granted if the changes that are approved in this Law are not produced.

In analogy with the mining sector, the geodetic system of reference for application to the exploration, research and production of hydrocarbons is clarified. The regulatory development of Title II of Law 34/1998 of 7 October, of the hydrocarbon sector, which is collected temporarily in Royal Decree 2362/1976 of 30 July, approving the regulation for the implementation of the Law on Research and Exploitation of Hydrocarbons of 27 June 1974, also referred to the ellipsoid of Hayford (Madrid, thousand nine hundred and twenty-four) and the European datum (Postdam, one thousand nine hundred and fifty), applying the Universal projection Transverse to Mercator (UTM), so it is also expressly repealed. From 1 January 2015, only Royal Decree 1071/2007 of 27 July 2007 will apply, ensuring the coherence of the sectoral legislation with the specific geodesic and cartographic material.

VIII

Title IV establishes the regime for the implementation of the National Youth Guarantee System and includes other measures to promote the occupation.

The National Youth Guarantee System, which is regulated in Chapter I, has as its main purpose the collective of young people not occupied or integrated into education or training systems and who are over 16 years of age and children under 25, or under 30 years of age in the case of persons with a disability level of 33% or more, can receive an offer of employment, continuing education, apprenticeship or traineeship after the end of education or be unemployed.

It should be noted that in 2013, out of a total of 4,111,900 16-to 24-year-olds reported in Spain, 951,100 were in unemployment and 845,500 were non-employed young people who were also unemployed. receiving education or training, according to the revised EPA figures. These figures show the serious employment situation in which the youth group in Spain is located, which can result in both a strong disconnection from the labour market and social exclusion in the long term.

According to Eurostat data, in 2013 Spain had one of the rates of young people aged between 15 and 25 who neither study nor work higher in the European Union, six points above the average and only behind Bulgaria, Italy, Greece and Cyprus.

The European Council determined that Member States with access to the Youth Employment Initiative funds should submit a National Youth Guarantee Implementation Plan by the end of 2013. In response to this mandate, the Government of Spain sent to the European Commission in December 2013 the National Plan for the Implementation of the Youth Guarantee in Spain, which establishes the framework necessary for this implementation and responds to the guidelines contained in the Recommendation of the European Council of 22 April 2013 on the establishment of the Guarantee. The guidelines include attention to the gender and diversity of young people covered by the Guarantee, as well as adaptation to national, regional and local circumstances.

In the development of this System, the new financial framework 2014-2020 of the Structural and Investment Funds of the European Union has been taken into account, highlighting the making available of 1,887 million euros for Spain the co-financing of expenditure on direct care for young people who are not employed and who are not studying or training, through the Youth Employment Initiative and the European Social Fund.

Within Chapter I, section 1. establishes the basis of the National Youth Guarantee System.

Section 2, which relates to the National Youth Guarantee System, establishes the most specific aspects of the registration of the National Youth Guarantee System file, as well as the attention that will be given to the users that access the same.

The registration procedure has been established in a telematic way in the light of the results of the Youth Report in Spain 2012 carried out by the Spanish Youth Institute. This report reveals that the collective of young people over the age of 15 and under 30 are highly familiar with the use and use of the Internet and computers or similar devices.

Within the procurement support measures contained in Section 3, it is worth mentioning the establishment of a monthly allowance in the business contribution to the Social Security contribution for an amount of 300 for a maximum of six months, for the indefinite recruitment of persons receiving the National Youth Guarantee System, as well as the amendment of Law 11/2013, of 26 July, of measures to support the entrepreneur and encouraging growth and job creation, in order to include such a group of young people in certain incentives for the procurement provided for in this standard.

This measure will be compatible with other incentives provided that the monthly amount to be listed by the company or the self-employed person is not negative. This allows for compatibility with the flat rate, provided that the requirements of both incentives are met. Therefore, depending on the contribution made by the employee, it is possible that during the first six months, the company will not have a cost of listing, and even if the application of both incentives entails a surplus to the company or self-employed person who has contracted, such surplus may be excluded from the final business contribution resulting from the monthly settlement in which the worker is included, provided that the latter is not negative.

Together with the one provided for in the previous paragraph, new measures are envisaged for the promotion of the use of the training contracts provided for in Article 11 of the recast of the Law of the Workers ' Statute, when they are concluded with persons benefiting from the National Youth Guarantee System. Thus, in respect of the contract in practice, an additional bonus is established up to 100% incentive in the company's contributions to the Social Security for common contingencies, whereas in the case of the contract for the Training and learning is expected to be able to raise the maximum level of bonuses inherent in training activity through the modification of its rules. In addition, the commitment to make progress in the articulation of the mechanisms to encourage companies to carry out the training and learning contract, through the compensation of the costs inherent in the official training, is included. the derivatives of the necessary tutoring of the worker. The aim is to give a boost to the contract for training which allows for official training and work experience, making it particularly suitable for the subjects to whom the Youth Guarantee is intended.

Therefore, not only will the contribution of the contract worker be subsidised through this modality, but the training costs assumed by a company that is committed to hiring a worker will be adequately compensated. training or with little training and experience. Hence, for the case of workers enrolled in the Youth Guarantee, new incentives will be introduced.

Since the training contract already has a powerful reduction applicable to the contribution of the contract worker, these new incentives for training concepts can be applied to reduce, also, the of other workers who have contracted the company.

Chapter II amends Law 56/2003 of 16 December 2003 on Employment to adapt it to the new model of active employment policies and the Spanish Employment Strategy.

At the LV Sectoral Conference on Employment and Labour Affairs, held on 11 April 2013, the Autonomous Communities and the Ministry of Employment and Social Security agreed on the lines of action to be followed by policies. active employment in Spain from 2013 onwards, and which have already been taken into account for the preparation of the Annual Employment Policy Plans of 2013 and 2014.

The change in the model of active employment policies means transit from a model of financing and articulated management around legal instruments designed for centrally established programs, to a new model, in accordance with the powers of the Autonomous Communities, within the framework of the necessary guarantee of the Market Unit and whose financing, implementation, monitoring and evaluation are geared towards the achievement of certain objectives, Previously established priority guidelines and priorities for action.

In line with this new model, a new Spanish Employment Strategy for the 2014-2016 period is being developed in close cooperation with the Autonomous Communities and the social partners. requires the amendment of Law 56/2003, of 16 December, of Employment, basically, in three respects.

First, it is necessary to carry out the reorganization and systematization of active policy actions. Secondly, it is necessary to change the terminology of the "measures" and "actions" of active policies, distinguishing now between "services" and "programs". And, finally, it gives form and content to the Common Portfolio of Services of the National System of Employment contained in the Law, but not developed.

Chapter III amends Law 14/1994 of 1 June, which regulates temporary work companies, in order to adapt it to the principles of Law 20/2013 of 9 December, which provides for the guarantee of the market unit, which establishes as a basic principle the national effectiveness of the authorizations, therefore it is necessary to delete in the legislation that regulates the activity of the temporary enterprises all limitation in respect to the territorial scope of action or any requirement for extension of authorisations. The system of authorisation is maintained as it is justified on grounds of public policy relating to the fight against fraud, as a guarantee of the rights of workers and of the social security system. While the scheme is simplified, so once granted, the authorisation remains in place for as long as the company complies with the legal requirements, without the need for any extensions or renewals of any kind.

On the other hand, given that the temporary work companies have been revealed as a powerful dynamic agent of the labour market, the activities that they will be able to develop are expanded, adding the training activities for the professional qualification and consulting and human resources advice.

Chapter III also amends Law 56/2003, of 16 December, of Employment, to adapt the regulatory regulations of the agencies of placement to the Law 20/2013, of December 9, of guarantee of the market unit, proceeding the deletion of the prior administrative authorisation for the exercise of the activity as a placement agency by replacing it with a responsible declaration, which shall be valid throughout the national territory from the time of its submission.

Finally, other specific changes are introduced in the recast text of the Law of the Workers ' Statute, approved by the Royal Legislative Decree 1/1995 of 24 March, as in the recast text of the Law on Violations and Sanctions in the Social Order, approved by the Royal Legislative Decree 5/2000 of 4 August, which are necessary to ensure the coherence of the regulation.

Within Chapter IV, it extends to the worker or worker partners of cooperatives, as well as to those who are employed as workers ' partners of the labour companies, the reductions in business contributions For the purposes of common social security contingencies for indefinite recruitment provided for in Royal Decree-Law 3/2014 of 28 February, urgent measures for the promotion of employment and indefinite recruitment. A mandate to the Government is also included to ensure that the incentives for self-employment in the field of employment and social security are reordained.

IX

This Law incorporates measures to stimulate economic activity and to alleviate the effects of the crisis.

In relation to the Income Tax of the Physical Persons three modifications are introduced.

First, with effect from 1 January 2014 and previous non-prescribed exercises, for reasons of equity and social cohesion, the assets gain that could be evidenced as a result of the a payment or a foreclosure procedure that affects the taxpayer's habitual housing.

In addition, with effect from 1 January 2014, the compensation of negative income from the base of savings arising from subordinated debt or preference shares, or from securities received in exchange for these, is permitted. instruments, generated prior to 1 January 2015, with other positive income included in the savings base, or in the general basis from the transfer of assets.

On the other hand, in order for taxpayers with lower income to carry out professional activities to be able to have more liquidity immediately, a reduced rate of retention is established-15 percent. In the previous year, the total income derived from these activities obtained by the taxpayer would have been less than 15,000 euros, provided that these yields represent more than 75 percent of the total of their full income from economic activities and work.

In line with the approved measure for the Income Tax of the Physical Persons, it is introduced, with effect from January 1, 2014, as well as for the taxable facts prior to that date not prescribed, an exemption in The Tax on the Increase in the Value of Urban Nature Grounds for natural persons who transmit their habitual dwelling by payment or as a result of a foreclosure procedure.

In addition, the Law 16/2012 of 27 December, which adopted various tax measures aimed at the consolidation of public finances and the promotion of economic activity, is amended. Deposits in the Credit Entities.

The approval of autonomous taxes after the beginning of the legislative process of the precept by which the Tax on the Deposits in the Credit Entities was created, makes this modification necessary the purpose of ensuring a harmonised taxation of deposits made up of credit institutions throughout the Spanish territory. To this end, a levy rate of 0,03% shall be established with effect from 1 January 2014, the collection of which shall be to the Autonomous Communities where they radiate the head office or the branches of the taxpayers in which they are located. maintain the funds of third parties. In addition, technical improvements are introduced in the configuration of the tax base.

X

The additional provisions provide for a series of measures complementary to the regulation of the articles.

By Judgment 38/2014 of 11 March 2014, of the Constitutional Court, the unconstitutionality and the nullity of the Additional Disposition 15th, point (c) of the Law of 23 December, of 23 December 2014, have been declared invalid. General of the State for the year 2009, for violation of article 134.2 of the Spanish Constitution, for not constituting its own content matter of a law of budgets.

The annulled precept added a paragraph 7 (b) of the fourth transitional provision of Law 39/2007 of 19 November of the military career, establishing an equivalence of military training with the system. University education. In particular, those who, by reason of the military training they had received, had already been recognised by the previous legislation as equivalent to a first-cycle university degree, that is to say those belonging to the previous officers of the general and specialist bodies, would obtain a degree of training equal to a degree of university degree when, after overcoming the course of adaptation provided for in the said transitional provision fourth of the Law 39/2007, will be effectively incorporated into the new officer scale by this one created.

In the face of the previous situation, Law 39/2007 provides, in effect, a single scale of officers for the general corps of the Army of the Earth, the Navy and the Air Force, as well as for the Marine Corps, and changes the education system. The incorporation at the level of officers now requires that, on the one hand, the general and specific military training must have been completed and, on the other hand, a degree of university degree in the general education system, to which the University system of defense centers.

The incorporation, on a voluntary basis, of the new scale of officers of Law 39/2007 from the previous scales of officers of the general and specialist bodies, in accordance with the procedure laid down in the This transitional provision, fourth of Law 39/2007, will enable the latter to move up to jobs previously reserved for the higher level of officers, which was justified at the time when they were recognised as having an academic equivalence with the university degree.

On the other hand, the Constitutional Court's cited judgment 38/2014 specifies the specific scope to be attributed to the declaration of unconstitutionality and nullity contained in the judgment, stating that it must not affect those legal situations which, at the time of publication of the judgment, are firm and have had an effect, because they have taken place on the new scale.

At this time there are more than a hundred officers who are pending the completion of the adaptation courses which, according to the transitional provision of Law 39/2007, constitute a prerequisite for the incorporation into the new scale of officers. The declaration of unconstitutionality and consequent annulment of the legal precept that made it possible for them to obtain, at the moment of effective incorporation of this new scale, the aforementioned equivalence to the title of a higher graduate, would then put the those officers in a situation of unjustified inequality with respect to components of their same scale as if they have recognised such equivalence.

Consequently, it is necessary that in Law 39/2007 of 19 November of the military career, a new paragraph is added to paragraph 7 (b) of the fourth transitional provision, in terms practically identical to those of the of the precept annulled by the Constitutional Court. It is only necessary to introduce in that text an addition in the description of the assumption of the fact of the rule, in order to take account of the particular situation of those who have completed the course of adaptation on the dates between the Publication of the cited judgment 38/2014, of the Constitutional Court (in the BOE No. 87, of 10 April 2014), and the entry into force of this Law.

The Armed Forces require, for the fulfillment of the missions that they are constitutionally assigned, and to ensure the necessary level of operability of their units, minimum numbers, below which it would be necessary. difficult to achieve these objectives.

In order to obtain these minimum numbers with an adequate distribution over time, which will guarantee the operation of the units, an annual access to the various scales of officers and non-commissioned officers is required. determined and significantly constant.

The application reiterated in the last few years of the limitation of the rate of replacement, in the provision of places for the direct entry of officers and non-commissioned officers, has resulted in an important decrease in the access to such scales, whose accumulation in time has negative consequences for the coverage of the military personnel templates of the Armed Forces, especially in the lower jobs of each scale.

This situation is aggravated in the official scales by the complexity and duration of the training period prior to access to them, in which it is required not only to exceed the studies corresponding to their future functions as a career military, but also obtaining a degree of university degree. This complexity implies that the degree of abandonment by the applicants exceeds that which, on average, occurs in the period of study for obtaining the said degree degree in the various universities, so the number of those who, at the end of the training period, access the status of a career military officer is far less than the one who has, at the time, entered the military training centres.

With the strict application of the basic criteria established for the calculation of the replacement rate in Law 22/2013, of 23 December, of General State Budgets for the year 2014, a figure is obtained Insufficient if the objectives assigned to the Armed Forces are adequately met.

This Law includes the seats authorized to the Armed Forces by the State General Budget Law for the year 2014 in its Article 21, with the ordinary replacement rate of 10 by the way, for direct income, access to a Permanent services, volunteer reservists and access to the upper scale of Civil Guard officers, as well as the entrance for promotion and internal promotion, and also includes an additional offer of 200 places for the form of direct income at the official scales, which comes to guarantee the resources Precise human rights for the operation of the Armed Forces.

In addition, the programming, both of military education and, where appropriate, of the correlative university teaching of grade in the university centers of defense, determines that the approval of the offer of the corresponding This is a matter of urgency, since the immediate non-approval of this extraordinary offer of seats in the Armed Forces will entail the consequent delay in the development of the selective processes, as well as in the appointment as students from those who overcome the same, which would have a very negative impact on the programming prepared in order to give due respect to the requirements of the different curricula.

The celebration of " 120 years of the First Picasso Exhibition. A Coruña, February-May 2015 " was declared an event of exceptional public interest for the additional 50th-eighth provision of Law 22/2013, of 23 December, of General State Budgets for the year 2014.

The celebration commemorates the first show that the young Malagueño painter performed in A Coruña, when his family moved to live in this city.

The Inter-Administrative Commission of the event has reported that the program of support to this event has not been able to be put in place by restrictions of brand imposed by the entity "Picasso Administration", holder of the Picasso brand, so it is not possible to address the campaign of sponsorships and patronage using this brand.

"Picasso Administration" if you have expressly authorized the name and logo of "A Coruña 2015-120 years later", which can therefore be used by the sponsors of the event.

The change in the name of the event of exceptional public interest will allow the launch of its support programme, making it possible to make financial resources available from sponsorships, in order to facilitate the conclusion, pursuant to Article 27 of Law 49/2002, of 23 December, of a tax regime of non-profit entities and of tax incentives for patronage.

Since the celebration program begins in September 2014, the change of denomination is urgent, in order to be able to launch the program to support this event of exceptional public interest.

Also, through this Law, the formalization of the advances made in 2013 to pay for the contributions to the European Union for the use of Bute National Income (GNI) and pending of the apply as of 31 December 2013.

In the financial year 2013, payments made to the European Union, resulting from the approval of several amending budgets for the use of Bute National Income (GNI), have been pending for the financial year 2013. EUR 30,311,369.51.

By having these advances the consideration of obligations of previous exercises require for their formalization, in application of the provisions of Article 34 (4) of Law 47/2003, of November 26, General Budget, a rule with a range of law.

During the drafting process of the new Rail Traffic Regulation, the European Agency has expressed the need for Spain to reduce the detail of the new Regulation and to basically remain as a general framework. which does not specifically regulate aspects of the movement which had been included. To this end, it is considered necessary to issue Recommendations or Technical Specifications, which can be adopted by administrators and companies. For this reason, it is considered necessary to enable the Responsible Security Authority to issue such recommendations. To this end, it is necessary to amend Law 39/2003 of 17 November of the Railway Sector.

The Lorca earthquake that occurred on 11 May 2011 caused considerable personal and material damage and its disruptive effects were projected in all areas of activity in the municipality, constituting a drag on the recovery and development of the social and economic fabric of Lorca.

The Royal Decree-Law 11/2012, of March 30, of measures to expedite the payment of aid to those affected by the earthquake, to rebuild the demolished buildings and to promote the economic activity of Lorca, an instrument payment procedure to the beneficiaries of the aid provided for in Royal Decree-Law 6/2011 of 13 May, and in Royal Decree-Law 17/2011 of 31 October, by means of the payment by the financial institutions based in Lorca, prior to the agreement with the Institute of Official Credit.

In this way, the Official Credit Institute initially provides the financial resources needed to pay for the payment of the aid to the beneficiaries.

By this amendment of Royal Decree-Law 11/2012, the necessary legal qualification is introduced for the Institute of Official Credit to extend, with the agreement of the Government Delegation for Economic Affairs. the object of the credit including the implementation of reconstruction and extension of municipal infrastructure. This is intended to advance the modernization of infrastructures that contribute to the promotion of the economic activity of the municipality and improve communications and evacuation in emergency situations.

Law 20/2011, of July 21, of the Civil Registry, has brought about a substantial change in the organization and functioning of the Civil Registry, adopting a model that is more consistent with the values of the Constitution of 1978 and the reality of the of the Spanish company.

Under this modernizing perspective, the Law had an impact on two essential organizational aspects: on the one hand it strongly supported the use of new technologies, setting up a single database, accessible electronically and, the structure and territorial distribution of the registry offices were radically modified.

Although many of the advances and improvements introduced by the Law 20/2011 of 21 July, pending its entry into force, the dilated period of "vacatio legis" previewed in it has allowed to reveal some shortcomings that advise their partial revision, delving into those same elements that inspired and profiling some concrete aspect of it, without giving up essential principles of the Civil Registry as is the free character of the benefit of the public service of the same, both for the citizens and for the Public Administrations.

Deepening the modification of the organizational model, as well as the changes that are necessary in the competition for the conduct of the Civil Registry referred to in the next paragraph, make the extension of the period for the entry into force of the rule for the time required to ensure the proper functioning of the new system.

The competition for the conduct of the Civil Registry is attributed to the Registrars who hold the offices of the Commercial Registry, in their capacity as public officials, as clearly resulting from article 274 of the Mortgage Law; specialized officials with a proven and successful experience in people's records even when they are legal, so that those offices acquire the status of Civil and Commercial Registry Offices. This attribution is carried out in the execution of the effective dejudicialization of the Civil Registry already enshrined in the current Law, in order to achieve an increase of the organizational, management and scale economies, as well as greater efficiency and speed in the operation of the civil registration system.

Special importance also has the definition of the computer system that should support the Civil Registry and its security level. For this reason, the State of the information systems and applications that serve the Civil Registry are established and entrusted to a means of the Administration, or another administrative unit to be determined by the Ministry of Justice. as regards the preparation of the specifications and technical requirements necessary for the system to be able to meet the security requirements, as well as for the procurement of the specifications; for this procurement and for the payment of the system creates a Public Law Corporation to which the Commercial Registrars must belong whose duties are affected by the coverage of the operating costs of the offices where the public service is provided, as provided for in the third provision of Law 8/1989 of 13 April 1989 on Public Fees and Prices.

Finally, certain bonuses in the contribution to social security are provided for by the external curricular practices of university students and vocational training students, who assimilate the status of students to social security. employed persons.

TITLE I

Measures to boost economic activity

CHAPTER I

Financing economic activity

Section 1. th Financing and internationalization of the Spanish company

Article 1. Amendment of Law 66/1997, of December 30, of Fiscal, Administrative and Social Order Measures, to adapt the Fund for Investment Operations in the Foreign of Small and Medium Enterprises (FONSMEs).

Article 115 (1) of Law 66/1997, of December 30, of Fiscal, Administrative and Social Order Measures is amended, which is worded as follows:

" One. A Fund for Investment Operations in the Foreign Office of Small and Medium-sized Enterprises is created to promote the internationalization of the activity of small and medium-sized enterprises and, in general, of the Spanish economy, through temporary, minority and direct holdings in the share capital of Spanish companies for their internationalisation or of companies located abroad and, in general, in the own funds of the companies mentioned above and through any participatory instruments.

The Fund will also be able to take temporary, minority and direct holdings in those vehicles or capital funds expansion with already existing official support or to be established or private investment funds, which encourage the internationalisation of the company or the Spanish economy.

The manager referred to in Article 116 (2) of this Law shall not directly intervene in the operational management of the companies participating in the Fund. Exceptionally, the Minister of Economy and Competitiveness may, on a proposal from the Secretary of State for Trade and after report of the Executive Committee of the Fund, authorize the taking of a majority stake and authorize the management to assume the operational management of the undertaking involved by the Fund if it is deemed necessary for the fulfilment of the purposes of the FONSME. '

Article 2. Program of guarantees of the Institute of Official Credit to favor the financing and internationalization of the Spanish company.

1. In order to encourage the support of Multilateral Organizations and International Financial Institutions to Spanish companies in their financing and in their processes of internationalization, the Official Credit Institute will launch a program guarantees and guarantees in favour of the aforementioned bodies and institutions, for a maximum amount of EUR 1.2 billion and a duration of one year from the entry into force of this Law.

The amount of guarantees and guarantees granted by the Instituto de Crédito Oficial in the financial year 2014 under this Program will be computed from the limit of authorized credit operations of 18 billion euros. recognised to the Official Credit Institute in Annex III to Law 22/2013 of 23 December 2013 on State General Budgets for the year 2014.

2. Annually, the Government's Delegate Committee for Economic Affairs, on a proposal from the Minister of Economy and Competitiveness, will examine the advisability of maintaining the Program and will decide on its cancellation or renewal, setting in the latter case the maximum amount to be granted. The annual amount of guarantees and guarantees granted by the Institute of Official Credit under this Program shall be charged to the limit of credit operations authorized to the Institute of Official Credit for the respective year.

3. The guarantees and guarantees granted by the Instituto de Crédito Oficial in the framework of this Program will enjoy against third parties of the State guarantee. This guarantee has the explicit, irrevocable, unconditional and direct character.

4. On a six-monthly basis, the ICO shall inform the General Secretariat of the Treasury and Financial Policy on the progress of the Programme, the new operations carried out and the outstanding balance of guarantees granted in the area of the Programme.

Section 2. th Loans to local entities by the fund for financing payments to suppliers

Article 3. Cancellation of loan operations formalized by local entities with the Fund for Financing of Payments to Suppliers.

1. By way of exception to the provisions of the final Disposition of the first 30th of Law 17/2012, of December 27, of the General Budget of the State for the year 2013, during the year 2014 the local entities will be able to arrange new operations of debt to partially or fully cancel its outstanding debt to the Fund for the Financing of Payments to Suppliers provided that all of the following requirements are met:

(a) The new borrowing operation to subscribe has, at most, the same depreciation period for the complete cancellation of the credit operations that the Local Entity has subscribed to with that Fund. The adjustment plans approved and which made it possible to formalise the operations which are cancelled will remain in force until the total depreciation of the new borrowing operation, without prejudice to the provisions of paragraphs 4 and 5 of the this article.

b) With the new borrowing operation there will be a reduction in the financial burden resulting in financial savings.

(c) This debt transaction may not incorporate the guarantee of participation in state taxes, nor may credit institutions that have such new operations be subrogated to the rights that correspond to the Fund for Financing of Payments to Suppliers.

(d) This transaction shall be used in full to the total or partial early repayment of loans formalised with the Fund for the Financing of Payments to Suppliers, in compliance with the requirements and conditions established in the contracts entered into by the local authorities with that Fund.

2. For the formalisation of the new borrowing operations mentioned, it will be necessary to request authorization from the Ministry of Finance and Public Administrations.

For these purposes, the following documentation will be attached:

(a) The agreement of the competent body of the local corporation, with the requirements of quorum and votes laid down in Law 7/1985, of 2 April, regulating the Bases of the Local Regime.

(b) The report of the financial controller of the local entity certifying the annual financial savings that will occur as a result of the subscription of the new borrowing operation.

3. If the average period of payment to suppliers, calculated by the local authority in accordance with the basic methodology established, exceeds the maximum period laid down in the rules on late payment, the financial savings generated as a result of the the subscription of the new authorized borrowing operation must be used to reduce its commercial debt and, consequently, the average period of payment to suppliers, this being one of the measures which, if necessary, will have to include in the cash flow referred to in the Organic Law 2/2012 of 27 April 2012 on budgetary stability and Financial Sustainability.

4. If the local entity has complied in the financial year 2013 with the debt limit set out in Articles 51 and 53 of the Recast Text of the Local Government Regulatory Law, approved by Royal Legislative Decree 2/2004 of 5 March, with the objective of budgetary stability and with the expenditure rule, and its average period of payment to suppliers, calculated by the local entity in accordance with the basic methodology established, does not exceed the maximum period laid down in the rules on the The new operation may be formalised. If the local entity completely cancels the loans formalized with the Fund for Financing of the Payments to Suppliers, the approved adjustment plan will remain without effect and that will enable its concertation. If such loans are not fully cancelled, the adjustment plans shall remain in force and the procedure for monitoring their implementation to which they are subject.

5. If the local institution has not complied with any of the limits or rules referred to in paragraph 4 in 2013, it may formalise the new borrowing operation, but the approved adjustment plan shall remain in force even if it is completely cancel the loans formalized with the Fund for the Financing of Payments to Suppliers.

6. Without prejudice to the provisions of paragraphs 4 and 5 above, if the local institution has in the financial year 2013 net negative savings or indebtedness of more than 75% of its current income settled in the immediate financial year The local entity, by agreement of its plenary session, must approve a plan of the State General Budget for the year 2013, in the terms defined in the 31st final Disposition of Law 17/2012 of December 27, of the General Budget of the State for the year 2013. financial consolidation or debt reduction to correct, within a maximum period of five years, the sign of savings or the volume of debt, respectively. As regards the latter, it must be corrected up to the limit referred to above, in the case where that volume is between that percentage and that laid down in Article 53 of the recast of the Law on the Local, approved by Royal Legislative Decree 2/2004, of 5 March. In the remaining cases of excessive indebtedness, the debt reduction plan shall correct the level of debt, as a maximum, to the percentage set out in the last precept cited.

The above plans shall be communicated to the Ministry of Finance and Public Administrations, together with the application for authorisation referred to in paragraph 2 of this Article.

The local entity will have to issue an annual report on compliance with these plans, and submit it to the local corporation's plenary for its knowledge, and must also forward it to the Ministry of Finance and Public Administrations.

In the event of a failure to comply with these plans, the local entity will not be able to arrange long-term borrowing operations to finance any investment modality. In addition, the Ministry of Finance and Public Administrations will be able to propose extraordinary measures to be taken by the affected local authorities. In the event that such measures are not taken, the enforcement and enforcement measures laid down in Articles 25 and 26 of the Organic Law 2/2012 of 27 April 2012 on budgetary stability and sustainability may be implemented. Financial.

7. The new borrowing operation to be subscribed, in accordance with the provisions of the preceding paragraphs, within 30 days of the date of its formalisation, shall be communicated to the Ministry of Finance and Public Administrations. the provisions of Article 55 of the recast text of the Local Government Law, approved by the Royal Legislative Decree of 5 March, and in Article 17 of Order HAP/2105/2012 of 1 October 2012, for which the develop the obligations for the provision of information provided for in the Organic Law 2/2012 of 27 April 2012, Budgetary Stability and Financial Sustainability.

CHAPTER II

Retail trade and market unit

Article 4. Declaration of areas of great tourist influx in the municipalities that would meet in 2013 the requirements of article 5.5 of Law 1/2004, of 21 December, of Commercial Horarios, in the wording given by article 7.2 of this Law.

For the purposes of Article 5.5 of Law 1/2004, of 21 December, of Commercial Horarios, in the wording given by article 7.2 of this Law, they are municipalities that at the entry into force of the Royal Decree-Law 8/2014, of 4 July, meet the criteria laid down for the declaration of a large tourist influx area, as described in Annex I.

If, within six months of the entry into force of Royal Decree-Law 8/2014 of 4 July 2014, the competent Autonomous Communities have not declared any area of large tourist affluence in the municipalities collected In Annex I, it shall be understood as such that the whole of the municipality and the traders shall be free to open their establishments throughout the year.

Article 5. Declaration of areas with a large tourist influx of the 11th Royal Decree-Law No 20/2012 of 13 July 2012 on measures to ensure budgetary stability and the promotion of competitiveness.

If, within two months of the entry into force of Royal Decree-Law 8/2014 of 4 July 2014, the competent Autonomous Communities have not declared at least one area of high tourist affluence in the municipalities that they meet. the terms laid down by the 11th Additional Provision of Royal Decree-Law 20/2012 of 13 July 2012 on measures to ensure budgetary stability and to promote competitiveness, shall be considered as such the whole of the municipality and the traders will have full freedom for the opening of their establishments during all year.

Article 6. Amendment of Law 7/1996, of 15 January, on the Management of Retail Trade.

Article 6 of Law 7/1996, of 15 January, on the Management of Retail Trade is amended, which is worded as follows:

" Article 6. Opening, transfer or extension of commercial establishments.

1. In general, the opening, transfer or extension of commercial establishments shall not be subject to authorisation.

2. Notwithstanding the foregoing, the opening, transfer or extension of commercial establishments may be subject to a single authorization which shall be granted for an indefinite period when the physical facilities or infrastructure necessary for the exercise of the activity is likely to cause damage to the environment, the urban environment and the historical-artistic heritage, and these reasons cannot be safeguarded by the presentation of a responsible declaration or prior communication. The authorisation scheme shall be sufficiently motivated by the law establishing such a scheme.

3. Authorisations or declarations responsible for the opening or extension of the establishment shall not include requirements which are not specifically linked to the installation or infrastructure and shall be justified on imperative grounds of general interest.

In any event, the requirements must be non-discriminatory, proportionate, clear and unambiguous, objective, public events in advance, predictable, transparent, accessible, and will only meet criteria based on the reasons set out in paragraph 2.

4. In no event, requirements of an economic nature may be laid down, inter alia, those which make the granting of authorization conditional on proof of the existence of an economic necessity or of a market demand or an excess of the commercial offer, to assess the economic, possible or actual effects of the activity or to make an assessment of whether the activity complies with the economic programming objectives set by the competent authority, or those which may be directly or indirectly directed towards the defence of a particular economic or business model within the sector. The intervention of competitors shall also be prohibited in the authorisation procedures laid down in their case for the installation of commercial establishments.

The administrative intervention schemes will be in line with the provisions of Law 17/2009 of 23 November on the free access to services activities and their financial year and to the Law 20/2013 of 9 December 2007 on the market unit. In particular, they may not contain prohibited requirements of Article 10 of Law 17/2009 of 23 November, or actions limiting the freedom of establishment and the freedom of movement of Article 18 of Law 20/2013 of 9 December.

5. The granting of the authorisations referred to in the preceding paragraphs shall be the responsibility of the competent territorial administration. The administrative procedure shall complete all the formalities necessary for the opening, transfer or extension of commercial establishments. Applications submitted shall be settled and notified to the person concerned within a maximum period of three months, after which the application shall be deemed to be an application for administrative silence.

Authorizations may be transmitted to third parties upon communication to the granting administration. "

Article 7. Amendment of Law 1/2004, of 21 December, of Commercial Horarios.

Law 1/2004, of 21 December, of Commercial Horarios, is amended as follows:

One. Two new final paragraphs are added to Article 5 (4) with the following wording:

" In the cases where the circumstances listed are present and the proposal for a declaration of a large tourist influx zone made by the City Council concerned contains a limitation of a temporary nature or The proposal for a Directive on the approximation of the rules of the European Parliament and of the Council of the European Parliament and of the Council of the European Parliament Where the Autonomous Community considers that this restriction is not sufficiently justified, the entire municipality shall be declared a large tourist area all year round.

If within a period of time determined by its legislation or, failing that, within six months, the competent Autonomous Community does not resolve the request of the City Council concerned, it shall be deemed to be a zone of great affluence. The proposal by the City Council. "

Two. Article 5 (5) is amended as follows:

" 5. In any case, in the municipalities with more than 100,000 inhabitants who have registered more than 600,000 overnight stays in the year immediately before or who have ports in which they operate tourist cruises that they have received in the immediate year More than 400,000 passengers, at least one area of high tourist affluence shall be declared in accordance with the criteria laid down in the previous paragraph. To obtain these statistical data, the publications of the National Institute of Statistics and Ports of the State will be considered sources.

If within six months of the publication of these data, the competent Autonomous Communities would not have declared a zone of great tourist affluence in the municipality in which the circumstances are present. referred to in the preceding paragraph, it shall be understood as such that the whole of the municipality and the traders shall be free to open their establishments throughout the year. '

Article 8. Amendment of Law 55/2007, of December 28, of the Cinema.

Law 55/2007, of December 28, of the Cinema, is amended as follows:

One. Article 7 is worded as follows:

" Article 7. Administrative Registry of Film and Audiovisual Companies.

1. The Administrative Registry of Film and Audiovisual Companies is a register managed by the Institute of Cinematography and Audiovisual Arts, in which they will be registered:

(a) The holders of the cinema exhibition halls, whether or not they have a business form, in accordance with the communication of Article 15.1.

(b) Natural or legal persons holding companies established in Spain which carry out activities related to cinematographic and audiovisual activity and who request one of the measures referred to therein Law.

2. The entries shall be made on their own initiative by the Institute of Cinematography and the Audiovisual Arts in the relevant section of activity, in terms to be determined by regulation.

3. The Register shall be published and its access shall be governed by the provisions of Article 37 of Law No 30/1992 of 26 November 1992 and the rules governing it, which shall also determine its operation, structure and, where appropriate, the advertising of the data in question. the collection.

4. The registration of a company in the register of cinematographic and audiovisual companies of a Autonomous Community that has established it, will entail its registration in the corresponding activity section of the Registry of the Institute of the Cinematography and the Audiovisual Arts.

5. They may also be registered in the section of activity corresponding to, upon request, natural or legal persons holding companies established in Spain which carry out activities related to the activity of film and audiovisual which, without having requested any of the measures referred to in this Law, need to prove in any proceedings before any Public Administration its registration, and such Administration does not have registration of companies Cinematographic and audiovisual itself. "

Two. Article 11 (1) is deleted and paragraph 2 is maintained as the only paragraph without numbering.

Three. Article 12 is worded as follows:

" Article 12. Certificate of Spanish nationality for a cinematographic or audiovisual work.

The certificate of Spanish nationality of a film or other audiovisual work not intended for commercial exploitation in exhibition rooms shall be issued by the Institute of Cinematography and the Arts Audiovisual or by the Autonomous Community as appropriate, after having been found to meet the conditions laid down in Article 5. "

Four. Article 14 (1) is deleted and paragraph 2 is maintained as the only paragraph without numbering.

Five. Article 15 (1) and (4) are worded as follows:

" 1. The holders of the cinematographic exhibition halls, before commencing their activities, shall direct the Institute of Cinematography and the Audiovisual Arts or the corresponding organ of the Autonomous Community which has established their registration. of cinematographic and audiovisual companies of its own, a communication with the relation of all the exhibition rooms that it exploits. This communication, the content of which shall be determined in accordance with the rules, shall be established for the purpose of verifying compliance with the procedures laid down for the control of assistance and declaration of performance referred to in the Article the following, as well as the control of the screen-share obligation set out in Article 18. "

" 4. In terms to be determined by regulation, public administrations which carry out free or symbolic price projections shall not include in their programming films of less than 12 months ' age from their own the opening of exhibition rooms, except in cases where, from the representative bodies of the film exhibitors and the videographic sector, it is communicated to those authorities that there is no harm to their commercial activity. '

Six. Article 39.3 (d) is amended as follows:

"(d) Failure to comply with the communication obligation referred to in Article 15.1, as well as the inaccuracy or untruth in the data provided."

CHAPTER III

Exchange rate limits on card payment operations

Article 9. Object and scope of application.

1. The purpose of this Chapter is to regulate the maximum limits of the exchange rates payable in the payment transactions carried out at point of sale terminals located in Spain, by means of debit or credit card, regardless of of the marketing channel used, provided that the competition of payment service providers established in Spain is required.

2. Article 11 shall not apply to transactions carried out by means of business cards or to withdrawals of cash at ATMs. In addition, three-party payment card schemes are excluded from that article except in cases where they grant licences to other payment service providers for the issue or purchase of payment cards.

Article 11 will also not apply to transactions carried out with cards which can only be used in a limited network, designed to meet precise needs by means of payment instruments whose use is limited, or because they allow the holder to acquire goods or services only at the premises of the issuer, within a limited network of service providers directly linked by a commercial agreement with a professional issuer; or because they can only be used to acquire a limited range of goods or services.

Article 10. Definitions.

1. For the purposes of this Chapter,

following shall be considered:

(a) "Exchange rate" means any commission or remuneration paid, directly or indirectly, for each transaction made between the payment service providers of the payer and the payee involved in a payment transaction by card.

(b) "Discount rate" means any commission or remuneration paid by the beneficiary of the payment transaction to his payment service provider for each transaction made by card composed of the exchange rate, the commission processing and the payment system and the margin of the acquirer.

(c) 'Debit card' means a payment instrument issued by a payment service provider as defined in Article 2 (9) of Law 16/2009 of 13 November of payment services for the purpose of allowing the payment service provider to purchase goods or services from affiliated undertakings or establishments and the use of which implies the immediate provision of the balance in the payment account associated with it for subsequent transfer to the beneficiary, as such as the prepaid cards that correspond to the definition contained in article 1.2 of Law 21/2011, July 26, Electronic Money.

(d) "Credit Card" means a payment instrument issued by a payment service provider as defined in Article 2 (9) of Law 16/2009 of 13 November of payment services and by which the issuing institution makes a credit line available to the holder of the same credit line.

e) "Business Card": Any payment card issued to companies or public sector entities, whose use is restricted to the professional expenses of their employees, or any card issued to natural persons who exercise an activity on its own account and whose use is restricted to its professional expenses or those of its employees.

(f) "point of sale terminal" means a device or equipment installed in commercial establishments or undertakings, as well as equivalent computer applications, which enable them to accept the payment of goods and services by means of a debit or credit card.

g) "Payment Card System": A single set of provisions, practices, rules or guidelines underpinning the operation, among the payment service providers attached to it, of the payment transaction made with the cards entered under the flag or mark it supports.

(h) "quadripartite payment card system" means a payment card system in which payments are made from the payment account of a cardholder to the payment account of a payee through the system, the payment service provider of the cardholder (payment card issuer) and the payment service provider of the payee (acquirer).

i) "Tripartite Payment Card System": A payment card system in which payments are made from a payment account whose ownership holds the system on behalf of the cardholder to a payment account whose ownership holds the system on behalf of the payee.

2. In any event, for the concepts not expressly defined in this article, the definitions contained in Article 2 of Law 16/2009 of 13 November of Payment Services shall apply.

Article 11. Maximum limits for interchange fees.

1. In transactions with debit cards, the exchange rate per transaction shall not exceed 0,2% of the value of the transaction, with a maximum of 7 euro cents.

In the case where the amount of the transaction does not exceed EUR 20, the exchange rate per transaction shall not exceed 0,1% of the value of the transaction.

2. In credit card transactions, the exchange rate per transaction shall not exceed 0,3% of the value of the transaction.

In the case where the amount of the transaction does not exceed EUR 20, the exchange rate per transaction shall not exceed 0,2% of the value of the transaction.

3. For the purposes of the application of the limits referred to in the preceding paragraphs, any commission, remuneration or net compensation received by a payment service provider of payment cards with respect to payment transactions or Ancillary activities to the same will be considered part of the exchange rate.

Article 12. Prohibition of the impact of expenses on the payer.

The beneficiaries of the payment transactions in which the exchange rates have been limited in accordance with the provisions of the previous Article, may not require the payer to pay additional fees or charges for the payment of the using the debit or credit card.

Article 13. Reporting obligations to the Banco de España.

1. Payment service providers shall inform the Banco de España of the discount and exchange rates received by the payment services in the case of card transactions.

2. The above information shall be provided in the form and content and periodicity determined by the Banco de España. In any case, the information received shall facilitate the comparison between the payment service providers and adequately reflect the fees charged on the basis of the payment and the payee.

3. This information will be available on the Banco de España website and on the payment service provider's website.

Article 14. Monitoring.

The Ministry of Economy and Competitiveness, within the Electronic Card Payments Observatory, set up by the Council of Ministers ' Agreement of 2 June 2006, will monitor the implementation of the provisions of the this Chapter, and in particular its effects on small-scale transactions. The effect which, on the costs passed on by the payment service providers on trade and on consumers of payment service users, could have the limitation of the exchange rates provided for in this Article shall also be monitored. Chapter, in order to prevent the translation of costs by these routes.

Article 15. Sanctioning regime.

The provisions of Articles 9 to 14 shall be taken into account in the rules of organisation and discipline. Failure to comply will be considered a very serious infringement, unless it is occasional or isolated, in which case it will be sanctioned as a serious infringement, all in accordance with the provisions of Law 10/2014 of 26 June of ordination, supervision and solvency of credit institutions.

TITLE II

Infrastructure and transport

CHAPTER I

Civil Aviation

Section 1. General provisions on airport regulation

Article 16. Purpose and object.

The establishment of the legal framework applicable to the network of airports of general interest of Aena, S.A., is intended to guarantee for reasons of general interest, the mobility of citizens and economic, social and territorial, ensuring the accessibility, adequacy and suitability of the airport infrastructure, the economic sustainability of the airport network, as well as its efficient management, at the lowest possible cost, and the continuity and adequate provision of the basic airport services, in terms of quality, regularity and security, while ensuring the existence of a sufficient infrastructure network for air transport.

With this object, it is regulated:

(a) The obligation to maintain the network of airports of general interest.

(b) the establishment of the quality levels of the service and of the capacity standards of the airport infrastructure integrated into the network, as well as the system of minimum conditions for the service of such infrastructure; the investment regime and the maximum revenue per passenger, which shall recognise only the costs that are efficient, non-discriminatory and objective, through the Airport Regulation Document (DORA).

(c) The procedure for the approval and modification of the amount of airport charges and the conditions of transparency and consultation for their fixation.

(d) Monitoring and monitoring compliance with the provisions of the above paragraphs and the applicable sanctioning regime.

Article 17. Direct management of airports of general interest.

1. Without prejudice to the changes in the management of airports of general interest included in this Law, the State continues to reserve the direct management of airports of general interest. Such management shall include at least:

(a) The regulation and supervision in relation to airport services essential for the management of transit and air transport, as well as services which, not being strictly aeronautical, may have an impact in the case of the airport concerned and which, by the volume of traffic at the airport concerned, are declared essential for their proper functioning.

b) The fixing of minimum services in the event of a strike.

c) The elaboration, approval and follow-up of the Directors Plans.

(d) The regulation, approval and supervision of the Airport Regulation Document or any other document or plan setting out the criteria for the operation of airports of general interest, in particular, relationship with the network of airports managed by Aena, S.A., and the financial economic plans, as well as the establishment of airport charges and prices payable to operators and users.

e) The exercise of sanctioning power.

f) Any other that will attribute the current legislation to you.

The Autonomous Communities may participate in the management of airports of general interest in the form established by the law of the State and, in particular, through the Airport Coordination Committees.

2. The provisions of paragraph 1 shall be without prejudice to the exclusive competence of the State in the field of operational security of airports, heliports and other aerodromes, as well as customs, border control and security.

3. The network of airports of general interest managed by Aena, S.A., is described as being of general interest.

Article 18. Renaming.

1. The state mercantile company "Aena Aeropuertos S.A.", created by virtue of the provisions of article 7 of the Royal Decree-Law 13/2010 of 3 December 2010, of actions in the field of taxation, labour and liberalisation to promote investment and the job creation, becomes known as Aena, S.A.

2. The business public entity Airports Spanish and Air Navigation (Aena), created by Article 82 of Law 4/1990, of June 29, of the General Budget of the State for 1990, happens to be called Enaire.

Enaire will continue to exist with the same nature and legal regime provided for in Article 82 of Law 4/1990, of 29 June, exercising exclusively the powers currently held in the field of air navigation and air space and, in addition, national and international operational coordination of the national air traffic management network and other related uses for the efficient management of airspace taking into account the needs of users and the functions derived from his/her condition of his/her own instrumental and technical service of the General administration of the State and contracting authorities in the field of airports.

Article 19. Definitions in the airport field.

For the purposes of Sections 1. to 4. of this Chapter and its accompanying provisions, it is understood by:

a) Airport, airports and heliports managed by Aena, S.A.

b) Maximum annual per passenger income (IMAP), the maximum annual average level of the average income per passenger set in the Airport Regulation Document (DORA), in accordance with the methodology established in this Law that provides for income Airport services are required to cover the cost of the basic airport services paid through the public assets. In their determination, revenue, expenditure, investments and other items generated by international expansion and development activities shall not be considered in any case.

c) Annual maximum income per adjusted passenger (IMAJ), the result of applying in each financial year to the maximum annual per passenger income (IMAP) established in the Airport Regulation Document (DORA), the corrections derived from the application of the incentives and penalties set out in the Airport Regulation Document (DORA), the compliance factor of 100% of the maximum income per adjusted passenger and the deviations from investments, as provided for in the Section

.

d) Representative associations of users, national and international associations that are integrated by air carriers representing a significant volume of traffic in Spain, as well as the 15 main ones companies by volume of passengers in the network of airports in Aena, S.A., if they are not represented in those and the airlines or other users which, in accordance with the resolutions of the National Commission of the Markets and the Competition, must participate in the transparency and consultation procedure for the preparation of the proposal of the Airport Regulation Document (DORA) and the fixing of airport charges.

In relation to those airports where the freight transport or the users of aircraft of general or sport aviation, aerial work and of historic aircraft have a significant presence, they shall be considered as representative associations of users of national and international associations which are integrated by those operators representing a significant volume of annual traffic at the airport or airports concerned.

The volume of traffic to be taken into account for the purposes set out in this letter shall be that credited in the immediate calendar year prior to the time of the consultation.

Article 20. Competencies, collaboration and funding duty.

1. It is for the Council of Ministers to approve the Airport Regulation Document (DORA) and to authorise the disposal or closure of airport infrastructure and facilities in the network of airports of general interest by equal value or more than EUR 20 million.

2. It is for the Secretary of State for Infrastructure, Transport and Housing to authorise the disposal or closure of airport infrastructure and facilities in the network of airports of general interest of less than EUR 20 million and follow up the Airport Regulation Document (DORA), through the Directorate General of Civil Aviation.

3. The Ministry of Public Works, through the Directorate General of Civil Aviation, will prepare the Document of Airport Regulation (DORA) and will follow the airport management of Aena, S.A., among others, in order to have all the information necessary for the preparation of such a document.

4. It is for the State Aviation Safety Agency to report the Airport Regulation Document (DORA) and its modifications in relation to the provisions of Article 29.1 (a), numbers 2. and 3. (c), (d), numbers 1. to 3. (f), numbers 2. 7. and (i), and monitor compliance with that document in relation to such paragraphs, as well as apply the regime of violations and penalties provided for in Section 4. in the field of their jurisdiction.

5. It is for the National Markets and Competition Commission to report the Airport Regulation Document (DORA) and its amendments, in relation to the provisions of Article 29.1 (b), (d), and (f) to (j), paying attention to the fact that the Proposal for a directive to ensure the sustainability of the network; to monitor the consultation and transparency procedure carried out by Aena, S.A., as provided for in this chapter, to ensure that airport charges are applied in a non-discriminatory manner. (a) discriminatory and to resolve the resources that may be raised by airlines or other users vis-à-vis the decisions by Aena, S.A., on the system or level of airport charges and their modification, and to apply the regime of infringements and penalties provided for by the failure to comply with the obligations imposed in the matters on which it extends their powers.

6. Aena, S.A., is obliged to collaborate in the exercise of these competences by providing the necessary information to the effect.

7. The State Aviation Safety Agency, the National Commission of the Markets and the Competition and the Directorate General of Civil Aviation will finance the activities regulated in this article through the legally established fees. The cost of the fees payable by Aena, S.A., for this purpose will be part of the required regulated income (IRR), as referred to in Annex VIII of this Law.

Section 2. Airport Regulation

Article 21. Service of general economic interest.

The network of airports of general interest managed by Aena, S.A., is configured as a service of general economic interest that guarantees throughout the national territory the mobility of citizens and economic, social and territorial. The network of airports of general interest of Aena, S.A. also guarantees the needs of air transport in the territory of the State.

As a service of general economic interest, in the management of the network of airports of general interest, Aena, S.A., is obliged to ensure in the terms provided for in this Chapter the maintenance of the network, the accessibility, the adequacy and suitability of the airport infrastructure, the economic sustainability of the network, as well as the continuity in the provision of basic airport services of general interest, under appropriate conditions of quality, regularity and security.

Article 22. Guarantees for the maintenance of the network of airports of general interest.

Without prejudice to the obtaining of the authorizations provided for in Article 9.1 of Law 21/2003, of July 7, of Air Safety, for reasons of general interest, Aena, S.A., may not close or dispose of, in whole or in part, any of the airport facilities or infrastructure necessary to maintain the provision of the airport service at any airport in the network of airports of general interest, unless expressly authorised by the Council of Ministers, on the report of the Government Delegation for Economic Affairs (CDGAE) in the case of Airport facilities or infrastructure with a value equal to or greater than EUR 20 million or subject to the authorisation of the Secretary of State for Infrastructure, Transport and Housing for those with a value of less than 20 million euro. In both cases, the report of the National Commission on Markets and Competition will be required.

The procedure may be developed by means of which the possible closure or sale of any of the airport facilities or infrastructure would be implemented. Such regulatory development may also include transfers to the State for capital gains generated during the disposal process.

The sale of the above facilities or infrastructure without such authorisation shall be void in full.

The authorisation provided for in this Article may only be granted where the disposal or closure proposed by Aena, S.A., permits the maintenance of a network of airports of general interest sufficient to guarantee the objectives of expected general interest which, as provided for in this Chapter, is payable to it as a service of general economic interest and does not affect the economic sustainability of the network.

Article 23. Airport Regulation document.

The Airport Regulation Document (DORA) is the basic instrument for defining the minimum conditions necessary to ensure the accessibility, sufficiency and suitability of the airport infrastructure and the appropriate the provision of the basic airport services of the airport network of Aena, S.A., all established for five-year periods.

Article 24. Proposal of Aena, S.A., of Document of Airport Regulation (DORA) and consultations.

1. No later than 1 January of the last financial year to which the applicable Airport Regulation Document (DORA) will apply, Aena, S.A., will have to start a period of consultations with the representative associations of users on its proposal. Airport Regulation Document (DORA) for the next five years.

2. Aena, S.A., will provide representative associations of users with sufficient information to assess their proposed Airport Regulation Document (DORA) for each year of the five-year period, and the expected values of the main variables In the case of the network as a whole, both the network and the individual network, the annual traffic of which is more than five million passengers, as well as any other that could be established by the National Commission of the Markets and Competition in their resolutions. During the consultations with the air carriers and other users of the network, they will provide Aena, S.A., with the information provided for in Section 3 in relation to the transparency and consultation procedure, covering the five-year period covering the document proposal.

The minimum duration of the consultations will be two months, being completed if no observations are received within that period.

Of the proposal of the Document of Airport Regulation (DORA) and the information regarding this proposal will be transferred, for knowledge, to the Directorate General of Civil Aviation and to the National Commission of the Markets and the Competition on the same date as it is referred to representative associations of users.

The information provided by Aena, S.A., and the airlines and other network users within the framework of these consultations on the proposed Airport Regulation Document (DORA), will have the protection provided for in the Article 35 (3) and (4) of this Act.

3. After the end of the period of consultations and at the latest on March 15 of the last financial year to which the Document of Airport Regulation (DORA) will apply, Aena, S.A., will present to the Directorate General of Civil Aviation, a proposal details of each of the elements which, as provided for in this Section 2., are set out in the Airport Regulation Document (DORA). The proposal will be accompanied by the accreditation of the consultation carried out, together with precise information on the outcome of the consultation and the document in which an assessment of the comments submitted in the consultation is carried out, as well as the documentation accrediting the various elements of the proposal.

Aena, S.A., will forward to the National Commission of the Markets and the Competition a copy of the documentation sent to the Directorate General of Civil Aviation for analysis in advance of the issuance of the report provided for in the next article. It will also send a copy of the proposed Airport Regulation Document (DORA) to the Airport Coordination Committees established in the respective Autonomous Communities and Cities with Autonomy Statute.

Article 25. Preparation and proposal for approval of the Airport Regulation Document (DORA).

1. It is up to the Directorate General of Civil Aviation to draw up the Airport Regulation Document (DORA) and to raise it before the competent bodies of the Ministry of Public Works for subsequent approval by the Council of Ministers. Government Delegation for Economic Affairs (CDGAE).

2. If the time limit provided for in the previous article has not been received, the proposal of Aena, S.A., and without prejudice to its submission, the Directorate-General of Civil Aviation will start the process of the procedure, continuing it until its completion, giving a hearing to Aena, S.A., and to representative associations of users.

Expenses arising from the absence of a proposed Airport Regulation Document (DORA) will be on behalf of Aena, S.A.

3. In the procedure for the approval of the Airport Regulation Document (DORA), the Directorate General of Civil Aviation will request, as late on July 1, the report of the National Commission of the Markets and the Competition and the State Aviation Safety Agency in their respective areas of competence. The same procedure will also be used to obtain a report from the Directorate General for Economic Policy of the Ministry of Economy and Competitiveness, in relation to the tariff values. For these purposes, the time limit for the issuance of such reports shall be two months from the date of receipt of the request from the Directorate-General for Civil Aviation.

In addition and without prejudice to the documentation provided by Aena, S.A., together with the proposal for a Document of Airport Regulation (DORA), in order to determine the forecasts of costs, revenues and passengers needed for the The General Directorate of Civil Aviation may require Aena, S.A., all the information it deems necessary, including the last actual audited values of costs and revenues of the operator, as well as the analytical accounting disaggregated by airport from the entry into This Law will have to carry Aena, S.A.

The National Markets and Competition Commission may require unbundled analytical accounting by airport in the performance of the competencies it has attributed to it.

4. In the proposal, the Directorate-General for Civil Aviation should take into account, as part of the regulated revenues required for the new five-year period, the compensation for the lower volume of investments actually made in respect of the referred to in the previous Airport Regulation Document (DORA), the definition and methodology of which is set out in Annex VIII of this Law.

Article 26. Approval of the Airport Regulation Document (DORA).

1. According to the Council of Ministers, prior to the report of the Government Delegation for Economic Affairs (CDGAE), on a proposal from the Ministry of Public Works, the Airport Regulation Document (DORA) will be approved. The Ministry of Public Works, through the Directorate General of Civil Aviation, will collect the reports provided for in paragraph 3 of the previous article.

2. The successive Airport Regulation Documents (DORAs) shall apply for five-year periods, which shall be extended from 1 January of the first year of the five-year period to which they extend their effectiveness, until 31 December of the last year. exercise of that period, without prejudice to the extension provided for in paragraph 3 below.

3. The approval of the successive Airport Regulation Documents (DORA) shall take place no later than 30 September of the last financial year in which the document in force is applicable at the time of its adoption. In another case, the application of the Airport Regulation Document (DORA) shall be extended for an additional year under the same conditions laid down for the previous year, except in relation to the planned investments. According to the Council of Ministers, prior to the report of the Government Delegation for Economic Affairs (CDGAE) and the Economic Policy Directorate General of the Ministry of Economy and Competitiveness, the investments to be made will be approved. be carried out during the extension of the current Airport Regulation Document (DORA). In the fixing of these investments, in their case, the investments planned for the first financial year in the proposal of the Airport Regulation Document (DORA) made by Aena S.A. will be based on the basis of the investments.

The extension provided for in the previous paragraph has not been approved without having been approved by the Council of Ministers for the five-year period, by agreement of the Council of Ministers, prior to the report of the Delegation of the Government for Economic Affairs (CDGAE) and the Ministry of Economy and Competitiveness's Directorate-General for Economic Policy, an Airport Regulation Document (DORA) will be approved.

Article 27. Modification of the Airport Regulation Document (DORA).

1. The Airport Regulation Document (DORA) may be reviewed for exceptional reasons during its lifetime.

For exceptional reasons, any non-attributable to Aena, S.A., which are unforeseeable at the time of the approval of the Airport Regulation Document (DORA), should be understood, provided they have a certain effect and Substantial progress has been made on the financial viability of the Aena, S.A. airport network and, among others, will have this consideration of annual reductions in passenger traffic over the network of more than 10% caused by natural disasters, terrorist acts or war situations.

In non-exceptional circumstances, the traffic risk is from the operator.

2. The procedure for amending the Airport Regulation Document (DORA) may be initiated by the Directorate General of Civil Aviation, where there are reasonable grounds for considering the exceptional circumstances to be met. refers to the previous paragraph or, in another case, at the request of Aena, S.A., after consultation with the representative associations of users, made before the Directorate General of Civil Aviation in which the exceptional causes are specified justify the proposed modification and modifications.

3. The proposal on the modification of the Document of Airport Regulation (DORA) will be prepared by the Directorate General of Civil Aviation, after hearing of Aena S.A. and representative associations of users, as well as previous report of the National Commission of the Markets and Competition and the State Aviation Safety Agency, in their respective areas of competence. The same procedure will also be used to obtain a report from the Directorate General for Economic Policy of the Ministry of Economy and Competitiveness, in relation to the tariff values. It shall be submitted to the competent bodies of the Ministry of Development for approval by means of the Council of Ministers Agreement, following a report by the Government Delegation for Economic Affairs (CDGAE).

After a period of six months after the request for modification of the Airport Regulation Document (DORA) by Aena, S.A., without approval, it should be understood that the requested modification does not proceed.

Article 28. Treatment of confidential information and duty of secrecy.

1. At any time in the proceedings, the data or documents which they consider to be confidential shall be kept secret, either on their own initiative or at the request of a party, in the form of separate parts.

2. Without prejudice to the administrative responsibility laid down in this Chapter and to the criminal or civil liability which may correspond, the violation of the duty of secrecy by public employees shall be deemed to be a disciplinary offence. severe.

Article 29. Content of the Airport Regulation Document (DORA).

1. The Airport Regulation Document (DORA) will establish:

a) Information on the evolution and current situation of the network of airports and general data of Aena, S.A., such as:

1. º strategic lines of Aena, S.A., for the five years.

2. º Evolution and current situation of the airports of Aena, S.A.: Global capacity, quality and conditions of service. Network and synthesis data by airport.

3. The evolution and economic-financial situation of Aena, S.A.: Revenue, expenses and investments. Network data.

b) Detailed airport traffic forecasts for each year of the five-year application of the Airport Regulation Document (DORA), including:

1. The macroeconomic environment foreseen for the five-year period, and in particular the evolution of the main variables affecting traffic.

2. The calculation hynumeracy.

3. Air traffic forecasts for each year of the five-year period (network and airport data), taking into account:

i. According to the type of traffic (passengers, operations and cargo).

ii. According to the market (national, European and international).

c) The infrastructure capacity standards, implemented through a set number of indicators, established for each of the following infrastructures, for each airport and for each year of the five-year period:

1. Field of flights (flight paths, taxiing and platform).

2. Terminals (passengers and cargo).

3. Other airport infrastructure related to the basic airport services referred to in Article 30.

For each of these infrastructures, the current maximum capacity and utilization levels will be included.

For the establishment of capacity standards, commonly accepted parameters will be applied internationally as well as relevant indicators that allow comparing these standards of capacity with those applied in other countries. similar European airports.

(d) Quality standards of the service, implemented through a set number of indicators, for each airport and for each year of the five-year period, taking into account, where appropriate, the following:

1. º indicators linked to airport services (measured by quality surveys perceived by users and through direct data collection).

2. º Indicators linked to aerodrome air traffic services.

3. Operational Safety Indicators.

4. Environmental Indicators.

For the establishment of quality standards, commonly accepted parameters will also be applied internationally as well as relevant indicators that allow the comparison of these quality standards with those applied in other countries. similar European airports.

(e) The minimum conditions for the service of infrastructure justified on grounds of general interest, which may affect inter alia, as determined, minimum opening hours or arrangements for use.

f) The investments planned in the five-year period, consistent with the rest of the content of the Airport Regulation Document (DORA), which respond to the standards of capacity of the infrastructures, the quality standards the minimum conditions for the service of the infrastructure and other investment, maintenance and compliance requirements set out in that document, as well as the conditions under which the non-significant deviations from the the planned investments not identified as strategic may be authorized.

The Airport Regulation Document (DORA) will detail the investments per year and airport, identifying those that, due to their strategic character, must be completed on the dates set out in the document itself. delay shall be the subject of penalty and shall affect the determination of the annual maximum revenue per adjusted passenger (IMAJ), distinguishing the following categories:

1. Terrain.

2. Field of flights.

3. Terminal Buildings.

4. Security.

5. Transportation of Baggage.

6. Air Navigation Systems.

7. Maintenance and conservation.

8. Intermodality and Environment.

9. Studies and projects.

The annual value of the investments planned for the five-year period shall be that which is included in the Regulated Assets Base (BAR) of each year, as referred to in Annex VIII, point 6 of this Act.

g) The operational and annual capital costs to be taken as the basis for the calculation of the maximum annual per passenger income (IMAP) referred to in point (h), taking into account the efficiency criterion collected in the Paragraph 4 of Annex VIII to this Law and to the criteria and principles of efficiency laid down in existing legislation that is applicable.

h) The values of the maximum annual per passenger income (IMAP), for each year of the five-year period, established in accordance with the methodology set out in Annex VIII of this Law.

(i) Securities allowing the establishment of annual incentives or penalties for the quality of the service provided (parameter B of the formula set out in Annex IX to this Act) and penalties for delay in the execution of the service planned investments (RI parameter of the maximum income formula set out in Annex IX of this Act) applicable for the determination of the annual maximum adjusted passenger income (IMAJ) for each financial year.

In relation to the incentives or penalties for quality of service provided (parameter B), they will be identified, of the quality indicators referred to in point (d) of this article, those that are of importance or interest be used to make the corrections referred to in the preceding paragraph. For these indicators, a target compliance value and lower and higher limits shall be set for each year of the five-year period. These values, the Airport Regulation Document (DORA), shall establish the method of calculation by which the incentives for improvements with respect to the target compliance or the applicable penalties shall be determined in the event of the levels of quality is below that level of compliance.

In relation to investments identified as strategic (RI parameter) within the meaning of point (f), the Airport Regulation Document (DORA) will set the deadlines for the completion of each investment as well as the Monthly delay penalties applicable for non-compliance with these deadlines.

j) The costs for each basic airport service and the contribution of the costs that are recovered with each rate to the determination of the maximum annual per passenger income (IMAP).

2. The Airport Regulation Document (DORA) shall include an airport traffic estimate for the 10 years following the five-year period in which it is applicable and the general airport development lines for that period, to facilitate the long-term programming. These estimates will not be binding.

Article 30. Basic airport services.

These are basic airport services, for the purposes of this Chapter, those referred to in the public property benefits of Article 68.2 of Law 21/2003, of July 7, of Air Safety.

Article 31. Monitoring and monitoring of the Airport Regulation Document (DORA).

1. It is up to the State Aviation Safety Agency to monitor compliance with the Airport Regulation Document (DORA) in the field of competence attributed to it in Section 1 of this Chapter.

2. The State Aviation Safety Agency shall adopt in the first four months of each exercise of application of the Document an "Annual Airport Technical Monitoring Report", which shall include the result of the verification of compliance with the Document Airport Regulation (DORA) in relation to:

(a) Compliance with the quality of service standards and the value of the incentives or penalties for the quality of service provided for that exercise (parameter B value of the formula set out in Annex IX of this Regulation) Law).

(b) Compliance with the investment programme identifying deviations from delay in meeting the pre-established time limits in the plan for the completion of investments identified by the plan strategic, as well as the value of the penalties for delay in the execution of planned investments for that exercise (value of the RI parameter of the formula set out in Annex IX of this Act).

(c) The deviation of investments and operating expenses referred to in paragraph 5 of this Article to be incorporated in the calculation of the adjusted annual maximum income per passenger (IMAAJ) (parameter D value of the formula collection in Annex IX to this Act).

In the preparation of the annual report on airport technical supervision, Aena, S.A. will be heard for a period of not less than one month.

The State Aviation Safety Agency shall transmit the annual airport technical supervision report to Aena, S.A., to the Directorate General of Civil Aviation, for elevation to the Secretary of State for Infrastructure, Transport and Housing as a follow-up to the compliance with the Airport Regulation Document (DORA), and to the National Markets and Competition Commission.

3. In addition, and without prejudice to the monitoring carried out by the State Aviation Safety Agency, in the first three months of the last financial year of application of the Airport Regulation Document (DORA) in force, and where applicable, in the financial year to which the Extended, this will perform:

(a) A report on all the investments made in the last five financial years establishing the differences between the values approved in the Airport Regulation Document (DORA) and the actual values audited of the regulated asset base (BAR) updated to the fourth year of the five-year period or the fifth year of the five-year period, in the case of the extension of the Airport Regulation Document (DORA). This report will incorporate the result, positive or negative, corresponding to the last exercise of the Airport Regulation Document (DORA) applicable in the previous five years.

(b) A report on the degree of compliance with the airport infrastructure capacity standards and the minimum service conditions for such infrastructure during the implementation period of the plan and the last exercise of application of the document in the preceding five years.

Both reports will be raised for knowledge of the Secretary of State for Infrastructure, Transport and Housing by the Directorate General of Civil Aviation to monitor compliance with the provisions of the document. Airport Regulation (DORA) and the National Commission on Markets and Competition.

4. The State Aviation Safety Agency may count for the preparation of the reports provided for in this Article with independent auditors.

5. In the exercise of the powers of monitoring of airport management, the Directorate General of Civil Aviation will raise the Secretary of State for Infrastructure, Transport and Housing, for approval, prior to the report of the State Agency of Air Safety and the National Markets and Competition Commission, deviations, positive or negative, to investments approved in the Airport Regulation Document (DORA), provided that such deviations are not derived from the application of regulatory changes, do not affect investments defined as (a) strategic, non-deferred and unforeseeable, in any event, non-significant deviations which do not represent a deviation of more than 3% of the total investment volume scheduled for each year of the five-year period in the Airport Regulation Document (DORA). If these exceptional deviations are greater than 50% of the maximum amount of deviations allowed in cumulative terms, their authorisation shall be used by the Council of Ministers Agreement, following a report by the Commission Delegated Government for Economic Affairs (CDGAE).

In the event of regulatory changes required by a rule of law or royal decree or provisions arising from international regulations whose application is unenforceable or unforeseeable, the the 3% limit indicated in the preceding paragraph, although they shall have to be approved by the Council of Ministers in accordance with the provisions of the same paragraph.

Also, the Directorate General of Civil Aviation will raise the Secretary of State for Infrastructure, Transport and Housing, for approval and prior report of the State Aviation Safety Agency and the National Commission of the Markets and Competition, increases in operating expenditure which may result from regulatory changes which are of an undeferred and unforeseeable nature. If these exceptional deviations are greater than EUR 2 million, their authorisation shall be used by the Council of Ministers Agreement, following a report from the Government Delegated Committee for Economic Affairs (CDGAE).

The deviations referred to in the previous two paragraphs, in addition to being compatible with the conditions set out in the Airport Regulation Document (DORA), will be taken into account, capitalised by the average cost weighted capital before tax from Aena, S.A., in determining the annual maximum income per adjusted passenger (IMAAJ).

Section 3. Airport Rates

Article 32. Arrangements for airport charges.

1. The airport charges are the consideration that Aena, S.A. is entitled to receive for the basic airport services referred to in Article 30.

These airport charges are for the purposes set out in Article 4 of Directive 2009 /12/EC of the European Parliament and of the Council of 11 March 2009 on airport charges, a common system of Fees covering the entire network of airports, have the legal nature of public property provision, being subject to their management and recovery as provided for in Law 21/2003, of 7 July, of Air Safety.

2. The structure of airport charges is set out in Articles 68 and 72 to 90, inclusive of Law 21/2003 of 7 July, and its successive updates.

3. The amount of the airport charges shall be as set out in Articles 68 and 72 to 90 of Law 21/2003 of 7 July and its successive updates, increased by the updates as provided for in the paragraph 4. For the purposes of applying these tariffs, on the order of the holder of the Ministry of Development, prior to the report of the National Commission of the Markets and the Competition, and prior to the period of consultations prior to the processing of the Document of Airport Regulation (DORA), the categories of airports may be modified in consideration of traffic at each airport in the immediate calendar year preceding that order, and shall be maintained during each five-year period for which produces effects of the Airport Regulation Document (DORA) to which it affects. In no case may the category of an airport be modified for the duration of the Airport Regulation Document (DORA).

The amount of airport charges may be affected by the subsidies which are established for reasons of general interest, according to objective, transparent and non-discriminatory criteria, in accordance with the rules on competition, and aimed at ensuring territorial integrity and cohesion, the protection of the environment and transport policies which tend, inter alia, to the promotion of the connectivity or internationalisation of passenger transport; and goods, paying particular attention to the non-peninsular regions as is the case for The Canary Islands, the Balearic Islands, Ceuta and Melilla, in which the air mode plays a fundamental and irreplaceable role in ensuring the mobility of its citizens.

The airport charges for each financial year, taking into account the expected traffic for that financial year, will not represent expected revenues exceeding the annual maximum adjusted passenger income (IMAJ). For these purposes, it will be exclusively related to the traffic foreseen in the Airport Regulation Document (DORA).

4. The updating of each of the airport charges will be carried out in accordance with the provisions of this Section, applying to each tariff the percentage that results from the variation of the annual maximum income per adjusted passenger (IMAAJ) for the corresponding year (year t) with respect to the maximum annual adjusted passenger income (IMAJ) of the previous year (year t-1).

If the application of that percentage to any of the airport charges would assume that the expected revenue adjusted to recover for each tariff would be higher than the estimated costs of the services it pays, the The rate will be increased only by the percentage that will cover such costs. The expected adjusted revenue left to be collected as a result of this limitation will be recovered by increasing the percentage of the revision of the other tariffs, as referred to in the first subparagraph of this paragraph, with the limit of recovery of estimated costs.

In addition, the expected revenue to be received as a result of the bonuses for reasons of general interest referred to in paragraph 3 of this article, will be recovered by Aena, S.A., increasing in a linear fashion. the percentage of the revision of the other non-subsidised tariffs resulting from the application of the first subparagraph of this paragraph, the estimated revenue to be recovered not exceeding the estimated costs of the services paid. In the event that all unsubsidised fares recover costs, the expected revenue to be paid on the basis of the bonuses established for reasons of general interest may be recovered in a linear manner between those tariffs.

The tariffs will be updated for natural years, except that, of the agreements between Aena S.A., and the users during the process of transparency and consultation provided for in this Section, a different period of application of the year will be decided natural. In such a case, the recovery of the expected adjusted revenues left to be received by Aena, S.A., for such a delay would be made through the adjustment parameter K as provided for in Annex IX of this Law.

5. For the purposes referred to in paragraph 3, interest subsidies are considered for reasons of general interest as laid down in Chapter II of Title VI of Law 21/2003 of 7 July 2003 on Air Safety and other applicable legislation, as well as those which are establish by order of the holder of the Ministry of Public Works, prior to the report of the National Commission on Markets and Competition, in accordance with the criteria and principles set out in paragraph 3.

These bonuses will be applied to the unit amounts of the tariffs provided for in this Section, once the update is applied as applicable to the annual maximum income per adjusted passenger (IMAJ).

The establishment or modification of bonuses may not affect the tariffs in force, it must be carried out before the consultation provided for in the procedure of transparency and consultation of the airport charges established in this Section, and shall apply to airport charges to be subject to consultation.

Regardless of the establishment of bonuses for reasons of general interest imposed on Aena, S.A., the latter may establish commercial incentives as provided for in this Chapter.

6. Airport charges shall apply to users of airport facilities or services in a transparent and non-discriminatory manner, including those required for their payment, without prejudice to the possibility of passing on the relevant charges to passenger services in the relevant transport contracts.

Article 33. Determination of maximum annual adjusted passenger income (IMAJ).

Received the annual report of airport technical supervision and prior to the initiation of the procedure of transparency and consultation provided for in this Section, Aena, S.A., will fix the maximum annual income per passenger adjusted (IMAJ) for the financial year for which the consultations are to be carried out, in accordance with the formulae set out in Annex IX to this Law, applying the corrections resulting from:

(a) The incentives or penalties set out in the Airport Regulation Document (DORA) for the quality of the service provided (parameter B) and the penalties for delay in the execution of planned investments (RI parameter) with the following limits:

1. º The maximum range of the incentives or penalties for the quality of the service provided (parameter B), will be from +2% to -2% of the maximum annual revenue per passenger (IMAP) of the year on which the consultations will be carried out. This limit to the incentives or penalties for the quality of the service provided shall be applicable at the network level. For each of the airports that make up the network, an increased limit will be set for each of the penalties, i.e. 5% for each of the airports that make up the network. Notwithstanding the above, in no case, the maximum range of the IMAP's network level incentives or penalties, resulting from the weighted calculation of the quality levels provided at the individual level, may be outside the range of +2% to -2% of the IMAP.

2. º The maximum value of the penalty for delay in the execution of the investments (RI parameter), will not exceed 2% of the total amount of the annual programming of all the investments of the net, although investments will be fixed (a) a policy whose non-compliance may be penalised by up to 5% of its annual programming.

(b) The compliance factor of 100% annual maximum income per adjusted passenger (IMAJ) for the two-year period before the year on which the consultations are to be carried out, in accordance with the formula provided for in the Annex IX, paragraph 2 (factor K).

(c) Deviations from investments and operating expenses, as set out in Article 31 (factor D).

Article 34. Establishment of airport charges and procedure for transparency and consultation of airport charges.

1. Established the maximum annual income per adjusted passenger (IMAAJ), Aena, S.A., will apply to each of the airport charges the corresponding percentage as established in this section and the result will be submitted to the transparency and consultation as set out in this Article, unless it does not proceed as provided for in paragraph 2.

The airport charges corresponding to the first year of application of the Airport Regulation Document (DORA), should be the subject of consultation in the procedure of elaboration by Aena, S.A., of the proposal of DORA. However, in the event that, approved the Airport Regulation Document (DORA), the airport charges proposed by Aena, S.A., must undergo substantial modifications, in particular to be adapted to the maximum annual income per passenger (IMAP) approved, a new period of consultation with a minimum duration of two months must be carried out.

2. At least once a year, unless a multiannual prior agreement has been reached and, in any event, where the proposal of Aena S.A. drawn up in accordance with the above paragraph implies any modification or updating of its tariffs Airport, Aena, S.A., will have to carry out a period of consultation with representative associations of users.

These consultations shall cover the operation of the tariff system and, where appropriate, its amendments and updates, in particular on the correct determination and implementation of the maximum annual revenue per passenger. (IMAJ), as well as the maintenance of the required quality levels. During the consultation period Aena, S.A., will seek to reach agreements with representative associations of users, including, where appropriate, service quality agreements as provided for in this Section respecting the minimum standards of quality as provided for in the Airport Regulation Document (DORA).

3. The period of consultation shall be initiated not later than 15 May of the immediate year preceding the year in which those tariffs are intended to be applied and shall have a minimum duration of two months.

When for exceptional reasons Aena, S.A., cannot comply with the provisions of this paragraph, it must be justified to the representative associations of users and to the National Commission of the Markets and the Competition.

4. In the consultation procedure Aena, S.A., and user companies, the information provided for in the following Article shall be provided. This information is of a confidential nature, and the breach of this duty of confidentiality shall be sanctioned in accordance with the provisions of that article.

5. After the end of the period of consultations or where it does not proceed as provided for in paragraph 2, the Board of Directors of Aena, S.A. shall approve the applicable airport charges as provided for in paragraph 1 and shall communicate them to the Commission. National Commission on Markets and Competition, representative associations of users and the Directorate-General for Civil Aviation, by 31 July of the year preceding the year in which the amendment is intended to be applied or updating or when the consultations are concluded, in the case of those carried out by Aena, S.A., in accordance with the provided for in the second subparagraph of paragraph 1.

In the decision on the modification or update of the airport charges, Aena, S.A., will have to consider the points of view evidenced by the user companies and justify their decisions in case of disagreement.

Article 35. Information provided.

1. During the period of consultations referred to in the previous Article, Aena, S.A., will provide the representative associations of airport users with information, both for the whole of the airport network, and for the individual airports. airports whose annual traffic is more than 5 million passengers, on the basis of the elements used to fix the system or level of their airport charges and their modifications or updates. This information shall include at least the following:

a) The list of the different services and infrastructure linked to the tariffs.

b) The methodology used to determine the modification or update of the tariffs and the proposed airport fees for Aena, S.A., carried out in accordance with the provisions of this Section for the determination of the Annual maximum per passenger income (IMAJ).

(c) The overall cost structure in terms of facilities and services paid for by the tariffs.

d) The revenue generated by the different tariffs and the total cost for the use of the facilities and the services covered by them.

e) All details of the funding from public authorities for the facilities and services paid for the fees.

(f) The forecast of the tariffs, the evolution of the traffic and the planned investments.

g) The actual use of airport infrastructure and equipment during the last financial year.

h) The impact of the planned investments with regard to their effects on the capacity of the airport.

i) The deviations identified in the annual airport technical monitoring report and the corrections made by Aena, S.A., to the annual maximum passenger income (IMAP).

j) The commercial incentive schemes planned for the five-year application of the Airport Regulation Document (DORA).

2. In addition, during this period of consultation, airport user carriers will be required to send Aena, S.A., information on:

a) Your forecast for traffic and composition and use of your fleet in the following year.

b) Your development projects and needs at the airport.

3. The information provided by Aena, S.A., and by the user carriers will be confidential, which requires:

a) Custodian of the information provided, ensuring that only duly authorized personnel can be accessed and used for the exclusive effects provided for in this chapter.

(b) Not to disclose, assign or facilitate the information provided without the express permission of the airport manager or air carrier that has provided it, except at the request of the Prosecutor's Office or the judicial bodies.

4. Failure to comply with the duty of confidentiality imposed in the previous paragraph constitutes a punishable offence as provided for in Articles 44 and 55 of Law 21/2003 of 7 July 2003 on Air Safety, without prejudice to the actions of the Criminal proceedings which may correspond to the dissemination, disclosure or transfer of business secrets.

Article 36. Agreements on the level of service and custom services.

1. During the period of consultations Aena, S.A., will be able to negotiate with the representative associations of the users an agreement on the level and quality of the service according to the amount of the airport charges, respecting the standards quality minima provided for in the Airport Regulation Document (DORA).

2. At the request of the users of the airport Aena, S.A., it will be able to offer personalized services volunteers or the use of specialized infrastructures. The price of these services is a private price, in which the consultation procedure and the supervision provided for in this section are not applicable.

If the number of user companies wishing to access these customized services is higher than is possible due to capacity constraints, access will be determined on a concurrency basis on the basis of relevant, objective, transparent and non-discriminatory criteria.

Article 37. Monitoring of the transparency and consultation procedure.

1. In the exercise of the supervisory functions of the transparency and consultation procedure provided for in Article 10.1 of Law No 3/2013 of 4 June of the establishment of the National Markets and Competition Commission, the Commission shall decide on the the application of the modifications or updates of the airport charges fixed by Aena, S.A., when these have been done without the procedure provided for in this section on transparency and consultation of the tariffs In its update, the airport will not adjust to the provisions of this Law, and will determine justified, the modification of the airport charges that will replace the content of the decision of Aena, S.A., subject to the maximum annual income per adjusted passenger (IMAAJ) applicable.

2. In another case, the finding of irregularities in the transparency and consultation procedure will lead to the adoption of the resolution that will proceed on the measures to be taken in future consultations, including the need to extend them to the companies. users of the network of airports not associated with representative associations of users. These decisions, given in the exercise of the functions provided for in Article 10.3 of Law No 3/2013 of 4 June, are binding on their addressees.

Article 38. Monitoring of airport charges applied in a discriminatory manner.

In the exercise of the functions of the National Commission of the Markets and the Competition to ensure that airport charges are not applied in a discriminatory manner, the Commission, ex officio or at the request of the air carrier or users affected by the discrimination, shall decide on the non-application of the tariffs applied in a discriminatory manner and shall determine in a justified manner the tariff or tariffs to be replaced, subject to the maximum annual revenue per passenger (IMAJ) applicable.

Article 39. Resources of the air carriers against the decision of Aena, S.A., to modify or update the airport charges.

1. Legitimate entities and users, as provided for in Article 12 (c) of Law No 3/2013 of 4 June, may appeal to the National Commission on Markets and Competition, the decisions of Aena, S.A., on the amendment or updating of their airport charges.

The time limit for recourse shall be 20 days from the date of notification of the agreement of the Board of Directors of Aena, S.A.

2. Regulations may lay down the requirements to be established by air carriers and other airport users of the airport network in Aena, S.A., in order to be able to make use of the decisions of the airport network on the modification or updating of the their airport charges.

3. The decisions of the National Commission of the Markets and the Competition in the exercise of this function are binding, without prejudice to the resources that come before the judicial-administrative jurisdiction.

Article 40. Deadline for resolving and provisional decision on the effectiveness of airport charges.

1. The National Markets and Competition Commission shall decide on the resources raised as provided for in the previous Article within the maximum period of four months, from the date of submission of the last of the resources. admissible.

This period may be extended, exceptionally and for duly justified reasons, by express agreement of the competent body of the National Markets and Competition Commission for a maximum period of two months.

2. After the maximum period provided for in the previous paragraph has not been given express resolution, the resources raised in the light of the decision of Aena, S.A., shall be deemed to be dismissed by administrative silence.

3. Amendments to the fees under appeal to the National Markets and Competition Commission shall not apply until the decision is taken as referred to in the first subparagraph of paragraph 1.

However, if within four weeks from the start of the calculation of the time limit for settling as provided for in that paragraph, the National Markets and Competition Commission could not dictate the resolution it puts forward. (a) the Commission shall adopt a decision on the provisional application of the tariffs to be applied until its decision is taken.

After the four-week period without giving the agreement provided for in this paragraph, the decision of Aena, S.A. shall be understood to be applicable.

Article 41. Access to the information.

In the exercise of its supervisory functions in the field of airport charges the National Commission of the Markets and Competition will have access to all necessary information, including analytical accounting disaggregated by airport, as well as all the information provided for in this Section.

The information included in the supervision procedures of the National Commission of the Markets and the Competition will be applicable to the provisions of this Chapter regarding the confidentiality of information and the duty of secret.

Section 4. Sanctioning Regime

Article 42. Sanctioning procedure and administrative responsibility.

1. The procedure of sanctioning in matters of Airport Regulation shall be governed by the general principles laid down in Chapter II of Title IX of Law 30/1992, of 26 November, of the Legal Regime of the Public Administrations and of the Common Administrative Procedure and its regulatory development.

2. The administrative responsibility for the infringements of this Chapter is due to Aena, S.A., as airport operator of the network of airports of general interest, as well as to the other subjects to whom its obligations are addressed.

Article 43. Violations.

In addition to the violations provided for in Law 21/2003, of July 7, of Air Safety:

1. These are very serious violations:

(a) Proceed for the closure or disposal, in whole or in part, of airport facilities or infrastructure necessary to maintain the provision of basic airport services without the necessary authorisation.

b) Failure to comply with the duty of consultation in relation to the proposed Airport Regulation Document (DORA), as well as to provide information, inaccurate or false, in the said procedure.

c) Not to present to the Directorate General of Civil Aviation the proposal of Document of Airport Regulation (DORA) or to present it extemporaneously having obliged the Directorate General to initiate the processing of the procedure.

d) To provide the Directorate General of Civil Aviation with inaccurate or false information in the proposed Airport Regulation Document (DORA) or in the exercise of its powers in the field of management monitoring airport.

e) The inapplication of the bonuses agreed for reasons of general interest to the airport charges.

(f) Failure to comply with the standards of quality and capacity of the infrastructures and the minimum conditions of service of the infrastructures set out in the Airport Regulation Document (DORA) when such non-compliance affect the regularity and continuity of the air operations.

g) Failure or delay in carrying out the investments set out in the Airport Regulation Document (DORA), where it involves security risks or affects the regularity and continuity of operations air.

h) Failure to comply with the confidentiality and secrecy duties provided for in this Chapter.

i) The gimping of inspecting performances and the supply of false information to superiors.

j) Not to carry out the consultations required in the procedure of transparency and consultation of airport charges and not to call such consultations to the users who must be called according to the resolutions of the National Commission of the Markets and Competition.

(k) Not to provide in the procedure for consultation and transparency of airport charges the required information or to provide incomplete, inaccurate or false information.

l) Set tariffs other than the annual tariff proposal approved by the National Commission on Markets and Competition, when the latter has adopted a revised tariff proposal.

m) Apply the tariffs in a discriminatory manner, where this has been established by the National Commission of the Markets and the Competition in the exercise of its supervisory functions.

n) Not to provide the information required by the National Markets and Competition Commission in the exercise of their duties or to provide inaccurate or false information.

n) The failure by Aena, S.A., of the resolutions of the National Commission of the Markets and the Competition in the exercise of its functions.

or) The recidivism, by commission within one year of more than one serious infringement when it has been declared by firm resolution.

2. These are serious violations:

a) The delay in the compliance of the duty of consultation in relation to the proposed Airport Regulation Document (DORA).

b) The delay in the submission of the proposed Airport Regulation Document (DORA) when it is not typified as a very serious infringement.

c) The repeated non-compliance with the standards of quality, capacity of the infrastructures and the minimum conditions of service of the infrastructures set out in the Document of Airport Regulation (DORA), provided that non-compliance is not typified as very serious.

d) The repeated failure or delay in carrying out the investments collected in the Airport Regulation Document (DORA) regulated asset base (BAR), when it is not typified as a very serious fault.

e) Failure to comply with the obligation to provide the information required for the exercise of the airport management monitoring powers.

f) The recidivism, by commission within one year of more than one minor infraction when it has been declared by firm resolution.

3. They are minor infractions:

(a) Failure to comply with the formal obligations laid down in Sections 1 to 3 of this Chapter and in its implementing rules, where such breaches do not constitute serious or very serious infringements.

(b) Non-compliance with the specific resolutions issued by the National Commission on Markets and Competition for the conduct of the consultation procedure.

(c) Irregularities in the procedure for tariff consultations, or in the information provided in such consultations, which are not qualified as very serious infringements.

Article 44. Penalties.

The planned infringements will be sanctioned, as provided for in Articles 55.2 and 3, 57 and 59 of Law 21/2003 of 7 July, of Air Safety, by:

(a) The State Aviation Safety Agency, as referred to in points (f) and (g) of Article 43 (1) and points (c) and (d) of paragraph 2, as well as the infringements referred to in points (h), (i) and (o) of Article 43 (1); point (f) and point (a) of paragraph 3, where they affect their competence.

(b) The Directorate-General for Civil Aviation, as referred to in Article 43 (1) (a), (b), (c), (d) and (e) (2) (a), (b) and (e), as well as infringements of the powers of the Directorate-General for Civil Aviation, Civil aviation referred to in Article 43 (1) (h) and (o) (2) (f) and point (a) of paragraph 3.

(c) The National Commission for Markets and Competition, the infringements referred to in Article 43 (1) (j), (k), (l), (m), (n) and (n) and (3) (b) and (c), as well as, in the case of their jurisdiction, infringements referred to in paragraph 1 (h), (i) and (o), paragraph 2, point (f) and point (a) of paragraph 2 of this Article.

Section 5. Other airport provisions

Article 45. Transparency, consultation and supervision in relation to airport charges for autonomous and privately owned airports.

Airports of general interest not integrated into the network of airports of general interest and the autonomous airports open to commercial traffic exceeding five million passengers of annual traffic will apply a the procedure for transparency and consultation with regard to airport charges in the terms in which it is regulated.

The oversight of this transparency and consultation procedure will be carried out by the National Commission on Markets and Competition in the terms of the regulations.

Article 46. Information to the administrative authorities.

1. Aena, S.A., and the airlines are obliged to provide the National Commission of the Markets and the Competition, the State Aviation Safety Agency and the Directorate General of Civil Aviation with the information they request for the exercise of their duties. They shall also provide the Directorate General of Civil Aviation and the National Commission of the Markets and the Competition with the information they require for statistical purposes. Aena, S.A., will ensure, at no cost to the Administration, access to statistical information of the air operations that are developed in the network of airports of general interest that it manages, through the systems and IT tools which are available for this purpose.

Annual information requested for statistical purposes shall be provided in the first month of each financial year.

2. The Directorate-General for Civil Aviation shall publish in the month of February each year the annual statistics on air transport and air traffic for the previous year.

Article 47. Compensatory measures in the field of sound quality.

The airport managers assume the costs arising from the compensatory measures in the field of sound quality for the municipalities resulting from the provisions of Article 4 (2) (b) of Law 48/1960 of 21 December 1990. July, Air Navigation.

Article 48. Amendment of the Annexes.

Any proposal of the airport manager to modify the annexes of this Law regarding the methodology for determining the maximum annual income per passenger (IMAP) in the Document of Airport Regulation (DORA) Five-yearly and the determination of the maximum annual revenue per adjusted passenger (IMAJ) shall be subject to a prior consultation procedure with representative associations of users, the duration of which may not be less than two months, in which Aena, S.A. shall provide them with sufficient information to assess the proposal and its impact on the tariff modifications.

With the result of the consultations Aena, S.A., will formulate a new proposal in which it will have to show how the points of view of the user companies have been taken into consideration and to justify their decision in case of disagreement, and of the proposal adopted will be transferred to the Ministry of Development that, if necessary, will seek report from the National Commission of the Markets and the Competition on the proposal.

Article 49. Commercial incentives.

1. The provisions of Sections 1 to 4. of this Chapter do not prevent Aena, S.A., from establishing commercial incentives which, without affecting the legal system and the amount of public property benefits for airport services They are to be set according to objective, transparent and non-discriminatory criteria and comply with the rules on competition.

In no case shall such incentives affect the calculation of the required regulated revenues referred to in those Sections.

2. The proposal for a Document of Airport Regulation (DORA) that Aena, S.A., submits to consultations and which, after these, refers to the corresponding bodies, must collect the schemes of incentives planned for the five years.

Section 6. Civilian Aircraft Piloted by Remote Control

Article 50. Operation of civilian aircraft piloted by remote control.

1. Pending the entry into force of the regulatory standard provided for in the second subparagraph of paragraph 2 of this Law, the operations of civilian aircraft operated by remote control are subject to the provisions of this Law. Article.

The compliance with the provisions of this article does not exempt the operator, which is, in any case, the person responsible for the aircraft and the operation, from compliance with the other applicable regulations, in particular in relation to the use of the radio spectrum, data protection or aerial imaging, or liability for damage caused by the operation or aircraft.

2. Civilian aircraft piloted by remote control with a maximum take-off mass exceeding 25 kg must be registered in the aircraft registration register and have an airworthiness certificate, with no compliance with such aircraft. requirements for civilian aircraft piloted by remote control with a maximum take-off mass equal to or lower.

In addition, all civilian aircraft piloted by remote control shall be required to carry the identification of the aircraft, in a legible and indelible manner, to the structure of the structure of the aircraft, by the specific designation and, where applicable, serial number, as well as the name of the operating company and the data necessary to contact it.

3. Aerial activities of technical or scientific work may be carried out by civilian aircraft piloted by remote control, day and in visual meteorological conditions subject to the following requirements:

(a) They may only operate in areas outside agglomerations of buildings in cities, towns or inhabited places or in outdoor gatherings, in uncontrolled airspace, beyond the visual range of the pilot, within the the radio emission of the control station and at a maximum height on the ground not greater than 400 ft (120 m), the civilian aircraft piloted by remote control whose maximum take-off mass is less than 2 kg, provided they have means to be able to know the position of the aircraft. The performance of the flights shall be conditional upon the issuance of a NOTAM by the aeronautical information service provider, at the request of the duly enabled operator, to inform the other airspace users of the operation. of the area in which it is to take place.

(b) Civilian aircraft piloted by remote control whose maximum take-off mass does not exceed 25 kg, may only operate in areas outside agglomerations of buildings in cities, towns or inhabited places or in persons ' meetings outdoors, in non-controlled airspace, within the visual range of the pilot, at a distance of not more than 500 m and at a height above the ground not greater than 400 ft (120 m).

(c) Civilian aircraft operated by remote control whose maximum take-off mass exceeds 25 kg and does not exceed 150 kg and those with a maximum take-off mass equal to or greater than 150 kg for the performance of fire-fighting or search and rescue activities shall only operate, subject to the conditions and limitations laid down in its certificate of airworthiness issued by the State Aviation Safety Agency, in non-controlled airspace.

d) In addition, the operations foreseen in the preceding letters will require:

1. º The operator has the documentation relating to the characterization of the aircraft to be used, including the definition of its configuration, features and capabilities.

2. A Operator Operations Manual that establishes the procedures for the operation is available.

3. º that you have conducted an aeronautical safety study of the operation or operations, in which it is noted that the same can be performed safely. This study, which may be generic or specific for a particular geographical area or type of operation, shall take into account the basic characteristics of the aircraft or aircraft to be used and their equipment and systems.

4. The successful test flights that are required to demonstrate that the intended operation can be safely performed are successful.

5. º That an aircraft maintenance program has been established, adjusted to the manufacturer's recommendations.

6. º That the aircraft is piloted by remote control by pilots who meet the requirements set forth in this provision.

7. The operators of the civilian aircraft will be required to be piloted by remote control, an insurance policy or other financial guarantee covering civil liability to third parties for damages that may arise during and due to of the execution of the flight, in accordance with the limits of the coverage set out in Royal Decree 37/2001 of 19 January, which updates the amount of compensation for damages provided for in Law 48/1960, of 21 July, of Air Navigation, for aircraft weighing less than 20 kg maximum weight at take-off. For aircraft the weight of which is greater than 20 kg maximum weight at take-off, the coverage limit laid down in Regulation (EC) No 785/2004 of the European Parliament and of the Council of 21 April 2004 on the insurance requirements of air carriers and air operators.

8. That appropriate measures have been taken to protect the aircraft from acts of unlawful interference during operations, including the deliberate interference of the radio link and established procedures. necessary to prevent unauthorized personnel access to the control station and the storage location of the aircraft.

9. That the necessary additional measures have been taken to ensure the security of the operation and for the protection of the persons and the underlying assets.

10. º The operation is carried out at a minimum distance of 8 km from any airport or aerodrome or, for the case of flights covered by paragraph 3 (a), if the infrastructure has flight procedures instruments, at a minimum distance of 15 km from the point of reference. In another case and for the cases referred to in this issue, the appropriate coordination mechanisms with such aerodromes or airports have been established. The coordination carried out shall be documented, the operator being obliged to keep it at the disposal of the State Aviation Safety Agency.

4. In addition, the following types of flights may be carried out by civilian aircraft piloted by remote control, by day and in visual meteorological conditions, in non-controlled airspace, within the visual range of the pilot, or, in another case, in a airspace area segregated to the effect and always in areas outside agglomerations of buildings in cities, towns or inhabited places or in outdoor gatherings:

a) Production and maintenance test flights, conducted by manufacturers or organizations engaged in maintenance.

b) Demonstration flights not open to the public, aimed at closed groups of attendees at a given event or potential customers of a manufacturer or operator.

(c) Flights for research programmes, national or European, in which it is intended to demonstrate the feasibility of conducting a particular activity with civilian aircraft piloted by remote control.

(d) Development flights in which the techniques and procedures for carrying out a particular activity with civilian aircraft operated by remote control prior to the production of such aircraft are to be developed. activity.

e) R & D flights conducted by manufacturers for the development of new products.

f) Test flights required to demonstrate that the activities requested under paragraph 3 can be performed safely.

The performance of these flights will also require compliance with the requirements set out in paragraph 3 (d), numbers 1. º, 3. º, 6. º, 7. º, 8. º, 9. º and 10. º, and also establish a safety zone in relation to the flight performance area.

In cases where the operation is to be carried out by an operator not subject to the supervision of the State Aviation Safety Agency, it shall have the authorisation of the aeronautical authority of the country of origin for the operation. carrying out the activity in question and accrediting to the State Aviation Safety Agency that the requirements of that authority are at least equivalent to those laid down in this paragraph.

5. The pilots must demonstrate the following requirements:

(a) Be holders of any pilot's license, including the ultralight pilot's license, issued in accordance with the current regulations, or have been in the last five years and have not been dispossessed by virtue of a sanctioning procedure, or

(b) demonstrate in a reliable manner that they have the necessary theoretical knowledge to obtain any pilot licence, including the ultralight pilot licence, or

(c) for aircraft with a maximum take-off mass not exceeding 25 kg, have:

1. º To fly within the visual range of the pilot, a basic certificate for the piloting of civilian aircraft piloted by remote control, issued by an approved training organisation, in accordance with Annex VII of the Commission Regulation (EU) No 1178/2011 of 3 November 2011 laying down technical requirements and administrative procedures relating to the flight crew of civil aviation, which provides evidence that it has the appropriate theoretical knowledge in the fields of: aeronautical regulations, general knowledge of the aircraft (generic and specific), aircraft performance, meteorology, navigation and interpretation of maps, operational procedures, communications and human factors for civilian aircraft piloted by remote control.

2. º To fly beyond the visual range of the pilot, advanced certificate for piloting of civilian aircraft piloted by remote control, issued by an approved training organisation, in accordance with Annex VII to the Regulation Commission Regulation (EU) No 1178/2011, which provides evidence in addition to the theoretical knowledge identified in the number 1. knowledge of air traffic services and advanced communications.

(d) In addition, in the cases referred to in points (b) and (c), they shall certify:

1. º 18 years of age.

2. The pilots operating aircraft up to 25 kg maximum mass at take-off shall be holders of at least one medical certificate in accordance with the provisions of paragraph MED.B. 095 of Part MED of Annex IV to the Regulation. (EU) No 1178/2011 of the Commission of 3 November 2011 laying down technical requirements and administrative procedures relating to the flight crew of civil aviation pursuant to Regulation (EC) No 216/2008 Parliament and the Council on the medical certificates for the pilot's licence light aircraft (LAPL).

3. The pilots operating aircraft of a maximum take-off mass exceeding 25 kg shall be holders of at least one Class 2 medical certificate, which complies with the requirements laid down in Section 2 of the Subpart B, of Annex IV, Part MED, of Commission Regulation (EU) No 1178/2011, issued by an aeronautical medical centre or an authorised air examiner.

e) Furthermore, in all cases, they must have a document stating that they have the appropriate knowledge of the aircraft and their systems, as well as their pilotage, issued either by the operator or by the manufacturer of the aircraft. the aircraft or an organisation authorised by it or by an approved training organisation. In no case shall such a document be issued by the pilot for which the authorisation is sought.

6. The exercise of the activities referred to in paragraphs 3 and 4 by aircraft with a maximum take-off mass equal to or less than 25 kg shall be subject to communication to the State Aviation Safety Agency at least five days in advance. the day of the start of the operation. Prior communication shall contain:

(a) The identification of the operator, the aircraft to be used in the operation and the pilots who carry out the operation, and the conditions under which each of them certifies the requirements due to the paragraph 5.

b) The description of the characterization of such aircraft, including the definition of their configuration, features and capabilities.

(c) The type of technical or scientific work to be carried out or, in another case, the flights to be carried out and their profiles, as well as the characteristics of the operation.

d) The conditions or limitations to be applied to the operation or flight to ensure security.

In addition to prior communication, the operator shall submit a responsible statement stating, under its responsibility, that it complies with each of the requirements required in accordance with this Article for the carrying out of the activities or operations communicated, which has the documentation which so credits and which shall maintain compliance with those requirements in the period of time inherent in the performance of the activity. In addition to this responsible declaration, the operator must submit the Operations Manual, the aeronautical safety study and the supporting documentation of the compulsory insurance required, respectively, by paragraph 3 (b). (d), numbers 2. º, 3. and 7. º, and paragraph 4. Where the prior communication relates to the operations referred to in paragraph 3, the maintenance and accreditation programme for the performance of test flights with satisfactory results shall be submitted together with this documentation. refer to the numbers 4. and 5. of point (d) of that paragraph.

Any modification of the communication shall be communicated to the State Aviation Safety Agency at least 5 days in advance of the implementation of the modification, presenting the updated statement responsible and, where appropriate, the additional supporting documentation provided for in this paragraph.

The State Aviation Safety Agency is obliged to issue an acknowledgement of receipt within five days from the day of receipt of the documentation in which, at least, the activities for which the exercise is carried out are included. enabled by the communication or its modification.

7. The activities referred to in paragraphs 3 and 4 shall be carried out by aircraft the maximum take-off mass of which exceeds 25 kg and any changes in the conditions for the exercise of those activities or the accredited requirements. subject to the prior authorisation of the State Aviation Safety Agency, as provided for in this paragraph.

The application for authorisation and its modifications shall have the minimum content provided for in the previous paragraph and together with it the responsible declaration and supporting documentation shall be submitted. required in that paragraph.

8. Prior communication or authorization to carry out the technical or scientific work referred to in paragraph 3, and its modifications, shall enable the exercise of the activity for an indefinite period in the case of operations subject to prior notice after the expiry of the five-day period referred to in paragraph 6, subject, in any event, to compliance with the requirements and to the extent to which compliance is maintained.

The prior communication or authorization of the performance of the flights provided for in paragraph 4, and their modifications exclusively enable them to carry out those flights which, as the case may be, have been authorized or communicated in advance as provided for in paragraph 6 and subject, in any case, to compliance with the requirements and, as long as the compliance is maintained.

Operators authorised in accordance with this Article for the exercise of the air activities referred to in paragraph 3 may, under their responsibility, carry out flights which do not comply with the conditions and limitations provided for in paragraphs 3 and 4 in situations of serious risk, disaster or public calamity, as well as for the protection and relief of persons and property in cases where such situations occur, where required by the authorities responsible for managing such situations.

9. The legal regime to which the operation and civil aircraft piloted by remote control shall be subject to regulation shall be established in other cases than those referred to in this Law.

10. By resolution of the Director of the State Aviation Safety Agency, it may be possible to establish acceptable means of compliance, the observance of which provides for compliance with the requirements set out in this Article.

Section 7. Other air navigation and safety reforms

Article 51. Amendment of Law 48/1960 of 21 July on Air Navigation.

Law 48/1960 of 21 July on Air Navigation is amended as follows:

One. Article 11 is worded as follows:

" Item eleven.

Aircraft understood:

(a) Any construction suitable for the transport of persons or things capable of moving in the atmosphere due to the reactions of air, whether or not lighter than this and whether or not it has powertrains.

(b) Any remote-controlled machine that can be supported in the atmosphere by air reactions other than the reactions of the air against the surface of the ground. "

Two. Article 150 is worded as follows:

" Article cent fifty.

1. The provisions of this Law shall be subject to the provisions of this Law, as soon as they are applicable, to the private transport aircraft of undertakings, those of the Aviation Schools, those engaged in technical or scientific work and those of tourism and sport. exceptions that are then expressed:

First. They shall not be able to perform any public air transport service of persons or things, with or without remuneration.

Second. They may use different grounds for officially open aerodromes to traffic, subject to the authorisation of the State Aviation Safety Agency.

2. Civil aircraft piloted by remote control, whatever the purposes for which they are intended except those used exclusively for recreational or sporting purposes, shall also be subject to the provisions of this Law and their implementing rules as soon as they are applicable to them. Such aircraft shall not be required to use authorised airport infrastructure, except in cases where this is expressly determined in their specific rules. '

Three. The first paragraph of Article 150 and one is worded as follows:

" Air activities carried out for the purposes of the previous Article, except for tourism and sports, shall require prior communication to the State Aviation Safety Agency or its authorisation for the purposes of maintaining security in aeronautical and third-party operations, where the nature of these operations, the environment or circumstances in which they are carried out involve special risks for any of them, and shall be subject to their inspection in the terms laid down by the legislation in force. '

Four. A new transitional provision third of the following wording is added:

" Transitional provision third. Transitional arrangements for authorisations.

As long as the specific regulations governing the prior notice provided for in Article 150 and one are not applicable, the prior authorization of the State Aviation Safety Agency for the exercise of the the activities provided for in that provision. '

Article 52. Amendment of Law 13/1996, of 30 December, of administrative and social order measures.

Article 166 of Law 13/1996, of December 30, of Fiscal, Administrative and Social Order Measures, is worded as follows:

" Article 166.

1. In order to ensure the needs of air traffic and air transport and, in relation to airports of general interest, the fulfilment of the general interest purposes laid down in Article 21 of Law 18/2014 of 15 October 2014, of approval of urgent measures for growth, competitiveness and efficiency, as well as the requirements for the management of airspace and air navigation services, the Ministry of Public Works will delimit for airports of general interest a zone of service which shall include the areas necessary for the implementation of the airport activities, those for the complementary tasks of this and the reserve spaces that guarantee the possibility of development and growth of the whole and approve the corresponding Plan Director of the same one in which they will be included, in addition to the activities referred to in Article 39 of Law 48/1960 of 21 July on Air Navigation, industrial and commercial uses whose location in it is necessary or appropriate in relation to air traffic or the services they provide to users of the same.

The report of the corresponding Autonomous Community and other public administrations affected, in relation to their respective competences, in particular in the field, will be sought in the processing of the Directors ' Plans. urban planning and spatial planning, in the terms provided for in regulation.

2. The general plans and other general urban planning instruments shall qualify the airports and their service area as an airport general system and may not include any determinations that involve interference or disturbance in the exercise of the airport operating powers.

This general airport system shall be developed by means of a special plan or equivalent instrument, which shall be formulated by the manager, in accordance with the forecasts contained in the corresponding Director Plan and shall be processed and approve in accordance with the provisions of the applicable urban legislation.

The planning authority responsible for the approval of the Special Plan shall transfer the manager of the provisional approval agreement to the manager for a decision within one month on the aspects of his/her competence, in The case of disagreement between the two shall open a period of consultations for a period of six months and if, at the end of the period, an express agreement has not been reached between them on the content of the Special Plan, the dossier shall be forwarded to the Council of Ministers responsible for reporting on a binding basis.

3. The work carried out by the operator within the general airport system shall be adapted to the special plan for the planning of the airport space or equivalent instrument. For the purposes of this requirement, they shall be subject to a report from the competent urban administration, which shall be deemed to be in a favourable sense if it has not been expressly evacuated within one month of receipt of the request. documentation. In the event that the special plan or equivalent instrument referred to in paragraph 2 of this Article has not been approved, the work carried out by the operator at the airport level shall be in accordance with the Airport Director Plan.

New construction, repair and maintenance works carried out in the field of the airport and its service area by the operator shall not be subject to the municipal preventive control acts referred to in the Article 84.1.b) of Law 7/1985, of 2 April, regulating the bases of the Local Regime, for constituting public works of general interest. "

Article 53. Amendment of Law 21/2003 of 7 July on Air Safety.

Law 21/2003, of July 7, of Air Safety, is amended as follows:

One. Article 4 is worded as follows:

" Article 4. Competence in the area of structure and management of airspace and air traffic.

1. The competences in terms of structure and management of airspace and air circulation correspond to the Ministries of Defense and Fomento in the terms established in this article.

2. It is up to the Ministries of Defence and Development to define and establish the policy and strategy for the structuring and management of airspace, as well as the adoption of specific measures in this area in accordance with the established in the European Union and taking into account the needs of national defence.

Except in the situations described in paragraphs 3 (c) and 4, these powers shall be exercised jointly in the prescribed terms, where appropriate, through the Inter-Ministerial Commission provided for in the Article 6.

3. Corresponds to the Ministry of Defense:

(a) The surveillance, control and defense of the airspace of Spanish sovereignty, as well as the control of the general air circulation in times of armed conflict, as the principal responsible for the air defense of Spain.

b) The management and control of operational air traffic.

(c) Control of the general air circulation and the establishment of measures affecting the structuring, management and conditions of use of space when determined by the President of the Government or the Minister of Defence Exceptional circumstances or emergency situations, as they may be advised, respectively.

4. It is for the Ministry of Public Works to manage and control the general air traffic in peacetime and, in situations of crisis affecting airspace, other than those provided for in point (c) of paragraph 3, conditions for the use of airspace for civil aircraft. '

Two. A new Article 4a is added which is worded as follows:

" Article 4a. Powers in the field of military infrastructure open to civil traffic and safeguarding the interests of defence in other areas.

1. In the air bases or military airfields open to civilian traffic, it is up to the commander of the base of all installations, the responsibility for the operation of all the essential elements to ensure continuity. (a) operational and take measures to ensure the interests of national defence and military aviation.

The coordination, exploitation, conservation and management of the area open to civil traffic corresponds to the person designated for the purpose in accordance with the provisions of the implementing regulations to be applied by the Member States. functions exclusively in relation to civil traffic.

2. An Air Military Command shall be established at each airport and civil public aerodrome or set of them corresponding to the same demarcation to represent the interests of the national defense and military aviation, whose commander exercise the powers of the Ministry of Defence.

3. The Ministry of Defence and the bodies responsible for the management of the infrastructure for civil traffic shall formalise the relevant arrangements for the compensation for the services provided in accordance with the preceding paragraphs, to which the corresponding budgetary forecasts shall be made.

4. The maintenance of security and public order at civil aviation airports and airfields and other civil aviation facilities shall be the responsibility of the Ministry of the Interior. '

Three. Articles 5 and 6 are worded as follows:

" Article 5. Powers of the Ministry of Public Works.

1. In addition to the powers provided for in Article 4, it is for the Ministry of Public Works:

(a) The management, supervision and assurance of the provision of civil air navigation services, systems and installations, as well as the oversight functions of the single European sky regulations in the air navigation services. terms that this Act and its development provisions set forth.

b) The qualification of civil airports of general interest and the approval of their directors ' plans.

c) The management, supervision and guarantee of the provision of airport services at civil airports of general interest, as well as the management and supervision of operational security in the rest of the civil airport infrastructure.

d) Maintaining the registration of civil aircraft registration.

e) The management and supervision of air transport.

f) The management and supervision of air activities and activities, as well as of general and sport aviation.

g) The management, verification and control of compliance with the requirements and procedures established to ensure air safety in relation to the design, manufacture, maintenance, use and operation of aircraft Civil aviation products, components and equipment in general.

(h) The ordination, granting and supervision of the titles that enable individuals and civil organizations to carry out civil aviation activities and control compliance with the requirements and obligations in each case that is required.

i) The recognition and acceptance of certificates issued by authorities of other States and which are required for the exercise of aeronautical professions.

j) The management, management and implementation of civil aviation inspection, in the field of the competencies of the General Administration of the State.

k) The exercise of the power of sanction in the field of civil aviation.

2. The competence referred to in paragraph 1 shall not cover the military air navigation services, systems and facilities associated with the air bases, the air bases open to civil traffic, the military zone of the aerodromes used jointly by an air base and an airport and the military airfields and heliports, the verification and control of which shall be exercised by the Ministry of Defence.

By way of derogation from the preceding paragraph, the Ministries of Defence and Development may agree that the verification and monitoring of compliance with the requirements for the provision of services to civil aircraft and to the general air traffic on the part of the facilities, air navigation systems and military infrastructure, as well as its personnel, is carried out by the Ministry of Public Works. The exercise of these functions by the Ministry of Public Works shall in no case entail the attribution to the Ministry of administrative or sanctioning powers of the facilities, systems, infrastructures and military personnel which, if any, The Ministry of Defence shall be

.

Article 6. Coordination between the Ministries of Defense and Development.

1. The coordination of the actions that, in the field of their respective competences, correspond to the Ministries of Defense and Development will be carried out through an inter-ministerial commission composed of representatives of both Departments. The composition, the organs, the operating rules and the functions of this Commission shall be established, which shall in any case include:

(a) The report of draft general provisions on personnel and infrastructure, civil or military, affecting the powers of both Departments and air traffic.

(b) The report of the policy and strategy on the structuring, use and management of airspace, including the report on coordination and cooperation with the bordering States on the flexible use of airspace, without prejudice to the powers of other ministerial departments.

(c) The functions, including the executive and the resolution, of strategic air space management which are regulated to it, as provided for in Article 4 of Commission Regulation (EC) No 2150/2005, of 23 December 2005 laying down common rules for the flexible use of airspace.

2. Decisions taken in the exercise of decision-making functions by the body which integrates all the members of the inter-ministerial committee provided for in this Article, put an end to the administrative procedure, which may be brought before the Court of Justice. Administrative litigation.

Where the decision-making functions of other operating bodies of the Commission are regulated, their decisions shall be brought before the body referred to in the preceding paragraph in accordance with the procedure laid down in paragraph 1. for the raised resource. "

Four. Article 32 is worded as follows:

" Article 32. Subject to the obligations for security reasons.

1. They are subject to compliance with the obligations for safety reasons set out in this title by the following persons and organisations:

a) Aeronautical personnel.

b) Flight schools and aeronautical training centres and aerocclbes.

(c) Entities engaged in the design, production and maintenance of aircraft and aeronautical products.

d) Air operators.

e) Air carriers and air service companies.

f) Air navigation service providers.

g) Airport services agents and suppliers.

(h) Managers of airports, aerodromes and other airport facilities.

i) Passengers, other users of aeronautical services.

j) Collaborative entities in the field of aeronautical inspection.

2. They are also subject to compliance with the obligations established for safety reasons by any natural or legal person whose actions or omissions, in the terms provided for in this Title, may put security at risk, regularity or continuity of operations. "

Five. In Title IV, a new Article 42a of the following wording is added:

" Article 42a. Specific obligations in relation to risks to the security, regularity or continuity of operations.

The subjects referred to in Article 32 are required to:

Abstain, inside or outside the airport enclosure, even outside the scope of protection of any established aeronautical easements, to carry out any acts or activities or to use elements, objects or lamps, including laser projectors or emitters, which may lead to confusion or error, interfere with or endanger the safety or regularity of aeronautical operations. '

Six. A new Article 48b is added which is worded as follows:

" Article 48b. Infringements in relation to air traffic flow management (ATFM).

1. In the framework of Commission Regulation (EU) No 255/2010 of 25 March 2010 laying down common rules on the management of air traffic flows (the rest of the Article, the Regulation), they constitute infringements. (hereinafter ATFM) administrative matters relating to the management of air traffic flows (hereinafter referred to as ATFM).

2. Minor violations are the following actions or omissions:

a) In relation to air traffic service providers:

1. The lack of coordination of air traffic services (ATS) units, through the local ATFM unit, with the ATFM central unit when ATFM measures are to be applied.

2. The omission by the ATS notification offices, the exchange of information between pilots or operators and the local or central ATFM unit, where appropriate.

3. The lack of coordination, by the ATS units with the airport manager concerned, of the ATFM measures applied to airports.

4. The lack of notification by ATS units to the ATFM central unit, through the local ATFM unit, of all incidents that may affect the air traffic control capacity or the traffic demand air.

5. The lack of information with the required quality levels or their supply in time or undue form, by ATS units to the ATFM central unit, of the following data and their subsequent updates:

i. Availability of airspace in the air traffic control (hereinafter, ATC) sectors and structures of the permanent defined routes;

ii. ATS unit sector configurations and activations;

iii. runtimes at the aerodrome;

iv. capabilities of the air traffic control and airport sector, as far as ATC capacity values are concerned;

v. road availability in application of the flexible use of airspace in accordance with Commission Regulation (EC) No 2150/2005 of 23 December 2005 laying down common rules for the use of air space flexible airspace;

vi. updated flight positions;

vii. deviations from flight plans;

viii. the availability of airspace in application of the flexible use of airspace in accordance with Regulation (EC) No 2150/2005;

ix. actual flight take-off times.

6. The commission by the ATS service provider of the airport tower of departure from the following actions or omissions:

i. The non-inclusion of an ATFM exit strip as part of the air traffic control authorisation, when a flight is subject to that slot.

ii. The authorization of flights that do not respect the ATFM exit slots.

iii. The authorisation of the take-off of flights which do not respect their estimated time outside the estimated time, taking into account the temporary tolerance established.

iv. Authorization for take-off of flights whose flight plan has been rejected or suspended.

v. Lack of information on non-compliance and on measures taken to ensure respect for ATFM exit slots, where the annual respect of ATFM exit slots at an airport is equal to or less than that of the 80%.

vi. The lack of information on the authorisation to take off an aircraft with a flight plan denied or suspended at the airport of departure and on the measures taken to prevent such situations.

b) In relation to air operators:

1. The lack of flight plan, for each flight, where it is required in accordance with the Regulation, or that the flight plan does not correctly reflect the intended flight profile.

2. The lack of incorporation into the flight operation of the applicable ATFM measures and their changes and the omission of the duty to communicate them to the pilot.

3. The non-compliance with the estimated time out, taking into account the temporary tolerance laid down in the ICAO provisions applicable in accordance with the provisions of the Annex to the Regulation.

4. The lack of updating or cancellation of a flight plan when it is regulated as such.

5. The lack of submission of a report to the ATFM central unit on each non-compliance with the ATFM measures including details of the circumstances that have resulted in the absence of flight plan or flight plans multiple and the measures taken to correct such non-compliance.

6. The lack of supply, departure and arrival airports, in advance of flight, of the information necessary to establish a correlation between the flight designator indicated in the flight plan and the one notified to the flight plan corresponding airport strip.

7. The lack of supply of the information and details of the exemptions granted in relation to ATFM measures, when requested by the competent authority.

8. The use of the exemptions to the non-justified ATFM measures according to the applicable regulations.

(c) In relation to the airport managers, the lack of notification to the ATFM central unit, directly or through the local ATFM unit and the ATS units or both, of all incidents likely to affect the the air traffic control capacity or the air traffic demand, and the omission of information to the local ATFM unit and the ATS units in the case of direct notifications to the ATFM central unit.

(d) In relation to the air traffic flow management entities:

1. The not made available to the local ATFM function for twenty-four hours of the day.

2. The lack of the necessary training of their staff for the performance of their duties, as well as not to elaborate, facilitate and update the operations manuals to be applied by such staff.

e) In relation to airport managers and air traffic service providers, the lack of prior coordination with operators affected by critical situations to establish relevance and content of the contingency procedures, including any modifications to the rules of priority.

f) in relation to air traffic service providers and air traffic flow management entities, not to establish or impede the establishment of consistent procedures for cooperation in the field of air traffic services; air traffic flow management.

g) In relation to air operators, airport operators, air traffic service providers and air traffic flow management entities, the non-adoption of measures to ensure that they are in place personnel are duly informed of the provisions of the Regulation and receive appropriate training and are competent for the performance of their tasks.

3. The offences referred to in paragraph 1 shall constitute serious infringements where one of the qualifying circumstances referred to in Article 44 (2) occurs.

4. These are very serious violations:

a) Failure or defective compliance with the declared critical situation management ATFM procedures.

(b) Minor infringements where one of the qualifying circumstances provided for in Article 44 (3) is present. "

Seven. Article 52 (1) is amended in order to add a new point (g), by listing the current point (g) as (h), in the following wording:

" (g) In the case of infringements in relation to the management of air traffic flows (ATFM), civil air traffic service providers (ATS), aircraft operators, airport operators or airport operators, entities for the management of the air traffic flow. '

Eight. A new 19th additional provision is added with the following wording:

" Additional Disposition 19th. Negative administrative silence.

1. For overriding reasons of general interest relating to air safety, they shall be understood as falling within the exception provided for in Article 43.1 of Law No 30/1992, the Legal Regime of Public Administrations and the Administrative Procedure. Common procedures for the authorisation of air operations and the use of airspace and special operations.

2. For imperative reasons of general interest in the field of safety, the maximum period for notifying the decision in the procedures for the authorisation of operations and activities carried out by remote-controlled aircraft without delay shall be without delay. the requested authorisations shall be deemed to be refused by administrative silence. '

Nine. The following amendments are made to Article 68:

1. In Article 68.2, points (d) and (e), which are amended as follows, are amended as follows: point (i) is deleted and points (j) and (k) respectively are renumbered as (i) and (j):

" (d) By the inspection and control services of passengers and baggage in the airport enclosures as well as the means, facilities and equipment necessary for the provision of the control and surveillance services in the aircraft movement areas, free access areas, controlled access areas and security restricted zones throughout the airport enclosure linked to the public property benefits.

e) By making passengers of airport facilities unavailable to visitors on terminals, platforms and runways, necessary to be able to make their air transport contract effective. "

2. Paragraph 3 is deleted.

Ten. Articles 73, 79, 80, 81, 91 and 92, Chapter IV of Title VI and additional provisions fourteenth and fifteenth are deleted.

Article 54. Amendment of Royal Decree-Law 13/2010 of 3 December 2010 on actions in the field of taxation, labour and liberalisation to encourage investment.

Royal Decree-Law 13/2010 of 3 December 2010 on actions in the field of taxation, labour and liberalisation to encourage investment is amended as follows:

One. Article 8 (a) is worded as follows:

" (a) It shall apply the same procurement regime as envisaged for the business public entity Enaire, having regard to each other and with respect to the General Administration of the State of undertakings associated with the effects of the Law 31/2007 of 30 October 2007 on procurement procedures in the water, energy, transport and postal services sectors.

In addition to the management of the assets assigned to you as provided for in the following article, you will guarantee in the contracts you make to do so, that the same are in accordance with the principles of concurrency, advertising, transparency, equal treatment and non-discrimination. "

Two. Article 13 (3) is worded as follows:

" 3. The Government shall establish the composition and operating arrangements of the Airport Coordination Committees, whose members shall represent the public administrations, the Council of Chambers and the economic and social organisations. representative in the respective Community or City with autonomy status. In any case, its composition shall include the participation of:

(a) Two representatives of the Ministry of Public Works, one of whom will exercise the Presidency.

b) Two representatives of the respective Community or City with Autonomy status.

c) Two representatives of Aena, S.A., appointed by its Board of Directors.

d) Three representatives of the local corporations, appointed on a proposal from the association of municipalities and provinces of autonomy.

e) A representative of the Council of Chambers of the Community or City with autonomy status.

f) Two representatives of representative economic and social organizations in the respective Community or City with Autonomy status, designated by the latter.

g) A representative of the Government Delegation of the respective Community or Autonomous City, designated by the Government Delegate.

In the event of absence, vacancy or illness or any other justified cause, the members of the Committee shall be replaced by their alternates.

The representative of the Ministry of Public Works of the Presidency, shall appoint his alternate, as well as the other representative of this Department, holder and alternate. The alternates of the other vowels shall be designated by the bodies responsible for the designation of the titular vowel.

The Airport Coordination Committee of the respective Community or City with Autonomy status will meet at least twice a year and whenever requested by an absolute majority of its members. A coordination committee may be set up for each airport on the basis of annual passenger traffic, in the terms of the rules laid down in this Regulation.

The airport director shall be a full member of the coordination committee of the airport concerned. "

Article 55. Amendment of Law 3/2013 of 4 June of the creation of the National Commission on Markets and Competition.

Law 3/2013, of 4 June, of the creation of the National Commission on Markets and Competition, is amended as follows:

One. Article 10 is worded as follows:

" Article 10. Monitoring and control of airport charges.

The National Commission on Markets and Competition will perform the following functions on airport charges:

1. Inform the Airport Regulation Document (DORA) and its modifications, as well as the closure or disposal of airport facilities or infrastructure, as provided for in Law 18/2014 of 15 October, approval of measures urgent for growth, competitiveness and efficiency.

2. Monitor compliance with the transparency and consultation procedure carried out by Aena, S.A., and that the updates of its airport charges are in line with the percentage of the maximum annual revenue per adjusted passenger. (IMAAJ), as provided for in Law 18/2014 of 15 October 2014, for the approval of urgent measures for growth, competitiveness and efficiency, and to declare the application of the tariff amendments established by the managing body of the airport where the tariff changes have been made in breach of the provided for in that rule.

3. To issue binding resolutions in relation to the transparency and consultation procedure that Aena, S.A., must carry out, as provided for in Law 18/2014 of 15 October, approving urgent measures for growth, competitiveness and efficiency.

4. Ensure that the airport charges in Aena, S.A. are not applied in a discriminatory manner.

5. To resolve the disputes between Aena, S.A. and the associations representing users of the airports of the network in respect of airport charges provided for in Article 12 (c) or, in the terms of the regulation, those which could individually raise airport user companies.

6. To publish an annual report on its activity as a supervisory authority on airport charges, where appropriate, by incorporation into annual memory.

7. Perform any other functions assigned to you by Law or Royal Decree. "

Two. Article 12 (c) is worded as follows:

" (c) In the field of airport charges, the National Commission of the Markets and the Competition will resolve the resources in respect of the decisions of Aena, S.A., regarding the modification of the system or level of its tariffs In the case of the airport network, the airport operator will be able to provide the services of the airport network with the airport network, which will be used for the purposes of the airport. airport. The Commission shall accumulate the processing of the resources submitted.

For these purposes, representative associations of users of the network of airports in Aena, S.A., as defined in Article 19 (d) of Law 18/2014 of 15 October 2014, are considered to approve urgent measures for the growth, competitiveness and efficiency.

This resolution will include the revised revised tariff modification, which will replace the content of the decision of Aena, S.A., and, where appropriate, the standards that correspond to the indicators and levels of quality of service. that it considers acceptable and consistent with the revised tariff modification.

The revised tariff modification of the National Commission of the Markets and the Competition will have to respect the annual maximum income per adjusted passenger (IMAJ) that results from applying the corrections set out in the article 33 of Law 18/2014, of 15 October, of approval of urgent measures for growth, competitiveness and efficiency, to the maximum annual income per passenger (IMAP) adopted for the exercise in the Document of Airport Regulation (DORA).

In this proceeding the Commission will verify that the decision of Aena, S.A., has been produced in accordance with the procedure laid down in Law 18/2014 of 15 October, of approval of urgent measures for growth, the competitiveness and efficiency, is in line with the requirements set out in the Airport Regulation Document (DORA), ensures the sustainability of the network and accessibility to the airports integrated into it, as well as to the sufficiency of revenue, it responds to the principles of non-discrimination, objectivity, efficiency and transparency, justified, in accordance with the provisions of the Airport Regulation Document (DORA) for traffic and investment forecasts, and the requirements and needs of airport user companies. "

CHAPTER II

Improving competitiveness in the port sector and increasing private investment in port infrastructure

Article 56. Modification of the recast text of the Law of Ports of the State and the Merchant Navy, approved by the Royal Legislative Decree 2/2011 of 5 September.

The recast text of the Law of Ports of the State and the Merchant Navy, approved by the Royal Legislative Decree 2/2011 of 5 September, is amended as follows:

One. Article 72 (1) is amended by adding the following final paragraph:

" Also exceptionally, for reasons of general interest duly accredited and for the purpose of their preservation, in other disused infrastructures other than the headlights, located within the port public domain subject to protection provided that they form part of the historical heritage, the prohibition of hotel facilities, as well as hostels or accommodation, may be lifted, provided that they do not condition or limit the provision of port services or control customs. The lifting of the ban shall be carried out on the same terms and conditions as those laid down for headlamps. '

Two. Article 82 is worded as follows:

" Article 82. Deadline for the concessions.

1. The time limit for concessions shall be that determined in the corresponding title and shall not exceed 50 years. The following criteria shall be taken into account for the fixing of the same:

a) Link of the object of the concession to the port activity.

b) Availability of port public domain space.

c) Investment volume and financial economic study.

d) Deadline for execution of the works contained in the project.

e) Adequation to port planning and management.

f) The activity increment that you generate on the port.

g) Life of the investment to be made by the dealership.

2. The maturity of the concession period shall coincide with that of the authorisation of the activity or of the licence to provide the service, and shall be non-renewable except in the following cases:

(a) Where the possibility of one or more extensions has been expressly provided for in the title of grant, in which case, at the request of the holder and in the opinion of the Port Authority, it may be extended without the initial period together with the period of the carry-overs, the maximum period of 50 years may be exceeded.

In concessions with regard to the provision of port services, the sum of the initial period provided for in the concession and that of the carry-overs may not exceed the amount laid down in Article 114.1. in cases where the number of service providers has been limited.

(b) Where the possibility of an extension is not provided for in the grant title, the concessionaire shall make a significant investment not initially provided for in the concession and which has been authorised by the Authority. Port, both in the concession and, where appropriate, in the concession modified by extension of its surface provided that they form an operating unit and that, in the opinion of the Harbour Authority, is of interest to improve the productivity, the energy efficiency or the environmental quality of port operations, or the introduction of new technologies or processes which increase their competitiveness and which, in any case, exceed 20% of the updated value of the investment initially provided for in the concessional title, the deadline may be extended, not may exceed the maximum period of 50 years in total. The extension of the concession shall determine the modification of the conditions of the concession, which must be accepted by the concessionaire prior to the decision granting the extension.

(c) Exceptionally, the Port Authority, after a binding report by Ports of the State, may authorise extensions not provided for in the administrative title which, together with the initial period, exceed the 50-year period in total, any of the following assumptions:

c1) In those concessions that are of strategic or relevant interest to the port or to the economic development of its zone of influence, or assume the maintenance in the port of the competition in the market of the port services, where it undertakes to undertake a further additional investment involving an improvement in the overall efficiency and competitiveness of the activity carried out, in the terms referred to in point (b) above, with the exception of the amount of the new additional investment to be greater than 50% of the updated value of the planned in the concessional title.

c2) When the concessionaire makes a contribution, which will not have a tax nature, to the financing of any of the following assumptions to improve the competitive position of the ports in its area of influence and the intermodality in the transport of goods:

Land connection infrastructures between the general common transport networks and the existing service areas of the ports or dry ports on whose ownership a public port body is involved.

Adaptation of the infrastructure in the general rail network of common use to operate trains of at least 750 m in length.

Improving the overall common transport networks, in order to enhance the competitiveness of intermodal transport and rail freight transport.

This economic commitment, which will not have a tax nature, will be included in the modified concession and must be implemented within the maximum period of six months from the granting of the extension of the concession. The amount of this economic commitment may not be less than the greater of the following amounts:

The difference in value, at the time of the application, between the grant without extension and the extension of the extended concession. These assessments must be carried out by an independent company designated by the Port Authority and at the expense of the concessionaire.

20 percent of the initial investment updated.

In the cases referred to in points (a), (b) and (c) above, the sum of the time limits for carryovers may not exceed half of the initial period. In order to grant these extensions, at least the third part of the period of validity of the concession shall be required, except where, due to exceptional circumstances, it is previously authorized by Ports of the State. In these cases, the level of committed investment and the time limits for implementation will need to be implemented.

In the case of point (c2), the maximum period of the extension, together with the initial period, may be 75 years and may be requested provided that the investment levels committed to be in operation have been implemented. an agreement with the provisions of the concessional title, with a minimum of 20% of the updated initial investment.

In all cases it will be necessary for the concessionaire to be aware of the compliance with the other obligations arising from the concession.

(d) Where the concessionaire who holds a licence for the provision of the port service for the handling of goods increases the percentage of employed workers in the common labour relationship over the minimum the initial period of the concession may be extended, at the discretion of the Harbour Authority, without in any case exceeding the maximum period of 50 years, and provided that the concessionaire is current in the performance of the the obligations arising from the concession, irrespective of whether the extension of the concession or not referred to in the concessional title.

The increase in the period of validity of the concession may be, at most, 35 percent for the case that the number of workers hired in the common labor relationship will cover one hundred percent of the activities. Members of the port service, reduced proportionally for lower percentages, and provided that such percentage increase has not occurred as a result of the decrease in the traffic of the concession, and are maintained during the period extended the conditions that led to the extension. "

Three. Article 114 (1) (d) (d) shall be amended

follows:

" 3. º With significant investment in fixed works and installations that have an impact on service delivery:

When the works are harbour harbour infrastructures, locks, berthing works, sea or land access, works of filling or consolidation and improvement of land on large surfaces: 50 years.

In another case: 30 years. "

Four. A new Article 159 a is added, which is worded as follows:

" Article 159 bis. Port Land Accessibility Financial Fund.

1. The Port Land Accessibility Financial Fund, whose resources will be exclusively applied to the financing of the construction of the road and rail infrastructure necessary to provide adequate accessibility, is created. ports of general interest of the State from the current limit of its service area to the point of connection with the general transport networks open to common use, as well as to the improvement of the general transport networks for the common use of the effects of enhancing the competitiveness of the intermodal transport of road goods and railway. This Fund, which will be administered by the Ports of the State and the Port Authorities, falls within the funds lacking in legal personality regulated in Article 2.2 of Law 47/2003, of November 26, General Budget. The operation and implementation of funds shall be determined.

2. The Port Land Accessibility Financial Fund will be nurtured annually from the contributions that, with a loan character, will be made by the State Ports and the Port Authorities.

3. In the case of granting loans from the Financial Fund for Port Land Accessibility, Article 160 of the Royal Legislative Decree 2/2011, which approves the recast text of the Law on Ports of the State and the Marine Merchant. "

Five. Paragraph 5 (5) of the second transitional provision (1) is amended, which is worded as follows:

" Five. Under no circumstances may it be granted an extension of the period of the concessions existing to the entry into force of Law 27/1992 of 24 November, under conditions which are contrary to the provisions of this Law or the provisions implementing it, (a) a period of time which, accumulated at the time of the initial grant, exceeds the limit of 35 years, except in the cases and conditions referred to in the transitional provision of this Law. "

Six. A new transitional provision is added which is worded as follows:

" Transient disposition tenth. Extension of the deadline for concessions granted prior to the entry into force of Royal Decree-Law 8/2014 of 4 July 2014 on urgent measures for growth, competitiveness and efficiency.

1. The initial period of the concessions granted before the entry into force of the Royal Decree-Law 8/2014, of July 4, of urgent measures for the increase, the competitiveness and the efficiency, can be extended by the Harbour Authority, request of the concessionaire and prior favorable report of Ports of the State, when the concessionaire commits, at least, to one of the following obligations:

(a) new investment in the terms referred to in Article 82 (2) (b), except as regards the minimum level of investment.

(b) economic contribution, which shall not be of a tax nature, to the financing of land-based infrastructure between the general public transport networks and the existing service areas of ports or ports; dry ports on whose ownership port public bodies are involved, as well as the improvement in those networks which favour the competitive position of ports in their area of influence and intermodality in the transport of goods.

(c) reduction by at least 20% of the maximum rates included in the concessional title, updated as provided for in that Title, or, where applicable, in the specifications of the specific requirements of the services port.

The extension agreement and the fixing of the time limit for the extension must be motivated taking into account the remaining duration of the concession, the amount of investment made during the duration of the concession and which has been authorized by the Port Authority and the newly engaged, the useful life of the same and the economic-financial memory of the concession at the time of its granting and at the time of the request for extension of time, considering in its Case, the new investment committed, the contribution to the financing of connection infrastructures and/or the proposed tariff rebate. In any case, the total amount of the concessionaire's commitment must not be less than the greater of the following amounts:

The difference in value, at the time of the application, between the grant without extension and the extension of the extended concession. These assessments must be carried out by an independent company designated by the Port Authority and at the expense of the concessionaire.

20 percent of the initial investment updated.

The extension of the concession period may not exceed 2/5 of the initial period and will compensate for the new investment commitments to be made prior to the end of the current period, as well as the reductions in the cash flows provided for as soon as the extension of the period until the end of the period in force at the time of the request for enlargement occurs due to the tariff reduction and/or the contribution to the financing of the connection infrastructure. The period resulting from such an extension shall not exceed the limits laid down in Article 82 of this Law.

It will be necessary to obtain the extension provided for in this provision that the concessionaire is aware of in the fulfilment of all obligations arising from the concession.

The extension of the concession will determine the modification of the conditions of the concession, including the new commitments acquired and the moment of its execution, which must be accepted by the concessionaire before the resolution on their granting.

2. The concessionaire shall have a maximum period of one year, starting from the entry into force of Royal Decree-Law 8/2014 of 4 July 2014, of urgent measures for growth, competitiveness and efficiency, in order to make its application to the Port Authority, which shall be accompanied by the economic and financial memories of the concession at the time of its granting and at the time of the application for enlargement in which the investment commitments are included, the contribution to the financing of infrastructure for connection and improvement of transport networks and/or tariff reduction proposals.

3. The extension of the concession period referred to in paragraph 1 of this transitional provision shall not be taken into account for the purposes of the assessment of the rescue or the review of the concession and shall not alter the existing legal situation in respect of the to the works and installations executed by the concessionaire that, to the entry into force of the Royal Decree-Law 8/2014, of July 4, of urgent measures for the increase, the competitiveness and the efficiency, have reversed to the Harbour Authority, thus as to the rate of occupation that is required for its use. In respect of works and installations which have not been reversed, the scheme provided for in this Law shall apply.

4. Dealers who prior to the entry into force of this Law would have submitted a request for an extension pursuant to Article 82 of the recast text of the Law of State Ports and the Merchant Navy, approved by Royal Legislative Decree 2/2011, of 5 September, and which are in the process, will be able to opt within one year to count from the entry into force of the Royal Decree-Law 8/2014, of July 4, of urgent measures for the increase, the competitiveness and efficiency, between the continuation of the procedure under the previous legislation, or the voluntary improvement of the application for the purposes of adapting it to the new regulation, keeping the acts and formalities the content of which is not altered by the new regulation.

5. The extension of the initial period of the concession, when it serves as a support for the provision of port services, will enable the concessionaire to request the extension of the time limit for the licence. Such a request shall be made in accordance with the conditions relating to the maximum time limits for the licence to provide the port service of Article 114, without the extension of an extension of an event for the purposes of paragraph 2 of the said application. article, so that both titles end on the same date.

6. The extension of the concession period will be compatible with the extensions granted or processed prior to the Royal Decree-Law 8/2014, of July 4, of urgent measures for growth, competitiveness and efficiency, subject in any case as set forth in this provision. "

TITLE III

Urgent measures in the energy field

CHAPTER I

Liquefied petroleum gases

Article 57. Amendment of Law 34/1998 of 7 October of the hydrocarbon sector.

Law 34/1998 of 7 October of the Hydrocarbons Sector is amended in the following terms:

One. Article 47.3 is deleted.

Two. An additional thirteenth provision is added with the following wording:

" Additional 30th 3rd. Obligation for the home supply of liquefied petroleum gases packed in containers with a load equal to or greater than 8 kilograms and less than 20 kilograms and maximum selling prices to the public.

1. Users with a contract for the supply of liquefied petroleum gases, for containers with a load of 8 kilograms or more and less than 20 kilograms, with the exception of mixing packages for uses of liquefied petroleum gases as fuel, they shall have the right to be supplied to them in their own home.

On a peninsular level and in each of the island and extra-island territories, the wholesale operator of LPG with the highest market share for its sales in the liquefied petroleum gas sector, in packaging with a load equal to or greater than 8 kilograms and less than 20 kilograms, with the exception of mixing packages for uses of liquefied petroleum gases as propellant, shall have the obligation to supply to any petitioner of the same within the relevant territorial scope.

2. The list of wholesale operators of LPG with a supply obligation shall be determined by resolution of the Director-General for Energy Policy and Mines every three years. This resolution will be published in the "Official State Gazette".

When market developments and the business structure of the sector require it and, in any case, every five years, the government will review the conditions for exercising the obligation imposed on this Disposition or agree to the extinction of the market. of the same.

3. Notwithstanding the provisions of Article 38 of this Law, as long as the conditions of competition and competition in this market are not considered sufficient, the Minister of Industry, Energy and Tourism, prior to the Agreement of the Government Delegate for Economic Affairs, the maximum prices for the sale to the public of liquefied petroleum gases, packed in containers of 8 kg or more and less than 20 kilograms, of which the value of the product is greater than 9 kilograms, shall be determined by the public. of the mixing packages for uses of liquefied petroleum gases as fuel, establishing specific values of these prices or a system of automatic determination and updating of those prices. The maximum price will incorporate the cost of the home supply.

4. Without prejudice to the provisions of the above paragraphs, in the case where the LPG operator with a home supply obligation, in packages with a load equal to or greater than 8 kilograms and less than 20 kilograms, does not have Packages of a size greater than 9 kilograms, the obligation to supply the house to the maximum selling prices referred to in paragraph 3 shall be extended to packages of a size of less than 9 kilograms, in the relevant field territorial.

5. LPG operators shall provide the Directorate-General for Energy Policy and Mines with the information required for the performance of their duties, in particular for the purposes of the application, analysis and monitoring of the the obligation to provide home supply, supplies of liquefied petroleum gases made and the maximum selling prices to the public, referred to in the preceding paragraphs. '

Article 58. List of wholesale operators of LPG with the obligation of home supply of liquefied petroleum gases packaged.

In accordance with the additional thirtieth provision of Law 34/1998, of 7 October, of the Hydrocarbons Sector, the wholesale operators of LPG with the obligation of home supply of liquefied petroleum gases packaged, in packages with a load equal to or greater than 8 kilograms and less than 20 kilograms, with the exception of mixing packages for uses of liquefied petroleum gases as propellant, shall be as follows:

Scope	LPG Operator with Home Supply Obligation
Peninsula	Repsol Butano, S.A.
City of Ceuta	Atlas S.A., Fuels and Lubriants
City of Melilla	Atlas S.A., Fuels and Lubriantes.
Autonomous Community	Disa Gas, S.A.
Balearic Islands Autonomous Community	Repsol Butano, S.A.

This listing may be updated in the assumptions and in the manner provided for in that additional provision.

CHAPTER II

Economic sustainability of the natural gas system

Article 59. Economic and financial sustainability.

1. The actions of the Public Administrations and the subjects engaged in regulated activities in the natural gas sector will be subject to the principle of economic and financial sustainability, understood as the capacity of the system to satisfy the full costs of the same, as laid down in the legislation in force.

2. The revenue of the gas system shall be intended solely for the remuneration of regulated activities for the supply of gas.

3. Companies holding assets subject to regulated remuneration to which specific rules involving higher costs are applied in some of their areas may establish conventions or other mechanisms with the following: General government to cover the cost of the accident. In no case will the cost of these rules be part of the remuneration recognised by these companies, and therefore cannot be covered by the income of the gas system.

4. The costs of the system shall be financed by the revenue of the gas system. These costs, which shall be determined in accordance with the provisions of this Law and its implementing rules, shall be as follows:

a) Remuneration for transport, regasification, basic storage and distribution activities.

b) Remuneration for the technical management of the system.

c) Rate of the National Commission for Markets and Competition and the Ministry of Industry, Energy and Tourism.

(d) Where appropriate, the differential cost of the supply of liquefied natural gas or manufactured gas and/or propane other than natural gas in island territories that do not have connection with the pipeline or facilities network for regasification, as well as the remuneration corresponding to the tariff supply made by distributive companies, in these territories.

(e) Measures for the management of the claim, in the event that they are recognised as being regulated, in accordance with Article 84.2 of Law 34/1998 of 7 October of the hydrocarbon sector.

(f) Annuity corresponding to the temporary mismatches referred to in Article 61 of this Law, with their corresponding interests and adjustments.

g) Any other cost expressly attributed by a standard with legal status that is intended solely for the regulation of the gas system.

5. The revenue of the system shall be sufficient to satisfy all the costs of the gas system.

Any regulatory measure in relation to the gas system that would result in an increase in costs for the system or a reduction in revenue should include an equivalent reduction of other cost items or an increase in revenue. revenue equivalent that ensures the balance of the system.

6. On an annual basis, by order of the Minister of Industry, Energy and Tourism, with the agreement of the Government Delegation for Economic Affairs, and after report of the National Commission of the Markets and the Competition, a forecast will be approved the evolution of the different revenue and cost items of the gas system for the next six years.

Article 60. Remuneration of regulated activities.

1. The remuneration methodology for regulated activities in the natural gas sector shall be considered as the costs necessary to carry out the activity by an efficient and well-managed undertaking in accordance with the principle of carrying out the activity to the lower cost for the gas system with homogeneous criteria throughout the Spanish territory, without prejudice to the specific features of the island territories. These economic regimes will allow for appropriate remuneration to be paid to a low-risk activity.

2. The remuneration parameters for regasification, basic storage, transport and distribution activities will be fixed for six-year regulatory periods, taking into account the cyclical situation of the economy, the demand for gas, the evolution of costs, efficiency gains, adequate remuneration for these activities and the economic and financial balance of the system during the regulatory period.

However the above every three years may be adjusted, for the remainder of the regulatory period, to the remuneration parameters in the event that there are significant variations in the revenue and cost items.

During the regulatory period, neither the rate of financial remuneration nor the efficiency ratio can be modified for productivity improvements. No automatic update formula shall be applied to investment securities, remuneration, or any parameter used for its calculation, including unit costs of investment, operation and maintenance and any other price or charge per the provision of services associated with the supply of natural gas regulated by the General Administration of the State.

3. For the assets of regasification, basic storage and transport, the rate of financial remuneration of the asset with the right to pay in charge of the gas system shall be referred to the performance of the State Obligations to ten years in the Secondary market increased with a suitable differential. The rate of financial remuneration shall be fixed for each regulatory period.

4. The remuneration for the investment of the facilities of the basic network of the natural gas system shall be calculated from its net value.

5. The cost consideration shall not be recognised as the operating gas for self-consumption required by regasification plants.

6. By Order of the Minister of Industry, Energy and Tourism, prior to the Agreement of the Government of the Government for Economic Affairs and the report of the National Commission of the Markets and the Competition, it will be possible to establish, after application of the holder of the regasification plant, a unique and temporary economic regime for the delivery of logistic services of LNG. These services must be provided under long-term contracts and their main object will not be access to the Spanish gas system for the supply of domestic demand. This special and temporary scheme shall be effective during the term of the term of the contract in the long term.

These services, when affected by international competition, may be able to bring about conditions for access to facilities and tolls and charges for the provision of such services. between the parties involved, subject to the principles of objectivity and non-discrimination. In any event, the principle of economic and financial sustainability in the gas system must be ensured, and the revenue obtained by means of tolls and charges must be equal to or greater than the remuneration recognised by the installation. In the event of access to the Spanish gas system for the supply of domestic demand, the toll applied shall not be lower than that laid down for the remaining regasification plants of the system.

In case the delivery of such LNG logistics services is necessary for new investments, these will not be assumed by the gas system.

Article 61. Temporary mismatch between revenue and system costs.

1. Annual mismatch between revenue and costs of the gas system shall be deemed to occur if the difference between income and liquidable costs of an financial year results in a negative amount.

2. In the event that the annual mismatch exceeds 10% of the eligible income for the financial year, the following year's tolls and access charges shall be increased in order to recover the amount exceeding that limit.

In the event that the sum of the annual mismatch and the recognised annuities outstanding of amortisation exceeds 15% of the net income of the year, the tolls and charges for the following year shall be increased to the the amount exceeding that limit is recovered.

The part of the mismatch which, without exceeding the above limits, is not compensated for by the increase in tolls and charges shall be financed by the persons in the settlement system, in proportion to the remuneration corresponding to them by the activity.

These subjects will be entitled to charge the unadjusted contributions resulting from the final settlement over the following five years, with priority being paid to the rest of the system's costs in the settlements. corresponding. For this purpose, an interest rate will be recognised under conditions equivalent to those of the market to be fixed by the Minister for Industry, Energy and Tourism.

Also, if, in the monthly settlements on account of the final of each financial year, transitional deviations between revenues and costs appear, these deviations will be borne by the subject of the settlement system. in proportion to the remuneration corresponding to them in each monthly settlement.

3. If the annual mismatch between income and recognised remuneration results in a positive amount, this amount shall be allocated to the settlement of outstanding annuities corresponding to mismatches in previous years, first applying to the referred to in paragraph 2 and below those relating to the accumulated deficit of the gas system at 31 December 2014.

In any case, as long as there are outstanding annuities of amortisation from previous years, the tolls and charges may not be revised downwards.

Article 62. Remuneration for regulated activities of natural gas from 1 January 2014 until the entry into force of Royal Decree-Law 8/2014 of 4 July 2014 on urgent measures for growth, competitiveness and efficiency.

1. The remuneration of each distribution company, from 1 January 2014 until the date of entry into force of Royal Decree-Law No 8/2014 of 4 July 2014, which will be called the first period of 2014, will be the proportional share up to that date of the figure. which is set out in Annex IV (1) of Order IET/2446/2013 of 27 December 2013 establishing the tolls and charges associated with third party access to gas installations and the remuneration of regulated activities.

To this remuneration, as well as to the remuneration for 2013, the adjustments provided for in the legislation will be made once known better forecasts or definitive figures for the number of consumers and sales made in those years.

2. The remuneration of each operator of transport facilities, regasification plants and basic storage facilities, from 1 January 2014 until the date of entry into force of Royal Decree-Law No 8/2014 of 4 July 2014, shall be the proportional to that date as set out in Annex IV, paragraphs 2.3, 4 and 5 of Order IET/2446/2013 of 27 December 2013.

Article 63. Determination of the remuneration of the natural gas distribution activity.

1. The Minister of Industry, Energy and Tourism, with the agreement of the Government's Delegation for Economic Affairs, will approve the remuneration for each of the distribution companies for the period from the entry into force of the Royal Decree-Law 8/2014 of 4 July 2014 until 31 December 2014, which will be referred to as the second period of 2014.

To this end, the Ministry of Industry, Energy and Tourism will forward to the National Commission of the Markets and the Competition to report a proposal of remuneration for each of the companies that will be calculated by application of the methodology set out in Annex X, taking into account the period of implementation.

2. The remuneration to be collected from 1 January 2015 until the end of the first regulatory period shall be calculated in accordance with the methodology set out in Annex X to this Act.

The Minister of Industry, Energy and Tourism, with the agreement of the Government's Delegation for Economic Affairs, will approve the remuneration for each year. To this end, before 1 October each year, the National Commission on Markets and Competition will send to the Ministry of Industry, Energy and Tourism a proposal for remuneration for each of the distribution companies.

The National Markets and Competition Commission will forward together with the proposal for remuneration for each company identified in the previous paragraph, that of all those parameters of Annex X that are necessary for the calculation of this.

3. The secondary transport facilities which, at the date of entry into force of Royal Decree-Law 8/2014 of 4 July 2014, do not have the approval of the implementing project, shall have the consideration of distribution facilities for the purposes of the scheme. remuneration and will not be subject to mandatory planning.

The remuneration parameters of the distribution activities may be reviewed by the Government before the beginning of the following regulatory period, without prejudice to Article 60.2. If this review is not carried out, they shall be deemed to be extended for the following regulatory period.

Article 64. Determination of the remuneration of the activities of regasification, transport and basic storage of natural gas.

1. The Minister of Industry, Energy and Tourism, with the agreement of the Government Delegation for Economic Affairs, will approve the remuneration for each of the companies holding regasification, transport and storage facilities. Natural gas basic for the period from the entry into force of Royal Decree-Law 8/2014 of 4 July 2014 until 31 December 2014, which will be referred to as the second period of 2014.

To this end, the Ministry of Industry, Energy and Tourism will forward to the National Commission of the Markets and the Competition to report a proposal of remuneration for each of the companies that will be calculated by application of the methodology set out in Annex XI, taking into account the period of implementation.

2. The remuneration to be collected from 1 January 2015 until the end of the first regulatory period shall be calculated in accordance with the methodology set out in Annex XI to this Act.

The Minister of Industry, Energy and Tourism, with the agreement of the Government's Delegation for Economic Affairs, will approve the remuneration for each year. To this end, before 1 October each year, the National Commission on Markets and Competition will send to the Ministry of Industry, Energy and Tourism a proposal for the remuneration of each of the companies holding the regasification, transport and basic storage of natural gas.

The National Commission of the Markets and Competition will forward together with the proposal for remuneration for each company identified in the previous section the one of all the parameters of Annex XI that are necessary for the calculation of this.

3. The remuneration methodology set out in Annex XI shall not apply to secondary transport facilities or to primary transport facilities not included in the backbone, which at the date of entry into force of the Royal Decree-law 8/2014 of 4 July 2014 does not provide for the approval of the project for the implementation of the installations.

The government, by royal decree, will establish the methodology of the remuneration regime applicable to these primary transportation facilities not included in the trunk network.

4. The remuneration parameters and the rate of remuneration may be reviewed by the Government before the beginning of the following regulatory period, without prejudice to Article 60.2. If this review is not carried out, they shall be deemed to be extended for the following regulatory period.

Article 65. First regulatory period.

1. For the activities of transport, regasification, basic storage and distribution, the first regulatory period shall be initiated on the date of entry into force of Royal Decree-Law 8/2014 of 4 July and shall end on 31 December 2020. From 1 January 2021, the following regulatory periods will be followed in a row and each of them will last for six years.

2. With effect on the remuneration to be received since the entry into force of this Law, and during the first regulatory period, the rate of return on the assets of transport, regasification, basic storage with the right to pay in charge of the gas system shall be the average of the yield of the State Obligations to ten years on the secondary market between holders of non-segregated accounts of the 24 months preceding the entry into force of the increased rule with a differential that will take the value of 50 basis points.

Article 66. Recognised gas system costs for 2014 and the following year.

(a) At the costs of the gas system listed in Article 59.4 of this Law, the following shall be added for the periods indicated:

The amount corresponding to the accumulated deficit of the gas system at 31 December 2014 will be determined in the definitive liquidation of 2014.

The liquidations system will have the right to recover the annuities corresponding to that accumulated deficit in the settlements corresponding to the following fifteen years, recognizing an interest rate in conditions equivalent to those of the market.

The amount of deficit recognized, the corresponding annuity and the interest rate applied will be approved by order of the Minister of Industry, Energy and Tourism, on the proposal of the National Commission of the Markets and the Competition and a favourable report of the Committee of Economic Affairs.

Annuities corresponding to this deficit will have the same charging priority as those referred to in Article 61.2 having the same treatment as annual mismatches.

(b) The diversion corresponding to the remuneration of natural gas destined for the market at tariff from the contract of Algeria and supplied through the Maghreb pipeline, as a consequence of the Lauto dictation by the Court Paris Arbitration International on August 9, 2010.

The total amount to be collected for this surcharge is quantified at 163,790,000 euros, which will be recovered over a period of five years. Annually, from the year 2015 until 31 December 2019 inclusive, EUR 32,758,000 will be recovered, with an interest rate being recognised in terms of market equivalent to be approved by the Minister for Industry, Energy and Energy. and Tourism. This amount shall be passed on in proportion to the volume of gas consumed among all the consumption levels of Group 3 at the driving toll and shall be wound up to the undertaking which owns the natural gas contract of Algeria and supplied to through the Maghreb gas pipeline referred to in Article 15 of Royal Decree-Law 6/2000 of 23 June of Urgent Measures to Intensify Competition in Goods and Services Markets.

CHAPTER III

Other measures in the field of the hydrocarbon and mining sector

Article 67. Amendment of Law 34/1998 of 7 October of the hydrocarbon sector.

Law 34/1998 of 7 October of the hydrocarbon sector is amended as follows:

One. A new paragraph 6 is added to Article 9 of Law 34/1998 of 7 October of the hydrocarbon sector with the wording of the following wording:

" 6. All geographical coordinates included in the corresponding research permit delimitations and hydrocarbon exploitation concessions shall be defined from the official geodetic system of reference in Spain. '

Two. Article 63 (3) is amended as follows:

" 3. Undertakings that own facilities belonging to the backbone of pipelines shall operate and manage their own networks, or transfer the management of such networks to an independent network manager in the cases provided for in this Law.

Transport network managers must meet the following conditions:

a) No natural or legal person shall be entitled:

1. To exercise control, in a direct or indirect manner, on an undertaking which carries out production or supply activities and to exercise control, directly or indirectly, or to exercise rights in a transmission system operator or in the backbone network of pipelines.

2. To exercise direct or indirect control over a transmission system operator or a trunk transport network and to exercise control, directly or indirectly, or to exercise rights in a company carrying out any of the functions of the network. production or supply.

(b) No natural or legal person shall have the right to appoint the members of the administrative body of a transmission system operator or a backbone of transport, and, directly or indirectly, to exercise control or exercise rights in a company that performs any of the production or supply functions.

(c) No natural or legal person shall have the right to be a member of the administrative body, at the same time in a company carrying out any of the production or supply functions and of a manager of the network of transport or trunk network of transport.

The rights set out in points (a) and (b) above shall include in particular:

1. The ability to exercise voting rights.

2. The faculty to appoint members of the administrative organ or bodies legally representing the company.

3. The possession of a majority party as provided for in Article 42.1 of the Trade Code.

For the purposes of paragraph 3 (a), it shall also be included in the concept of 'undertaking carrying out any of the production or marketing functions' to those performing the generation activities. or supply in the electricity sector and in the term "transmission system operator" to the operator of the electricity system or transmission system operator in the electricity sector.

However, the above, those carriers, which were the owners of the backbone of the trunk network before 3 September 2009, and which are part of a business group to which they belong companies that develop production or marketing activities do not comply with the provisions of the preceding paragraph, may choose to maintain ownership of the backbone network as long as they give their management to a manager of an independent network under the conditions laid down in Article 63c. '

Three. Article 63 (4) (d) is worded as follows:

" (d) Companies carrying out regulated activities shall establish a code of conduct in which the measures taken to ensure compliance with the provisions of points (a), (b) and (c) above are laid down. referred to the Ministry of Industry, Energy and Tourism and the National Commission for Markets and Competition.

The code of conduct shall establish specific obligations of employees, and their compliance shall be subject to appropriate supervision and evaluation by the competent person or body designated by the company to that effect. The person in charge of assessing compliance shall be fully independent and shall have access to all the information of the company and any of its subsidiary companies that it requires for the development of its functions.

Before 31 March each year, the person in charge of assessing compliance will present a report to the Ministry of Industry, Energy and Tourism and the National Commission on Markets and Competition, which will be published in the the website of the company and the website of the Commission, indicating the measures taken to comply with the provisions of points (a), (b) and (c) above. "

Four. Article 63a (1) is worded as follows:

" 1. Commercial companies acting as transmission system operators or independent network operators shall be authorised and designated as such by the Minister for Industry, Energy and Tourism at the request of the interested parties.

Transport network managers, including independent network managers, must obtain prior certification of compliance with the separation of activities requirements granted by the National Commission of the Markets and Competition in relation to compliance with the separation of activities requirements set out in Article 63.3 and in accordance with the procedure set out in the following paragraphs.

The National Markets and Competition Commission shall monitor that the company designated as the transmission system operator remains in compliance with the requirements set out in Article 63.3.

The designations of the transmission system operators shall be notified to the European Commission for the purposes of their publication in the Official Journal of the European Union. "

Article 68. Amendment of Law 22/1973 of 21 July of Mines.

Article seventy-six. Two of Law 22/1973, of 21 July, of Mines, is worded as follows:

" 2. The perimeters of the research permits and operating concessions shall be requested and defined by means of geographical coordinates, taking as a starting point the intersection of meridian with the parallel corresponding to one any of the vertices of the perimeter, such that the surface is constituted by one or more mining grids.

The lengths will be referred to the Greenwich meridian. The ETRS89 system (European Terrestrial Reference System 1989) will be the geodetic reference system in Spain for geographical and cartographic reference in the area of the Iberian Peninsula and the Balearic Islands. In the case of the Canary Islands, the system will be the REGCAN95. Both systems will have associated the GRS80 ellipsoid and will be materialized by the framework that defines the National Geodesic Network by Space Techniques, REGENT, and its densifications. The coordinate representation systems to be used for compiling and publishing the official geographical mapping and information are: for terrestrial mapping, basic and derived, at scales equal to or less than 1:500,000, the reference system The ETRS-Conica coordinates of Lambert and for scales greater than 1:500,000, the ETRS-Transverse coordinate reference system of Mercator.

The provisions of the preceding paragraph may be modified by royal decree. "

CHAPTER IV

Energy efficiency measures

Section 1. National System of Energy Efficiency Obligations

Article 69. Establishment of a national system of obligations.

1. The national system of energy efficiency obligations shall be established, under which gas and electricity trading companies, operators of wholesale petroleum products, and liquefied gas operators shall be assigned to the wholesale oil, hereinafter, subject to the obligation of the system of obligations, an annual share of energy saving at national level, called savings obligations.

The resulting savings obligations shall be, in aggregate for the duration of the system, equivalent to the objective assigned to Spain by Article 7 of Directive 2012/27/EU of the European Parliament and of the Council of 25 October 2012 on energy efficiency, amending Directives 2009 /125/EC and 2010 /30/EU and repealing Directives 2004 /8/EC and 2006 /32/EC, after deduction of the savings from the alternative measures referred to in Article 7.9 of that Directive.

2. The period of duration of the national energy efficiency obligation system shall comprise from the entry into force of this Act, until 31 December 2020.

3. For the purpose of verifying the trajectory towards the fulfilment of the objective assigned to Spain, a review of the system may be carried out for the period from 1 January 2017 to 31 December 2020.

Article 70. Distribution of the annual horse target.

1. The annual savings target, the share rates between the corresponding obliged subjects, as well as the resulting savings quotas or obligations and their financial equivalence, shall be fixed annually by the order of the Minister of Industry, Energy and Tourism, with the agreement of the Government Delegation for Economic Affairs and previous report of the Institute for Energy Diversification and Savings.

The annual energy savings target to be determined shall be apportioned among the obligors proportionally, in the case of the gas and electricity markets, to the volume of their final energy sales at national level. final consumers, and in the case of wholesale operators of petroleum products and liquefied petroleum gases, to the volume of their final energy sales at national level for later retail distribution and to final consumers, expressed in GWh, during the second year preceding the annual period of the obligation.

In the event that an obligor had initiated its final energy sales activity at national level during the second year preceding the annual period of the obligation, the allocation of the annual energy savings target would be shall make on the basis of its final energy sales forecast for that annual period of the obligation. In this case, the obligation shall be reviewed once the effective sales data are available for that subject under the obligation during the annual obligation period and the amounts corresponding to the variations resulting from the data provided. for those subject to a positive or negative obligation, they shall be compensated by the National Energy Efficiency Fund.

In the event that a obligated subject has caused a loss as a marketer or wholesale operator, it shall only be considered liable for the purposes of this Law for the part of the annual period of obligation up to the moment of its discharge.

2. For these purposes, the obligated subjects shall submit annually, before 30 September, to the Directorate-General for Energy Policy and Mines the energy sales data for the previous year, expressed in GWh.

In the event that an obligated subject had initiated its final energy sales activity at the national level in the previous year, it must submit before September 30 to the General Directorate of Energy Policy and Mines the final energy sales forecast for the following year, expressed in GWh.

Article 71. Compliance with Energy Savings obligations and certificates.

1. In order to ensure compliance with the annual energy saving obligations, the obligated subjects will have to make an annual financial contribution to three parts, no later than 28 February, 30 April and 30 June each year. year, for the amount resulting from multiplying their annual savings obligation by the financial equivalence established, to the National Energy Efficiency Fund referred to in the following Article.

By order of the Minister of Industry, Energy and Tourism will determine the financial equivalence based on the estimated average cost to mobilize investments in all sectors of actions necessary to achieve the annual savings target.

2. Alternatively, and in the terms that the Government regulations regulate, a mechanism for accreditation of the achievement of an amount of energy savings equivalent to the fulfilment of the obligations of the system may be established. This mechanism shall be based on the presentation of marketable energy savings certificates (CAE), resulting from the performance of energy efficiency actions that are defined in a catalogue and which comply with the requirements and conditions This catalogue shall be established, the management of which shall be the responsibility of the Energy Diversification and Saving Institute.

In order to obtain and transmit energy savings certificates, the system of energy efficiency obligations must be accredited under the conditions to be determined by regulation. The persons who are accredited shall be required to take out civil liability insurance or other financial guarantee covering the risks that may arise from their actions in the minimum amount to be established by means of a royal decree.

This mechanism will also include a control system that will include the material verification of a statistically significant part of the certified energy efficiency improvement measures.

3. The inspection and processing of sanctioning procedures resulting from the failure to comply with the obligations laid down in this Law and in its development provisions in relation to the national system of efficiency obligations energy will be the responsibility of the Ministry of Industry, Energy and Tourism.

Article 72. National Energy Efficiency Fund.

1. The National Energy Efficiency Fund, without legal personality, is set up to finance national energy efficiency initiatives, in compliance with Article 20 of Directive 2012/27/EU of the European Parliament and of the European Parliament. Council of 25 October 2012.

2. The National Energy Efficiency Fund will be dedicated to the financing of economic, financial, technical assistance, training, information, or other measures to increase energy efficiency in different sectors of energy. they contribute to the achievement of the national energy savings target established by the National System of Energy Efficiency Obligations provided for in Article 7 of that Directive.

3. The administrative costs incurred by the Fund may be covered by the Fund's appropriations. For these purposes, administrative expenditure shall be considered, inter alia, to those which lead to the management of the Fund, the drawing up of studies and reports, technical assistance for the definition of action measures and for the measurement, control, verification and certification of the energy savings obtained by the implementation of the measures supported by the Fund, by the entity to which the Fund is responsible.

Article 73. Organization, management and control of the Fund.

1. The National Energy Efficiency Fund will be attached to the Ministry of Industry, Energy and Tourism, through the Secretary of State for Energy.

2. The Fund's management is allocated to the Institute for Energy Diversification and Savings.

3. The supervision and control of the Fund shall be the responsibility of a Monitoring and Control Committee attached to the Ministry of Industry, Energy and Tourism, through the Secretariat of State of Energy, which shall be composed of the holders of:

a) The Directorate General for Energy Policy and Mines.

b) The Directorate-General of the Energy Diversification and Saving Institute.

c) The Economic Office of the Government Presidency.

d) A representative with the rank of Director General of the following ministerial departments:

1. Ministry of Finance and Public Administrations.

2. Ministry of Public Works.

3. Ministry of Agriculture, Food and Environment.

4. Ministry of Economy and Competitiveness.

The Secretary of the Committee shall be appointed by the President, among the officials of the Ministry of Energy Secretary of the Ministry of Industry, Energy and Tourism with the rank of Deputy Director General.

The government, by means of royal decree, may modify the composition of the Committee.

4. The tasks of the Committee shall be as follows:

(a) To ensure compliance with the proper implementation of the Fund's resources in accordance with the established guidelines on measures for the promotion of energy saving and efficiency in the various sectors of activity.

b) Track financial investments by checking compliance with the principles of security, profitability and liquidity.

c) Formulate reports at least semi-annually on the implementation of the Fund's activities.

d) Develop the annual report for financial control purposes. The Committee may agree to request this report from the General Administration of the General Administration of the State. In this case, where the Fund is mostly provided by contributions from the General Budget of the State, the General Administration of the State will be required to audit the General Intervention Report.

Article 74. Economic envelope of the National Energy Efficiency Fund.

1. The Fund shall be equipped with:

(a) Resources from Community structural funds ERDF.

(b) The contributions of the subjects required by the national system of energy efficiency obligations in terms of compliance or settlement of their savings obligations.

(c) Other contributions to be entered in the General Budget of the State.

(d) Any other resource to finance actions that aim to implement energy saving and efficiency measures.

2. Contributions to the Fund's endowment shall be entered into the account specified that the Institute for Energy Diversification and Savings shall open up as a deposit scheme and shall be identified by publication on its website.

Article 75. Contribution obligations to the National Efficiency Fund in 2014.

1. For the year 2014, an aggregate savings target of 131 kteps or 1,523.26 GWh is established.

Financial equivalence is set for 2014 at 0.789728 million euros per ktep saved or 67,916.58 euros per GWh saved.

2. The obliged subjects shall make their contribution to the National Energy Efficiency Fund by 15 October 2014 at the same time as the amount resulting from the application of this coefficient to their savings quotas resulting from the annual quota respective of the figures for energy sales to final customers, by volume, reported for 2012, by the National Commission on Markets and Competition dated 25 November 2013.

3. Exceptionally and only for 2014, those subject to a final sales volume in 2012 equal to or less than 5 kteps shall not be obliged to contribute to the National Energy Efficiency Fund.

4. The required subjects, their respective shares, savings obligations and their financial equivalence for the period of application corresponding to the year 2014, resulting from the application of the criteria set out above, are laid down in a definitive manner. in Annex XII to this Law.

5. The subjects required for the year 2014 included in Annex XII, and those who are required under Article 69 of this Law, must submit before 30 September 2014 to the Directorate-General for Energy Policy and Mines. the energy sales data for the year 2012, expressed in GWh.

In case a bound subject had initiated its final energy sales activity at the national level during the year 2012, it shall forward to the General Directorate of Energy Policy and Mines the forecast for energy sales. final for the year 2014, expressed in GWh.

Changes resulting from the data provided relating to the required subjects, percentages, sales and other variables, and those set out in accordance with paragraph 2 of this Article, may be taken into account, in the positive sense or negative, to determine the corresponding amount for each subject under obligation in the year 2015.

Section 2. Other measures in the field of efficiency

Article 76. Civil liability insurance by energy service providers.

Energy service providers must have a liability insurance or other financial guarantee that covers the risks that may arise from their actions, taking into account that they can manage actions of a certain risk such as, inter alia, the execution and management of energy saving and energy efficiency projects in the industrial sector and the building sector.

The minimum amount of the guarantee will be established by royal decree.

Section 3. Infringement Regime and Sanctions on Energy Efficiency

Article 77. Responsible.

The natural or legal persons who perform by action or omission acts constituting an infringement, even in the title of simple non-compliance, shall incur administrative responsibility in accordance with the provisions of this Chapter, without prejudice to the liability in criminal, civil or other law for the purposes of giving rise.

It shall not be liable for persons who have committed the infringements to be integrated into temporary associations of undertakings, economic interest groups or communities of property without personality.

Article 78. Violations.

1. Administrative violations of energy efficiency actions and omissions that are typified as such in this Chapter.

2. In no case shall a double administrative penalty be imposed for the events which have been sanctioned, in cases where the identity of the subject, fact and substance is assessed.

Article 79. Infringements within the scope of the national energy efficiency obligations system.

1. The following are very serious infringements in the field of the energy efficiency obligations system:

(a) Stop entering the amounts corresponding to the National Energy Efficiency Fund within the legal or regulatory time-limits when the annual contribution is greater than EUR 5 million.

(b) Stop providing the energy savings certificates that correspond to justify compliance with the obligation to save the national system manager of energy efficiency obligations when the annual obligation exceed 70 GWh.

c) Obtaining an energy saving certificate by providing false documentation.

d) The distortion or concealment of data on energy sales or any other information requested by the Administration.

e) Obtaining the status of an accredited subject in the national system of energy efficiency obligations by providing false documentation.

(f) Non-compliance by the accredited subjects with the obligation to maintain the validity of the liability insurance contract or financial guarantee covering the risks that may arise from their actions.

2. The following are serious infringements in the field of the energy efficiency obligations system:

(a) Stop entering within the statutory or statutory time limits the amounts corresponding to the National Energy Efficiency Fund when the annual contribution is greater than EUR 500,000 and less than 5 Millions of euros.

(b) Stop providing the energy savings certificates that correspond to justify compliance with the obligation to save the national system manager of energy efficiency obligations when the annual obligation exceeds 7 GWh and does not exceed 70 GWh.

c) Obtaining an energy saving certificate by providing inaccurate documentation when there is an economic benefit to the accredited subject.

d) The communication of inaccurate data on energy sales or any other information requested by the Administration, when it represents a benefit to the offender.

e) The delay in the communication of data on energy sales or any other information requested by the Administration, which prevents the determination of savings obligations.

3. The following are minor infringements in the field of the energy efficiency obligations system:

(a) Stop entering the amounts corresponding to the National Energy Efficiency Fund within the legal or regulatory time-limits when the annual contribution is equal to or less than EUR 500,000.

(b) Stop providing the energy savings certificates that correspond to justify compliance with the savings obligation to the national system manager of energy efficiency obligations where the annual obligation is equal to or less than 7 GWh.

c) Obtaining an energy saving certificate by providing inaccurate documentation when there is no economic benefit to the accredited subject.

d) The communication of inaccurate data on energy sales or any other information requested by the Administration, when it does not constitute a benefit to the offender.

e) The delay in the communication of data on energy sales or any other information requested by the Administration, which does not prevent the determination of savings obligations.

(f) Any other non-compliance with the obligations and obligations arising from the national system of energy efficiency obligations that does not constitute a very serious or serious infringement.

Article 80. Infringements in the field of energy audits, accreditation of service providers and energy auditors, promotion of energy supply efficiency and accounting for energy consumption.

1. They constitute very serious breaches in the field of energy audits, accreditation of service providers and energy auditors, promotion of energy supply efficiency and accounting for energy consumption:

(a) Non-performance of the energy audit within the statutory or statutory time limit.

b) Accreditation as an energy service provider or energy auditor through the provision of false documentation.

(c) Non-compliance by energy service providers with the obligation to maintain the validity of the liability insurance contract or financial guarantee covering the risks arising from their liability. actions.

2. They constitute serious breaches in the field of energy audits, accreditation of energy service providers and auditors, promotion of energy supply efficiency and accounting for energy consumption:

(a) The performance of the energy audit without its content reaching the minimum requirement and criteria laid down in law or regulation.

(b) Failure to comply with the obligation to carry out the cost and benefit analysis in cases established in the promotion of energy efficiency in the production and use of heat and cold.

(c) Failure to comply with the obligation to install individual (heat, cold and/or hot water) consumption counters or alternative solutions provided that it is economically and/or technically feasible.

d) The exercise of the service provider activity without complying with the required legal or regulatory requirements.

e) The exercise of the activity of the energy auditor without complying with the required legal or regulatory requirements.

3. They constitute minor infractions in the field of energy audits, accreditation of service providers and energy auditors, promotion of energy supply efficiency and accounting for energy consumption:

(a) Failure to communicate the performance of the audit to the relevant competent body for further inclusion in the Administrative Register of Energy Audits.

b) Any other non-compliance with the duties and obligations established in the field of energy audits, accreditation of energy service providers and auditors, promotion of energy supply efficiency and accounting for energy consumption that does not constitute a very serious or serious infringement.

Article 81. Penalties for breaches of the national system of energy efficiency obligations as defined in the national system.

1. Infringements established in the field of the national energy efficiency obligation system shall be sanctioned as follows:

(a) For the commission of the very serious infringements the infringer fine shall be imposed for amount not less than 6,000,001 euros and not more than 60,000,000 euros.

(b) The commission of serious infringements shall impose a fine of not less than EUR 600,001 and no more than EUR 6,000,000.

c) For the commission of minor infractions a fine will be imposed on the infringer a fine of up to 600,000 euros.

2. Very serious infringements may be sanctioned, in addition to the fine, with the loss or impossibility of acquiring the status of accredited subject of the national system of energy efficiency obligations by a period not less than two years and not more than five years depending on the circumstances.

Serious infringements in addition to the corresponding fine may be sanctioned with the loss or impossibility of acquiring the status of accredited subject of the national energy efficiency obligations system. for a period of not less than one year and not more than two years depending on the concurrent circumstances.

3. In any event the amount of the penalty shall not exceed 10% of the annual amount of the business figure of the offending subject, or 10% of the annual net amount of the consolidated business figure of the parent company of the group to the which belongs to that company, as the case may be.

4. If, by reason of the circumstances at issue, a qualified reduction in the guilt of the offender or the anti-legal person is assessed, or if the economic situation of the duly accredited offender is addressed, the penalty should be (a) the penalty may be determined by the court of law of the Member State of the Court of State in which the person concerned is entitled to the right of the person to whom he or she is a member of the institution. be treated.

5. In any event, the specific amount of the penalty to be imposed by the commission for each infringement shall be graduated, within the limits indicated, taking into account the following criteria:

a) The importance of damage or deterioration caused.

b) The degree of participation in the action or omission typified as an infringement and the benefit obtained from it.

c) The intentionality in the commission of the infringement and the reiteration thereof.

d) The recidivism by commission within one year of more than one infringement of the same entity when it has been declared by a firm resolution on the administrative path.

e) Any other circumstances that may affect the greater or lesser degree of the likelihood of the infringement.

f) The duration of the delay in fulfilling the obligations.

Article 82. Penalties for the offences of energy audits, accreditation of service providers and energy auditors, promotion of energy supply efficiency and accounting for energy consumption.

1. In the imposition of the penalties established, in the field of energy audits, accreditation of suppliers of energy services and auditors, promotion of energy supply efficiency and accounting for energy consumption, it shall be appropriate to ensure that the seriousness of the constituent act of the infringement is appropriate and the sanction applied according to the following scale:

(a) Very serious infringements will be punishable by a fine of € 10,001 to € 60,000.

(b) Serious infringements shall be punishable by a fine of EUR 1,001 to EUR 10,000.

(c) The minor infractions shall be punishable by a fine of EUR 300 to EUR 1,000.

2. However, where the offence has been punishable by injury to third parties, to public administrations or to the environment, or to profits for the infringer, the above amounts shall be raised as follows:

(a) Very serious infringements shall be punishable by at least EUR 30 000 or, if the damage caused or the profit obtained is greater, with the estimated amount of damage or profit obtained and, at most, the figure resulting from multiplying by 2 the estimated amount of damage caused or the profit obtained with the maximum limit of 100,000 euros.

(b) Serious infringements shall be punishable by at least EUR 3 000 or, if the damage caused or the profit obtained is greater, with the estimated amount of damage or profit obtained and, at most, the figure resulting from multiplying by 1.5 the estimated amount of damage caused or the profit obtained with the maximum limit of 30,000 euros.

(c) The minor infractions shall be punishable by at least 600 euros or, if the damage caused or the profit obtained is greater, with the estimated amount of damage or profit obtained with the maximum limit of 3,000 euros.

3. In any event, the specific amount of the penalty to be imposed by the commission for each infringement shall be graduated, within the limits indicated, taking into account the following criteria:

a) The importance of damage or deterioration caused.

b) The degree of participation in the action or omission typified as an infringement and the benefit obtained from it.

c) The intentionality in the commission of the infringement and the reiteration thereof.

d) The recidivism by commission within one year of more than one infringement of the same entity when it has been declared by a firm resolution on the administrative path.

e) Any other circumstances that may affect the greater or lesser degree of the likelihood of the infringement.

f) The duration of the delay in fulfilling the obligations.

4. Very serious infringements may be sanctioned, in addition to the fine, with the disqualification for the exercise of the activity for a period of not less than two years and not more than five years in the light of the circumstances concurrent.

Serious infringements in addition to the corresponding fine may be sanctioned with the disablement for the exercise of the activity for a period of not less than one year and not more than two in the light of the circumstances concurrent.

Article 83. Limitation of infringements and penalties.

1. The limitation period for the offences provided for in this Chapter shall be three years for the very serious, two for the serious and six months for the minor.

2. The limitation period for the penalties provided for in this Chapter shall be three years for the very serious, two years for the serious and one year for the minor.

3. For the purposes of calculating the time limits for the limitation of infringements and penalties, the provisions of Article 132.2 and 3 of Law 30/1992 of 26 November of the Legal Regime of Public Administrations and of the Administrative Procedure shall be provided for. Common.

In the case of continued infringement, the limitation period shall begin to count from the moment of the completion of the activity or the last act with which the infringement is consumed. In the event that the facts or activities constituting an infringement are unknown because they are not external signs, the time limit shall be computed from the fact that they are manifest.

Article 84. Competence to instruct and resolve.

1. The instruction of the sanctioning procedures arising from the administrative offences established within the scope of the national system of energy efficiency obligations as well as the file, after resolution, of the actions taken shall be the body of the relevant Directorate-General of the State Secretariat for Energy.

2. The competence for the imposition of penalties for infringements in the field of the national energy efficiency obligation system shall be:

(a) To the Council of Ministers for the imposition of sanctions by the commission of very serious infractions.

b) To the Minister of Industry, Energy and Tourism for the imposition of sanctions by the commission of serious infractions.

c) The Secretary of State for Energy for the imposition of minor sanctions.

Article 85. Nature of the sanctions and responsibilities.

1. The amount of the penalties, as well as the economic content of the other acts of enforcement which are established in accordance with the provisions of this Law and its implementing provisions, shall be of a nature of public law and may be required by the administrative procedure for a regulated award in the General Recovery Regulation approved by Royal Decree 939/2005 of 29 July.

2. The administrative responsibility for the offences defined in this Law does not exclude those from another order to be taken.

3. Penalties imposed on different subjects as a result of the same infringement shall be independent of each other.

4. Acts which have been punishable by criminal or administrative punishment may not be sanctioned in cases where the identity of the subject, fact and substance is assessed.

5. Where the offence may be a criminal offence or a failure, the prosecution procedure shall be transferred from the fault to the Prosecutor's Office, pending the processing of the offence until such time as a final judgment is given. put an end to the cause or return the actions by the Prosecutor's Office.

6. If the existence of a crime has not been appreciated, the competent administrative body shall continue the criminal case. The facts found proven in the final court judgment will bind that body.

7. The administrative responsibility arising from the infringements regulated in this Law is extinguished by the payment or enforcement of the penalty and by prescription.

Article 86. Sanctioning procedure.

1. The procedure for imposing the penalties provided for in this Law, in which the stages of instruction and resolution shall be duly separated, shall be in accordance with the provisions of Law No 30/1992 of 26 November 1992 on the Public administrations and the Common Administrative Procedure, and in their regulatory development regulations, with the particularities set out in the other articles of this chapter.

2. The maximum period for the resolution and notification in these sanctioning procedures in which the steps of instructions and processing shall be duly separated shall be one year from the date on which they are initiated. After the expiry of that period, the procedure shall be stated to be valid and the file of the proceedings shall be ordered, with the effects provided for in Article 92 of Law No 30/1992 of 26 November 1992 on the legal system of public and public administrations. Common Administrative Procedure.

TITLE IV

Measures to promote employability and occupation

CHAPTER I

National Youth Guarantee System

Section 1. General Provisions

Article 87. Object.

This chapter aims to regulate the general scheme of the National Youth Guarantee System in Spain and the procedure for paying attention to the beneficiaries of the system.

New measures are also being introduced to support training and recruitment for the collective of young people who are not engaged in or integrated into education or training systems.

Article 88. Scope of application.

The subjects participating in the National Youth Guarantee System are as follows:

(a) The General Administration of the State, the administrations of the Autonomous Communities, as well as the entities governed by public law linked to or dependent on them, each in the field of their competences.

(b) The entities that make up the Local Administration, as well as the entities governed by public law, which are linked or dependent on them, each within the scope of their powers.

c) Subjects and entities acting in the private domain.

d) Young people over the age of 16 and under 25, or under 30 years of age in the case of persons with a disability degree equal to or greater than 33 per cent, who meet the requirements set out in this Act to benefit from an action derived from the National Youth Guarantee System.

Article 89. General principles.

1. The cooperation, dialogue and consensus of all stakeholders will be promoted to promote a joint work that can be achieved in a coherent integration of policies aimed at improving employability and promoting integration into the working world of young people referred to in Article 88,d).

This collaboration involves the participation and active engagement of stakeholders in the development of measures and actions under the National Youth Guarantee System.

2. It will also ensure the implementation and implementation of the System in all Autonomous Communities and equal access to conditions for all young people under consideration, regardless of their personal and/or social circumstances, and taking into account their specific needs, with particular dedication to those in a situation of disadvantage and/or risk of exclusion.

Article 90. Objectives.

1. The objectives of the National Youth Guarantee System are as follows:

(a) All young people referred to in Article 88,d), who are not engaged in or integrated into education or training systems, may receive an offer of employment, continuing education, apprentice training or a traineeship after formal education has ended or become unemployed, through the implementation of a Youth Guarantee Scheme to be developed in their respective competence frameworks by the entities referred to in points (a), (b) and (c) of the Article 88.

Attention may be given to young people who expressly request it by means of effect, regardless of whether they are registered or not as jobseekers, and will be linked to the realisation of a profile with the characteristics of the person to attend.

b) Develop support measures or programs, with special impact on the following lines:

1. Enhancement Of Intermediation.

2. Enhanced employability.

3. Promotion of hiring.

4. Promotion of entrepreneurship.

c) To monitor and evaluate all the actions and programs of the Youth Guarantee, in order to adapt and update the implementation, thus guaranteeing the efficient and efficient use of the resources and returns positive of the investment.

2. In order to take part in the measures and actions referred to in the previous paragraph, the minimum age legally required to carry out the activity in question must be respected in any event.

Article 91. Need for enrollment.

To benefit from the attention of the National Youth Guarantee System it will be necessary to be registered in the file of the National Youth Guarantee System, which is created by this Law.

Section 2. National Youth Guarantee System

Subsection 1. First Creation of the National Youth Guarantee System file

Article 92. Creation and nature.

1. The National Youth Guarantee System file is created, which constitutes the official information and monitoring system on the implementation of the Youth Guarantee in Spain and, as such, the single list of demand and support for the registration of persons interested in actions implemented in the context of the Youth Guarantee.

The file will have administrative nature and will be integrated into the National Youth Guarantee System.

2. The file is also constituted as the tool for tracking the actions and programs of the System and evaluating the results achieved.

3. The Directorate-General of the Ministry of Employment and Social Security, which has responsibility for the administration of the European Social Fund, shall be the body responsible for the organization and management of the file and the person responsible for adopting it. measures to ensure the confidentiality, security and integrity of the data contained therein. Decisions, resolutions or agreements relating to the subject matter of the file correspond to that management body.

4. Decisions of the body responsible for the file may be brought before the Secretary of State for Employment in the form and time limits provided for in Article 107 et seq. of Law No 30/1992 of 26 November 1992. Legal of Public Administrations and of the Common Administrative Procedure.

5. In addition, the Autonomous Communities may, in the field of their powers, create specific files to facilitate the registration and processing of information, provided that they comply with the requirements laid down in this Regulation. section. Such files shall, in any case, contain the set of data referred to in Article 95, without prejudice to any additional specifications which may be required by the holder of the file.

Regardless of the file used, the data recorded will be kept in a single computer system, in which the generated information will be deposited and that will allow integration with other systems, to guarantee the compliance with the provisions of Article 91.

The Ministry of Employment and Social Security will establish the mechanism to comply with the provisions of the previous paragraph.

6. The entities and subjects referred to in Article 88 (a), (b) and (c) shall accede to the file and shall have the necessary information, in order to be able to carry out the necessary actions arising from the National Guarantee System. Youth.

Article 93. Functions of the file.

The file has the following functions:

(a) Support, in its field of application, for the conservation and access, by the entities referred to in Article 88 (a), (b) and (c), to the data of the registered users voluntarily.

b) Provide the competent bodies with the information necessary for the planning and management of the System.

(c) Ensuring that the actions and measures developed under the Youth Employment Initiative, as well as the European Social Fund Operational Programmes that can be developed for the implementation of the Youth Guarantee, are applied exclusively to the subjects enrolled in the file.

d) Promote the development of actions and measures through the availability of information that allows the analysis of the situation and the evolution of the resources executed.

e) Contar with a basic profile of each registered young person, which may be supplemented by the corresponding Autonomous Community, according to the assessment of the attributes defined at the level of each action or measure of the Single Catalogue of actions developed in the National Plan for the Implementation of the Youth Guarantee.

(f) Facilitating the subjects referred to in Article 88 (a), (b) and (c) as entities that will develop the attention of the beneficiaries of the National Youth Guarantee System, the information needed for the (a) the preparation of the itineraries and the verification of compliance with the requirements required in accordance with the content of the calls and the actions they may develop.

g) Allow monitoring and evaluation of actions carried out in the framework of the Youth Guarantee.

Article 94. Support.

1. The file shall be implemented in electronic form and its design and structure shall allow the entities referred to in points (a), (b) and (c) of Article 88 to have the information necessary to carry out and justify the actions which carry out in the field of the National Youth Guarantee System. It will also allow its consultation by electronic means.

2. In accordance with Article 27.6 of Law 11/2007 of 22 June 2007 on the electronic access of citizens to public services, the communications of the entities described in points (a), (b) and (c) of Article 88 with the file will be made by electronic means.

Article 95. Data set.

1. The following data shall be entered in the file:

(a) Authorisation for the assignment and consultation of personal data by the persons and entities established in Article 88 (a), (b) and (c).

b) Personal data: A set of identifying information for applicants as a natural person and legal information of residence.

c) Other Personal Data: Includes the social and economic aspects of the user collective that are relevant from the Youth Guarantee point of view.

d) Training: Comprises all the training received, whether it is academic teaching or not, as well as training in languages, meats, certificates of professionalism, etc.

e) Work experience: Information on experience in job performance, with job description, company, duration, etc.

f) Interests: Reflect users ' professional preferences or concerns.

g) Responsible statement of the registered users declaring the certainty of the data provided and a commitment of active participation to achieve the highest effectiveness of the System.

h) The actions or measures offered, with an indication of the degree of development achieved in the process of care.

2. The Ministry of Employment and Social Security is enabled, through the Directorate-General which has the responsibility for the administration of the European Social Fund, to define or specify the content of each of these data.

Subsection 2. Enrollment in the National Youth Guarantee System

Article 96. Object of the enrollment.

In order to benefit from an action arising from the Youth Guarantee framework, it will be necessary to register with the objective that the subjects referred to in Article 88 (a), (b) and (c) may identify persons They are interested in meeting the requirements set out in this Law, as well as their personal, educational, training, work experience, among others, which are relevant to the subsequent attention.

Article 97. Requirements for enrollment.

The following requirements are set for enrolling in the National Youth Guarantee System:

(a) To have Spanish nationality or to be citizens of the Union or of the States party to the Agreement on the European Economic Area or Switzerland located in Spain in the exercise of free movement and residence.

Foreign holders of an authorization to reside in Spanish territory that you enable to work may also be registered.

b) Be registered in any locality of the Spanish territory.

c) Having more than 16 years and less than 25 years, or less than 30 years in the case of persons with a degree of disability equal to or greater than 33 percent, at the time of applying for registration in the National Guarantee System file Youth.

d) Not having worked in the natural thirty days prior to the filing date of the application.

e) Not having received educational actions that involve more than forty hours a month in the ninety calendar days prior to the filing date of the application.

(f) Not having received any training actions that involve more than forty hours a month in the 30 calendar days prior to the filing date of the application.

g) Present an express declaration of interest in participating in the National Youth Guarantee System, acquiring a commitment to active participation in the actions that are developed in the framework of the Guarantee Youth.

In the event that the person concerned has completed his or her participation in the education system or may be the recipient of second-chance programmes referred to in Article 106, the requirement (e) referred to in this Article shall be subject to not having received educational actions which involve more than forty hours a month in the 30 calendar days prior to the date of filing of the application.

Article 98. Procedure for registration.

1. The process of registration in the National Youth Guarantee System file will be initiated at the request of the person concerned, by means of their identification or representation through the existing mechanisms, in a telematic way through the electronic headquarters of the Ministry of Employment and Social Security.

Electronic identification may be made using electronic DNI, a recognized electronic certificate or other means to be established in a standard manner and which shall be provided for use by users.

2. Those persons interested in registering electronically, who do not have any of the identification systems set out in paragraph 1 of this Article, may request a user-friendly electronic identification system and password, by means of the form provided for this purpose by the Directorate-General of the Ministry of Employment and Social Security, which has the powers conferred on the administration of the European Social Fund, which may be used for the registration in the file and to carry out the other procedures that, if any, are enabled.

3. In the case of persons at risk of social exclusion, duly accredited by a certificate of the relevant social services, and/or a recognised disability equal to or greater than 33%, registration may not be required telematic by means of the form presented for this purpose by the Ministry of Employment and Social Security in the offices of registry of the General Administration of the State and the Autonomous Communities and of the established Entities Article 38 (4) of Law No 30/1992 of 26 November 1992 on the legal system of Public administrations and the Common Administrative Procedure.

4. In addition, the Autonomous Communities will be able to implement, in the field of their competences, specific mechanisms for registration. In any case, the requirements for registration are laid down in Article 97 of this Law.

Regardless of the registration procedure, the recorded data will be kept in a single computer system, where the generated information will be deposited and will allow integration with the other systems.

The Ministry of Employment and Social Security will establish the mechanism to comply with the provisions of the previous paragraph.

5. Once the applicant has verified that the basic requirements of the Youth Guarantee provided for in Article 97 are met, the application will be resolved with the registration in the file enabled, which will be communicated to the interested party. If not, your application will be dismissed, this circumstance being communicated.

If the application for registration by means of a form does not prove the requirements of Article 97, the person concerned will be required to do so.

The Directorate-General of the Ministry of Employment and Social Security, which has responsibility for the administration of the European Social Fund, will be the body responsible for resolving the registration in the file. enabled.

Enrollment in the file ends the registration procedure in the National Youth Guarantee System. Decisions of the body responsible for the file may be brought before the Secretary of State for Employment in the form and time limits provided for in Article 107 et seq. of Law No 30/1992 of 26 November 1992. Legal of Public Administrations and of the Common Administrative Procedure.

Article 99. Single list of demand.

1. Persons interested in the attention of the National Youth Guarantee System, registered in the file created for this purpose, shall become a single list of applications made available to the subjects listed in Article 88 (a), (b) and (c). they must be identified by the appropriate mechanisms, ensuring that their actions are carried out in the framework of the Youth Guarantee and in accordance with this rule.

2. The single list shall be treated and ordered by the subjects listed in Article 88 (a), (b) and (c) who shall use that data in accordance with their selection criteria and/or the rules governing their own calls or actions in accordance with Article 88 (3) of the Treaty. the development of the objectives referred to in Article 90.

3. The treatment and management of the single demand list of the National Youth Guarantee System is aimed at identifying the persons enrolled in the National Youth Guarantee System that meet the requirements established by the National Youth Guarantee System. subject to Article 88 (a), (b) and (c), the responsibility of which is the selection of beneficiaries and the integration of the information generated, for the updating of the system.

Article 100. Obligations relating to the data.

1. They are obliged to provide the data referred to in Article 95:

(a) The public authorities concerned, which shall provide information on the actions carried out under the Youth Guarantee.

(b) The entities involved in the implementation of the System, which shall provide information on the actions carried out under the Youth Guarantee.

c) The system user collective itself.

2. Each of the subjects referred to in points (a), (b) and (c) of Article 88 and Article 92 shall carry out the verification of the accuracy of the data in their possession before referring them to the file.

They will also be responsible for checking the veracity of the modifications of the data that you submit to the file.

3. The completion of these data will be mandatory to benefit from an action of the National Youth Guarantee System and will be declarative.

Subsection 3. Data Modification and Low System

Article 101. Changing the data and lowering the system.

1. It is for each of the subjects referred to in Article 88 to communicate, within the maximum period of 15 days from the date of production, of any impact on the conditions of access to the National Youth Guarantee System or of the any other data relating to users.

2. The user enrolled in the system may, at any time, unsubscribe, giving up such act to participate in the National Youth Guarantee System.

The decrease will be materialized by application through the completion of the form provided for in the electronic application linked to the file of the National Youth Guarantee System. In the case of persons at risk of social exclusion, accredited by a certificate of the relevant social services, and/or a recognised disability equal to or greater than 33%, the discharge may be requested by way of presentation of the The form is provided for this purpose by the Ministry of Employment and Social Security, in the registry offices of the General Administration of the State, the Autonomous Communities and the Entities established in Article 38.4 of the Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Procedure Common Administrative.

3. In addition, the Autonomous Communities which have established own files must, in the field of their competences, implement specific mechanisms so that the registered users can process their discharge in the system.

Regardless of these low-down procedures, data will be kept in a single computer system, where the generated information will be deposited and will allow integration with other systems.

The Ministry of Employment and Social Security will establish the mechanism to comply with this paragraph.

4. The reduction in the system will be made on its own initiative when a registered user is 25 years old, or 30 years in the case of persons with a degree of disability equal to or greater than 33%, and has been previously treated with some of the measures implemented by the subjects listed in points (a), (b) and (c) of Article 88.

Users enrolled in the system will not be discharged while they are receiving some of the measures or actions provided for in Article 106.

Registered users who have rejected any of the measures implemented in the framework of this system by the referred subjects will automatically cause low to the same when reaching the age provided for in the previous paragraph.

Those registered users who, having exceeded the age provided for in the first paragraph, have not previously been treated will remain in the system without causing a low of trade.

Article 102. Access, rectification, cancellation and opposition.

Interested persons may exercise the rights of access, rectification, cancellation and opposition to the Directorate-General of the Ministry of Employment and Social Security, which has responsibility for the administration of the European Social Fund, in the terms set out in Title III of the Implementing Regulation of the Organic Law 15/1999 of 13 December on the Protection of Personal Data, approved by Royal Decree 1720/2007 of 21 December.

In addition, the Autonomous Communities that have established own files must implement, in the field of their competences, specific mechanisms for access, rectification, cancellation and opposition.

Article 103. Data cession.

1. The transfer of data must be made with the guarantees and under the conditions laid down in the Organic Law 15/1999 of 13 December, the Protection of Personal Data and the other regulatory provisions of the matter.

2. The support, format and other characteristics of the exchange of data will be determined by the Ministry of Employment and Social Security, following agreement with the parties responsible for the development of actions within the National Guarantee System. Youth.

Subsection 4. National Youth Guarantee System Attention

Article 104. Object.

The focus of the National Youth Guarantee System is that those enrolled in it, included in the single demand list, may benefit from some of the measures or actions provided for in Article 106.

Article 105. Requirements and attention processing.

1. In order to be a beneficiary of the measures or measures provided for in Article 106, it shall be necessary, in addition to the inclusion and inclusion in the single list of applications, to comply with the specific requirements laid down in the calls or actions they develop any of the subjects listed in points (a), (b) and (c) of Article 88 as well as the maintenance of the following requirements with a view to receiving any type of attention:

a) Not having worked in the previous thirty calendar days when you received the performance.

(b) Not having received educational actions that involve more than forty hours a month in the natural ninety days prior to receiving the action.

(c) Not having received training actions that involve more than forty hours a month in the previous 30 calendar days when the performance is received.

The requirements laid down in points (b) and (c) of this paragraph shall not apply to the enjoyment of the measures referred to in Article 106 (c) and (d) and the incentives provided for in the Articles 107, 108 and 109 of this Law. Where the person concerned has completed his or her participation in the education system or may be the recipient of second-chance programmes, as referred to in Article 106, the requirement of point (b) shall be deemed to have been fulfilled. referred to in this Article shall be subject to not having received educational actions which involve more than forty hours a month in the 30 calendar days prior to the date of filing of the application.

2. The development of the process of attention from the single list of applications shall be carried out in the field of their competence by the subjects listed in Article 88 (a), (b) and (c).

3. In any event, criteria such as age, prior work experience, permanence in the workplace, and the need for a single list of applications, as referred to in Article 99, will be taken into account in order to carry out the process of care. unemployment or the level of qualification, giving priority to those young people who have not previously received care from the System and those who are closest to the maximum age envisaged in the system.

4. Registered persons may access, by electronic identification, the specific content which is enabled for the purpose of rendering them, using the means available for such identification, including user employment and the password obtained in accordance with Article 98.

5. Any subject who, in compliance with the requirements described in paragraph 1, has agreed to be a beneficiary and receives any of the actions which are carried out shall be considered to be treated. In the case of rejection of the proposed action, the subjects listed in Article 88 (a), (b) and (c) shall assess the situation and determine the appropriateness of providing further action to those subjects who, having been referred to as beneficiaries, do not meet the active participation requirement.

6. The users concerned may again be beneficiaries of the National Youth Guarantee System in the event that they comply with the requirements of paragraph 1 of this Article and express their interest in receiving care.

7. Users who are being treated with any of the measures or actions provided for in Article 106 will continue to be beneficiaries, and businesses, including self-employed workers, will continue to receive the incentives provided for in the Articles 107, 108 and 109, even having exceeded the age provided for in the first subparagraph of Article 101 (4) of this Law.

Article 106. Actions and actions.

The objectives set out in Article 90 require the development of the following measures and actions in favour of the subjects referred to in Article 88,d):

(a) In compliance with the objective of intermediation, actions or measures that contribute to the improvement of the early activation and the improvement of the processes of intermediation and labor mobility will be developed, which may consist of career guidance, job information and support in the search for employment, actions with placement agencies, mobility programmes and education/employment intermediation programmes, or any others of a similar character.

(b) In compliance with the employability objective, actions or measures contributing to the improvement of professional skills and competences, which may consist of actions or measures such as training, shall be developed. (a) with commitment to recruitment, training especially in languages and in information and communication technologies, non-working practices in enterprises, promotion of dual vocational training, training for obtaining certificates of professionalism, assessment and accreditation of professional skills, development Workshop Schools and Houses of Trades and mixed employment-training programmes. In addition, second-chance programmes may be developed, aimed at young people who have left the studies prematurely, or any others of a similar nature.

(c) In compliance with the objective of support for recruitment, actions or measures that encourage the employment of subjects over the age of 16 referred to in Article 88,d) may be developed. (i) to provide incentives for social security contributions, the promotion of training contracts provided for in the existing legislation, employment aid for employment with a minimum period of residence, promotion of the social economy, training and promotion of employment for the collective of young researchers, or any other similar.

d) In compliance with the objective of support for entrepreneurship, actions or measures that support the entrepreneurial spirit will be developed, promoting responsibility, innovation and entrepreneurship, making available more services to support the creation of enterprises, in particular with closer cooperation between the employment services, the business support entities and the financing providers. Actions or measures consisting of incentives in the contribution to social security, support for self-employment, capitalisation of unemployment benefit, promotion of entrepreneurial culture, measures to promote self-employment, and measures to promote self-employment can be developed. collective entrepreneurship within the framework of the Social Economy, advice on self-employment and the creation of enterprises and training for entrepreneurship or any others of a similar nature.

In a cross-cutting way, access to training programmes and the use of young people with disabilities and/or at risk of social exclusion will be taken into account, either through regular employment or protected employment. In any case, the gender perspective will be incorporated into the design, implementation, monitoring and evaluation of the actions.

The measures to be taken shall be carried out by the subjects referred to in Article 88 (a), (b) and (c) in the field of their competence.

Section 3. Third Procurement Support Measures

Article 107. Bonus for the recruitment of beneficiaries of the National Youth Guarantee System.

1. Companies, including self-employed workers, who recruit on an indefinite basis, including discontinuous fixed mode, a person receiving the National Youth Guarantee Scheme will benefit from a monthly allowance in the contribution Business to the Social Security contribution for an amount of 300 euros.

The duration of the allowance will be six months, the company or the self-employed being obliged to keep the worker at least six months from the start of the employment relationship. This obligation shall not be deemed to be unfulfilled when the employment contract is terminated by objective or disciplinary dismissal which is not declared imparted, or due to extinctions caused by resignation, death or permanent incapacity. total, absolute or great invalidity of workers.

Likewise, companies or self-employed workers will be obliged to increase with the new recruitment both the level of indefinite employment and the level of total employment, and to maintain the new level achieved with recruitment throughout the period of enjoyment of the bonus. To calculate such an increase, the average daily average of workers who have served in the 30 calendar days prior to the conclusion of the contract shall be taken as a reference.

This measure will be compatible with all types of incentives provided that the monthly amount to be listed by the company or the self-employed person is not negative. If the business contribution to the Social Security contribution of the worker giving entitlement to the allowance is less than the amount of the allowance, the excess may be deducted from the final business contribution resulting from the monthly settlement in which is included in the said worker, provided that the worker is not negative.

2. The Ministry of Employment and Social Security shall examine the maintenance of the indefinite level of employment and the level of total employment within 6 months of the conclusion of the bonus contract. To this end, the average number of indefinite workers and the average total workers of the month in which it is necessary to examine the compliance with this requirement will be used.

For these purposes, the extinctions of work contracts shall not be taken into account for objective reasons or for disciplinary dismissals that have not been declared imparted, nor the extinctions caused by resignation, death, or total permanent incapacity, absolute or great invalidity of the workers or for the expiry of the agreed time or performance of the work or service subject to the contract, or by resolution during the probationary period. In the event of non-compliance with the obligation to maintain the employment or maintenance levels of the contract worker at least six months, the reimbursement of both the bonus and the possible surplus generated and applied.

3. In the case of part-time employment, the day shall be at least 50% of that of a comparable full-time worker, the allowance being applied for this assumption as follows:

When the working day is at least equivalent to 75 percent of the corresponding full-time worker, 225 euros per month.

When the working day is at least equivalent to 50 percent of the corresponding full-time worker, 150 euros a month.

For these purposes, a comparable full-time worker shall be understood as established in Article 12.1 of the recast text of the Law of the Workers ' Statute, approved by the Royal Legislative Decree 1/1995, of 24 March.

4. The provisions of the preceding paragraphs shall also apply to the working or working partners of cooperatives and labour companies, as well as to the insertion undertakings which employ workers in situations of social exclusion. included in Article 2 of Law 44/2007, of 13 December, for the regulation of the system of the insertion companies.

5. Companies, including self-employed workers, will only be able to apply once the bonuses provided for in this Article by each of the beneficiaries of the National Youth Guarantee Scheme which they recruit, irrespective of the period of bonus enjoyed by the company for each worker.

6. The allowances provided for in this Article shall be financed from the corresponding budget item of the State Employment Public Service and these resources shall be the subject of co-financing by the Fund. European Social.

7. The allowance referred to in this Article shall apply to all contracts which have been made since the entry into force of Royal Decree-Law 8/2014 of 4 July 2016 until 30 June 2016.

8. The provisions of Section I of Chapter I of Law 43/2006 of 29 December 2006 for the improvement of growth and employment, except as laid down in Articles 2.7 and 6.2

, shall apply to the provisions of this Article.

9. In addition to the general exclusions provided for in Section I of Chapter I of Chapter I of Law 43/2006 of 29 December 2006 for the improvement of growth and employment, the allowances for social security contributions shall not apply. provided for in this Article in the case of hiring of workers whose activity determines the inclusion in any of the special systems established in the General Social Security Scheme.

10. The requirement to be aware of the tax obligations in order to qualify for the allowances provided for in this Article shall be credited by the issue of the certificate by the competent authority for the telematic route. this. This certificate shall be valid for six months and for all purposes this requirement shall be deemed to be met if the certificate issued at the time of the worker's discharge is positive.

11. For the purposes of considering compliance with the requirement to be found in the tax obligations of companies benefiting from allowances in respect of social security contributions in force at the entry into force of this rule, consider that the certificates issued by the competent authority for telematics shall have a period of validity of six months from their date of issue and that compliance with that obligation shall be accredited during that period.

12. For the purposes of the control of the bonuses, the General Treasury of Social Security shall provide the Public Service of State Employment monthly, the number of workers covered by this allowance of Social Security contributions with their respective quotation bases and deductions to be applied.

13. At the same time, the Directorate-General of the State Employment Service shall provide the Directorate-General of the Labour and Social Security Inspectorate with the necessary information on the number of contracts communicated to it. Quota allowance, as well as how much information on the contributions and deductions applied to them is necessary to control the proper application of the allowances provided for in this Article.

Article 108. Amendment of Law 11/2013, of July 26, of measures to support the entrepreneur and to stimulate growth and job creation.

Law 11/2013, of 26 July, of measures to support the entrepreneur and to stimulate growth and job creation, is modified as follows:

One. A new point (e) is added to Article 9 (2), with the following wording:

"e) Being a beneficiary of the National Youth Guarantee System in Spain."

Two. The second subparagraph of Article 9 (4) is amended, which is worded as follows:

" The agreed day may not exceed 50 percent of that of a comparable full-time worker, except in the case of persons receiving the National Youth Guarantee System who may reach the 75 percent of the day. For these purposes, the term 'full-time worker' shall be comparable to that laid down in Article 12.1 of the Staff Regulations. '

Three. A final subparagraph is added to Article 13 (2), with the following wording:

" In the event that the contract is formalized with persons receiving the National Youth Guarantee System, an additional 50 percent bonus will be applied in the case provided for in the first paragraph of the (a) this paragraph, and 25% in the case referred to in the second subparagraph of this paragraph, of the business quota for social security for common contingencies corresponding to the employed person for the duration of the contract. The bonus shall apply to all contracts that are made up to 30 June 2016. '

Four. Paragraphs 3 and 4 of the first provision are worded as follows:

" 3. The General Treasury of Social Security will provide monthly to the State Employment Public Service the number of workers and workers subject to social security contributions, disaggregated by each of the bonus, including the reference to young people included in the National Youth Guarantee System in Spain, with their respective contribution bases and deductions to be applied in accordance with the employment and employment incentive programmes which are funded by the State Employment Public Service.

4. At the same time, the State Employment Public Service shall provide the Directorate-General of the Labour and Social Security Inspectorate with the necessary information on the number of contracts communicated subject to quota allowances, detailed by collectives, including the reference to young people who are part of the National Youth Guarantee System in Spain, as well as any other information regarding the contributions and deductions applied to them precise, to the effect of facilitating the planning and programming of the Inspector-in-law to monitor the proper implementation of the allowances provided for in the corresponding employment incentive programmes, by the subjects who are beneficiaries of the scheme. "

Article 109. Contract for training and learning.

Within one month of the entry into force of this Law, the Ministry of Employment and Social Security will amend the Order ESS/2518/2013 of 26 December on the training aspects of the Training Contract. and the Learning, in the development of Royal Decree 1529/2012, of 8 November, for which the Contract for Training and Learning is developed and established the bases of the Vocational Training Dual, in order to increase the maximum amounts of the bonuses in business contributions to social security aimed at financing the costs of the training inherent in such a contract, governed by Article 8 of the said Order, provided that a beneficiary of the Youth Guarantee is hired. In addition, an additional bonus will be introduced through the Order to finance the costs arising from the compulsory tutoring of each worker through the contract for training and learning.

Article 110. Review of bonuses.

The impact and results achieved by the application of the bonus of the hiring incentives set out in this Law will be evaluated in the framework of the National Youth Guarantee System and the Social Fund. European by the Ministry of Employment and Social Security.

Section 4. First Common Provisions of the National Youth Guarantee System

Article 111. Creating a personal data file.

1. The personal data file "National Youth Guarantee System File" is created, with the following characteristics:

a) File finality: Manage the process of high in the National Youth Guarantee System.

b) Expected uses: Grant, maintain, suspend, or revoke the discharge, as well as tracking the entire process.

c) People or collectives from which the data is obtained or forced to supply it:

Data source: The data subject itself.

Groups or categories of stakeholders: Applicants and beneficiaries of the National Youth Guarantee System.

Provenance of the data: The information is obtained from the requests of the data subjects.

(d) Data collection procedure: The data subject accesses the IT application by electronic identification or by means of a form in the cases referred to.

e) Basic file structure and description of the data collected:

Identifying character data: First and last names, DNI, date of birth, address of address/contact, date registration, telephone, email.

Personal characteristics data: Family data, gender, nationality, and marital status.

Societal circumstances: Accommodation characteristics, driving license, and vehicle ownership.

Academics and professionals: Training and qualifications, student history, professional experience.

Employment Details: Worker's history, jobs, beneficiary's status with respect to the Social Security System in the last twenty-four months.

Other data types: Disability SI/NO and grade.

f) Treatment system: Partially automated.

g) Cefunes of expected data: Entities collaborating with the actions that are part of the National Youth Guarantee System, the General Directorate of the Police and the General Treasury of Social Security for the verification of the accuracy of the information.

h) International transfers to third countries: Not foreseen.

i) Body responsible for the file: The Directorate-General of the Ministry of Employment and Social Security with the responsibility for the administration of the European Social Fund.

(j) the Authority to which the rights of rectification, cancellation and opposition may be exercised: Directorate-General of the Ministry of Employment and Social Security, which has the powers conferred on the Fund's administration European Social.

k) Security measures: Basic level.

2. Within thirty days of the entry into force of this Law, the file shall be notified to the Data Protection Agency for the purposes of its registration in the General Register of Data Protection.

3. The Ministry of Employment and Social Security is empowered to amend or delete the file described in paragraph 1 of this Article, in accordance with Article 20 of Organic Law 15/1999 of 13 December 1999. Protection of Personal Data.

Article 112. Coordination and monitoring.

The coordination of actions and monitoring of the implementation and development of the National Youth Guarantee System will be carried out in the field of the Sectoral Conference on Employment and Labour Affairs through a National Youth Guarantee System Monitoring and Evaluation Delegate.

This Commission will have responsibility for coordination and support, as well as for monitoring the activities to be developed for the implementation of the National Youth Guarantee System. You may create and develop the specific Working Groups that you consider necessary for the performance of the above competencies.

The Commission will be composed of a maximum of three representatives from each of the Autonomous Communities participating in the Sectoral Employment and Labour Affairs Conference in the fields of employment, education, services and services. social and/or youth, as well as the intermediate bodies of the European Social Fund of the Autonomous Communities. Similarly, members of the Ministry of Employment and Social Security in the field of the Directorate-General responsible for the administration of the European Social Fund and in the field shall be members of the Commission. of the State Employment Public Service, as well as any other member who is competent for the matter.

Without prejudice to the foregoing, it may be part of the Commission, any other subject other than those indicated when it is agreed within the Commission, with the scope and representativeness that it has.

The head of the Ministry of Employment and Social Security's Secretary of State for Employment and Social Security shall be chaired by the Commission and the head of the Directorate-General responsible for the administration of the Fund European Social.

The Commission shall meet at least quarterly intervals.

Article 113. Rules applicable to the procedures laid down in Chapter I.

1. The procedures laid down in Chapter I of Title IV of this Law shall, in the first term, be governed by the provisions contained therein and, where appropriate, in its implementing rules, and in the alternative, by Law No 30/1992 of 26 November 1992. Legal of Public Administrations and of the Common Administrative Procedure, Law 11/2007, of 22 June, of electronic access of citizens to Public Services, and other complementary rules.

2. In any case, in the procedures for which the contrary is not expressly established and which have as their object the registration in the National System of Youth Guarantee, after the expiry of the six-month period without having communicated or notified The person concerned may consider his application for administrative silence to be dismissed, without prejudice to the subsistence of the obligation to resolve.

CHAPTER II

Measures in the field of active employment policies

Article 114. Amendment of Law 56/2003, of 16 December, of Employment.

Law 56/2003, of 16 December, on Employment, is amended as follows:

One. Article 3 (3) is deleted.

Two. Article 4a is worded as follows:

" Article 4a. Spanish Strategy on Activation for Employment.

1. In the exercise of the powers laid down in Article 3.1, the Government, acting on a proposal from the Ministry of Employment and Social Security, shall adopt the Spanish Employment Strategy, which shall be drawn up in collaboration with the Communities. Autonomous and with the participation of the most representative employers ' and trade unions, the Sectoral Conference on Employment and Labour Affairs will be informed and submitted for consultation and report of the General Council of the National System of Employment.

2. The Spanish Employment Strategy will include the following elements:

a) Analysis of the situation and trends of the labour market.

b) Principles of action and strategic and structural objectives to be achieved in the field of employment policies, including active employment policies and labour intermediation policies, for the State as a whole.

(c) Budget framework, sources of funding and criteria for fund management.

3. The Spanish Employment Strategy will reflect the active employment policies and employment intermediation policies that are developed throughout the State, and will include both the services and programs provided by the Public Services Employment with state resources such as those of the Autonomous Communities with their own economic resources.

4. The Spanish Strategy for Employment Activation will be based on the following of the activation policies for employment, which will integrate the objectives in the field of activation policies for employment and the whole of the services and programmes developed by the Public Employment Services:

a) Axis 1. Orientation. It includes the actions of information, career guidance, motivation, advice, diagnosis and determination of the professional profile and competences, design and management of the individual learning path, job search, job intermediation and, in short, actions to support the insertion of beneficiaries.

b) Axis 2. Training. It includes vocational training measures for employment, aimed at learning, training, retraining or retraining and training in alternance with employment, including the public employment and training programmes, to enable the beneficiary to acquire skills or to improve his/her professional experience, to improve his/her qualification and to facilitate his/her job integration.

c) Axis 3. Job opportunities. It includes actions aimed at encouraging recruitment, job creation or the maintenance of jobs, especially for those groups who have the greatest difficulty in accessing or staying in employment, with special consideration of the situation of persons with disabilities, of persons in situations of social exclusion, of persons with family responsibilities, of victims of terrorism and of women victims of gender-based violence.

d) Axis 4. Equal opportunities for access to employment. It includes actions aimed at promoting equality between women and men in access, permanence and promotion in employment, as well as the reconciliation of personal, family and work life. It also includes those aimed at facilitating geographical mobility or promoting recruitment in sectors of activity different from those where it would have been usually worked.

e) Axis 5. Entrepreneurship. It includes activities aimed at promoting entrepreneurship, self-employment and the social economy, as well as those aimed at generating employment, business activity and dynamisation and boosting local economic development.

f) Axis 6. Improvement of the institutional framework. This axis has a transversal character, so it affects all the others. It collects the actions, measures and actions that are aimed at improving the management, collaboration, coordination and communication within the National Employment System and the impetus to its modernization.

5. The Spanish Employment Strategy Strategy will have a multi-annual nature and may be subject to review, improvement and updating. An evaluation of the same will be performed upon completion. "

Three. Article 4b is worded as follows:

" Article 4 ter. Annual Employment Policy Plans.

1. The Annual Employment Policy Plans will concretize, on an annual basis, the objectives of the Spanish Employment Strategy to be achieved in the State as a whole and in each of the different Autonomous Communities, as well as the indicators to be used to assess and assess the degree of compliance of the indicators annually.

In order to achieve these objectives, they will also provide for the provision of the services and programmes of active employment and labour market policies proposed by the Autonomous Communities in the financial year. its implementing powers in the field of employment, employment and vocational training for employment, such as the State Employment Public Service in its field of competence. The services and programmes included in each Annual Plan may be exceptionally modified by the State Employment Public Service, at the justified request of the corresponding Autonomous Community, when needs of an extraordinary nature. Oversold as necessary for the proper management and execution of the Plan.

2. The Annual Employment Policy Plans shall be drawn up by the Ministry of Employment and Social Security, taking into account the forecasts made by the Autonomous Communities and the State Employment Public Service within the Conference. The Employment and Labour Affairs Sectoral shall be reported by the General Council of the National Employment System, as referred to in Article 7.b), and shall be approved by the Council of Ministers. "

Four. Article 6 (1) (d) and (e) shall be worded as follows:

(d) Ensure that public employment services, in the field of their respective competences, implement active employment and labour market policies in accordance with the principles of equality and non-discrimination, terms provided for in Article 9 of the Constitution, and promote the overcoming of territorial imbalances.

e) Ensuring the implementation of activation policies for employment and protective action for unemployment. "

Five. Article 7a is worded as follows:

" Article 7a. Instruments for the coordination of the National Employment System.

The coordination of the National Employment System will be carried out mainly through the following instruments:

(a) The Spanish Strategy for the Activation of Employment, as regulated in Article 4a.

(b) The Annual Employment Policy Plans, as provided for in Article 4b.

c) The Public Employment Services Information System, which is configured as a common information system to be organized with an integrated and compatible IT structure, and will be the technical instrument that integrate information related to job intermediation, management of active employment policies, and unemployment protection, which are carried out by the Public Employment Services throughout the territory of the State.

This system will ensure that the functions of employment intermediation, without territorial barriers, the registration of persons seeking employment are carried out in an appropriate manner; the traceability of the actions followed by In their relations with the Public Employment Services; the common statistics; the communication of the content of contracts; the knowledge of the resulting information and the monitoring, inter alia, of the management of training employment, vocational guidance, employment initiatives and the employment of young people. bonuses to the recruitment, as well as the actions of the placement agencies.

It will also allow the evaluation, monitoring and control of the use of funds from the General Budget of the State or the European Union for their justification. "

Six. Article 9 is worded as follows:

" Article 9. Functions of the National Employment System.

1. Implement and implement the Spanish Employment Strategy through the Annual Employment Policy Plans.

2. To ensure the coordination and cooperation of the State Employment Public Service and the Public Employment Services of the Autonomous Communities, paying particular attention to the coordination between active employment and intermediation policies for employment and unemployment benefits.

3. Establish concrete and coordinated objectives through the Annual Employment Policy Plans to assess the results and effectiveness of activation policies for employment and to define comparable indicators.

4. To promote and coordinate the permanent adaptation of the Public Employment Services to the needs of the labour market, in the framework of the agreements reached at the Sectoral Conference on Employment and Labour Affairs.

5. Report, propose and recommend to public administrations on issues related to active employment policies and intermediation for employment.

6. To analyse the labour market in the various sectors of activity and territorial areas in order to adapt the active employment and intermediation policies for employment to their needs, as well as to determine the national situation of employment that contributes to the setting of the needs of foreign workers, in accordance with the regulations derived from migration policy.

7. To determine and to have updated a Common Portfolio of Services of the National Employment System to be provided by the Public Employment Services, which guarantees in all the State the access, in conditions of equality, to a free and public service of employment.

8. Follow up the Employment Policy Fund. "

Seven. Article 13 (d) and (h) shall be worded as follows:

" d) Develop the project of the Spanish Strategy for the Activation of Employment and the Annual Plans for Employment Policy in collaboration with the Autonomous Communities.

The most representative business and trade union organisations will be involved in the development of this Strategy and will receive regular information on their development and monitoring. "

" h) Manage the services and programs funded from the credit reserve established in your spending budget. These services and programs will be:

1. Services and programmes whose implementation affects a geographical area higher than that of an Autonomous Community, where they require the geographical mobility of unemployed persons or workers participating in them to another Autonomous Community different from yours, or another country and need unified coordination.

2. Services and programmes aimed at both jobseekers and persons employed, for the improvement of their occupation through the collaboration of the Public Service of State Employment with organs of the General Administration of the State or their self-employed bodies, in order to carry out training activities, among others, those which aim to generate quality employment and improve the opportunities for working people, particularly when they are developed in the the framework of plans, strategies or programmes at the state level, and the execution of works and services general and social interest relating to exclusive powers of the State.

3. Services and programmes of intermediation and active employment policies aimed at the integration of migrant workers into the labour market, carried out in their countries of origin, facilitating the management of migratory flows.

4. Programmes to be established with exceptional character and duration, the implementation of which will affect the entire national territory, with their centralised management being essential for the purpose of ensuring the effectiveness of the programmes, as well as the same possibilities to obtain and enjoy all potential beneficiaries.

The credit reserve referred to in this paragraph will be provided annually, following the report of the Sectoral Conference on Employment and Labor Affairs, by the General Budget Law of the State. The results of the actions financed from the actions shall be reported annually to that Sectoral Conference. "

Eight. Article 14 (2) is worded as follows:

" 2. In the distribution of the funds to the Autonomous Communities agreed at the Sectoral Conference on Employment and Labor Affairs, this part of the funds will be identified for active employment policies for the groups that specifically be determined in accordance with the priorities of the Spanish Employment Strategy and taking into account the specific features of the different Autonomous Communities, in order to ensure compliance with it.

It shall be the subject of return to the State Employment Public Service of the funds with specific destination that have not been used for this purpose, except for exceptional circumstances, oversold and urgent attention They should be used for other groups within the specific budgetary objectives, specifying in another case report by the Ministry of Finance and Public Administrations. In any event, the State Employment Public Service and the relevant organ of the Autonomous Community shall agree to the reallocation of such funds, reallocation which shall in no case result in the modification of the budget of this Agency. "

Nine. Article 17 (3) and (4) shall be worded as

:

" 3. The Public Employment Services of the Autonomous Communities will participate in the elaboration of the Spanish Strategy for the Activation of Employment and the Annual Plans for Employment Policy.

4. The Autonomous Communities, in the exercise of their powers of implementation of the activation policies for employment, may draw up their own Employment Policy Plans in accordance with the objectives of the Annual Employment Policy Plans and in line with the guidelines and objectives of the Spanish Employment Strategy Strategy. "

Ten. The heading of Title I bis is worded as follows: 'Services of the National Employment System provided by the Public Employment Services', and the heading of Chapter I of Title I of that Title shall also be read as follows: services ".

Once. Article 19a is worded as follows:

" Article 19a. Persons and business users of the services.

Public Employment Services will provide services to unemployed people, people in employment and businesses, regardless of their legal form. The Common Portfolio of Services of the National Employment System shall include services the provision of which must be ensured throughout the national territory and by all Public Employment Services. "

Twelve. Article 19b is worded as follows:

" Article 19b. Common portfolio of National Employment System Services.

1. The common portfolio of services of the national employment system, which will be regulated in regulation, is intended to ensure, throughout the State, access on equal terms to the Public Employment Services and to the services provided by the and equal opportunities in access to employment, constituting a commitment of the Public Employment Services to the people and companies that use them. In any case, unemployed workers will be guaranteed free access to services provided by the Public Employment Services.

2. The common portfolio of services of the national employment system shall include the services common to the public employment services to persons, both unemployed and employed, and to undertakings. Each Public Employment Service may establish its own Portfolio of Services, which shall include, in addition to the Common Portfolio of Services of the National Employment System, those other complementary services that the Public Service determines in the field of its powers, taking into account the evolution of its labour market, the needs of individuals and enterprises, the priorities set out in the framework of the National Employment System and the resources available.

3. Access to certain services in the catalogue will require registration as a job seeker for both unemployed and employed persons. "

Thirteen. Article 19c is deleted.

Fourteen. Article 19d is deleted.

Fifteen. Article 19e (1) is worded as follows:

" 1. The access of unemployed persons to the Public Employment Services will be carried out by means of their registration and collection of data in an initial interview, which will entail an assessment of the services required for their job insertion. In accordance with this, and in collaboration with the unemployed, it will be determined, if appropriate, the beginning of an individual and personalized itinerary of employment according to the professional profile, professional skills, needs and expectations of the person, together with the situation of the labour market and criteria linked to the perception of benefits, the membership of groups defined as priorities and those that are determined in the framework of the National Employment System. "

Sixteen. Article 19 (1) of the Regulation shall read as

:

" 1. The Government and the Autonomous Communities shall adopt, in accordance with the constitutional and statutory provisions, as well as the commitments made in the field of the European Union and the Spanish Employment Strategy, programmes (a) specific measures to promote the employment of persons with special difficulties in the integration of the labour market, especially young people, with particular attention to those with a lack of training, women, long-term unemployed, over 45 years, persons with family responsibilities, persons with disabilities or social exclusion, and immigrants, with respect to the legislation of foreign nationals, or others which may be determined, within the framework of the National Employment System. "

seventeen. Article 23 is worded as follows:

" Article 23. Concept of active employment policies.

1. It is understood by active employment policies as a whole of services and programmes of guidance, employment and training aimed at improving the possibilities of access to employment, for hire or reward, for unemployed persons, for the maintenance of employment and the professional promotion of persons employed and the promotion of entrepreneurship and the social economy.

The policies defined in the previous paragraph should be developed throughout the State, taking into account the Spanish Strategy for the Activation of Employment, the common content established in the State implementing legislation, the needs of the jobseekers and the requirements of the respective labour markets, in a coordinated manner between the vocational training staff for the employment and the labour market which carry out such actions, with a view to encourage the placement of the jobseekers.

2. These policies will be complemented and related, where appropriate, to the unemployment protection regulated in Title III of the recast text of the General Law of Social Security, approved by the Royal Legislative Decree 1/1994 of 20 June. The protective action for unemployment referred to in Article 206 of the said legal text includes unemployment benefits at the contributory and assistance level and the actions that make up the active employment policies.

3. The economic resources allocated to active employment policies shall be managed by the Public Employment Services and may develop the services and programmes they consider necessary, taking into account the aspects referred to in the paragraph 1 of this Article, which shall be included in the Annual Employment Policy Plans and shall be integrated into the Ejes as set out in Article 4a 4.

These services and programs may be managed through the granting of public grants, administrative procurement, subscription of agreements, direct management or any other legal form adjusted to the law. "

Eighteen. Article 25 is worded as follows:

" Article 25. Development of active employment policies.

Active employment policy services and programmes will provide coverage to the Ejes as set out in Article 4 bis.4 and will be designed and developed by the Autonomous Communities and the State Employment Public Service in the the scope of its powers, taking into account the common content set out in the State implementing rules. For these purposes, services and programmes and common content that will be applicable throughout the territory of the State will be regulated. This regulatory development will include a legal framework for state measures of active employment policies aimed at integrating people with disabilities into the labour market, which will establish the minimum content that will be application in the State as a whole. "

Article 115. References to public employment and training programmes.

The references that in the current legislation are made to the actions and measures set out in Article 25.1.d) of Law 56/2003, of 16 December, of Employment, deleted by this Law, must be understood public employment and training programmes referred to in point (b) of Article 4 (4) of that Law 56/2003 of 16 December 2003.

CHAPTER III

Changes in the matter of temporary work enterprises and placement agencies

Article 116. Amendment of Law 14/1994 of 1 June on the regulation of temporary work enterprises.

Law 14/1994, of 1 June, on which temporary work enterprises are regulated, is amended as follows:

One. Article 1 is worded as follows:

" Article 1. Concept.

It is called a temporary work company whose main activity is to make workers available to another user, on a temporary basis, employed by them. The hiring of workers to temporarily cede to another company may only be carried out through temporary work companies duly authorized under the terms provided for in this Law.

Temporary work companies may also act as placement agencies when they meet the requirements laid down in Law 56/2003 of 16 December 2003 on Employment and its implementing legislation. They will also be able to develop training activities for the professional qualification in accordance with the specific implementing regulations, as well as advice and consultancy on human resources.

In their relationship with both workers and clients, temporary work companies must expressly inform and in each case whether their action is in the condition of a temporary work undertaking or in the exercise of any other of the permitted activities. "

Two. Article 2 is worded as follows:

" Article 2. Administrative authorization.

1. Natural or legal persons intending to perform the constitutive activity of a temporary work undertaking shall obtain prior administrative authorisation.

The authorization will be unique, will be effective throughout the national territory and will be granted without limit of duration.

2. In order to obtain the authorisation, the undertaking must justify to the competent administrative authority the following requirements:

a) Dispose of an organizational structure that allows you to fulfill the obligations that you assume as an employer in relation to the social object.

(b) Dedicated exclusively to the constitutive activity of a temporary work undertaking, without prejudice to the provisions of Article 1.

c) Finding yourself to the current in the fulfillment of your tax obligations and with Social Security.

(d) Guarantee, in the terms provided for in the following article, the fulfilment of the salary, compensation and social security obligations.

e) Not being sanctioned with suspension of activity on two or more occasions.

f) Include in your name the terms "temporary work company" or its abbreviation "ETT".

3. For the purpose of assessing compliance with the organisational structure requirement, the adequacy and sufficiency of the elements of the undertaking shall be assessed in order to develop the activity referred to as the object of the undertaking, in particular in refers to the selection of workers, their training and the other work obligations. This assessment will take into account factors such as the size and the equipment of the workplace, the number, dedication, professional qualifications and the job stability of the contract workers to provide low-level services. the management of the temporary work undertaking; and the organisational system and the technological processes used for the selection and training of contract workers for their making available to user undertakings.

The temporary work company must have a minimum number of twelve workers, or the one that corresponds proportionally, contracted to provide services under its management with contracts of indefinite duration, in time full or partial, for every thousand workers hired in the year immediately preceding, computed taking into account the number of total days of making available to the set of temporary workers, divided by three hundred sixty and five; or, when the number of workers transferred, computed according to the previous rule, is more than five thousand, at least sixty workers.

This minimum requirement should be maintained throughout the time of the temporary work enterprise, adapting it annually to the evolution of the number of contracts managed.

Without prejudice to the above paragraphs, in order to be able to initiate the activity of making available to workers, the company must have at least three workers on an indefinite contract, on time complete or partial, minimum to be maintained throughout the activity time.

4. The administrative authorisation to operate as a temporary work undertaking shall be granted, subject to the mandatory and non-binding report of the Labour and Social Security Inspectorate, by the competent authority of the Autonomous Community if the undertaking has (a) job centres in the territory of a single Community or by the Directorate-General for Employment of the Ministry of Employment and Social Security if the undertaking has work centres in two or more Autonomous Communities.

5. The application for authorisation submitted in accordance with this Article shall be resolved within one month of its submission.

Elapsed time without express resolution, the request shall be deemed to be estimated.

6. The authorization shall expire when the activity is no longer carried out for an uninterrupted year.

7. The temporary work undertaking shall be required to maintain an organisational structure which responds to the activity effectively developed and to update the financial guarantee annually.

If, as a result of the monitoring of compliance with the labor regulations, the labor authority that granted the authorization would appreciate the failure to comply with any of these obligations, it will proceed to initiate the appropriate the extinction procedure of the authorization.

The opening of this procedure will be notified to the temporary work company, so that it can make any allegations it deems appropriate, obtaining a mandatory and non-binding report from the Labour Inspectorate. Social security and the report of workers ' representatives of the temporary work company.

If failure to comply with the file is proven, the resolution shall declare the authorization to be extinguished, specifying the deficiencies or deficiencies that justify it. The resumption of the activity of the company will require a new authorization. "

Three. Article 3 is worded as follows:

" Article 3. Financial collateral.

1. Temporary work undertakings shall provide a guarantee, at the disposal of the labour authority granting the administrative authorisation, which may consist of:

a) Deposit in cash or public securities in the General Deposit Box or in its branches.

b) Aval or bond of solidarity provided by a Bank, Savings Bank, Credit Union, Mutual Guarantee Company or by means of insurance policy contracted to the effect.

2. In order to obtain the authorization and during the first year of the year, the guarantee must be equal to twenty-five times the minimum interprofessional salary in force at that time, in annual computation.

In subsequent years, this guarantee shall be equal to 10% of the salary mass of the preceding immediate financial year, without any such amount being lower than that indicated in the the preceding paragraph taking into account the amount of the interprofessional minimum wage in force at any time.

3. As long as you develop your business, the company must update the financial guarantee on an annual basis in accordance with the terms set out in the previous paragraph.

4. The security lodged shall be liable, in the manner prescribed in law, for claims for compensation, salary and social security.

5. The security lodged shall be returned if the temporary work company has ceased its business and has no outstanding compensation, salary or social security obligations, which must be credited to the labour authority. competent. "

Four. Article 4 is worded as follows:

" Article 4. Record.

1. The employment authority which, in accordance with Article 2 of this Law, grants the administrative authorization, shall keep a Register of Temporary Work Enterprises, in which the authorized undertakings shall be registered, stating data relating to the identification of the undertaking, the name of those who hold office or are members of the administrative bodies of undertakings which review the legal form of company, domicile and number of authorisation administrative, as well as if the temporary work company also acts as a placement agency.

The suspension of activities agreed by the labour authority in accordance with the provisions of this Law as well as the cessation of the status of temporary work enterprise will also be subject to registration.

2. The data in the records of the competent authorities which are to be incorporated into a database whose management, in electronic form, shall be determined by the Directorate-General for Employment of the Ministry of Education shall be determined. Employment and Social Security.

3. The temporary work undertaking shall record its identification as such undertaking and the number of administrative authorisation and authority which it has granted it in the advertising and job vacancies it carries out. '

Five. Article 5 is worded as follows:

" Article 5. Reporting obligations to the labour authority.

1. The temporary work undertaking shall forward to the labour authority which has granted the administrative authorisation a list of the contracts for the making available and the data relating to the wage bill for the financial year. immediate economic, all in terms of the terms that are regulated.

The relationship of contracts for making available shall be forwarded by the labour authority to the institutional participation bodies referred to in Article 8.3.b) of the recast of the Law on the Statute of the Workers, approved by the Royal Legislative Decree 1/1995, of March 24, also resulting in the application of the provisions of the same in the matter of professional secrecy.

2. In addition, the temporary work company must inform the working authority of any change in ownership, opening and closing of work centres and cessation of activity.

3. The employment authority which receives any of the information referred to in the preceding paragraph shall in turn inform the working authority of the Autonomous Communities concerned and, where appropriate, the Directorate-General for Employment of the Ministry of Employment and Social Security.

For the purpose of transmitting the information, the labour authorities may use the database referred to in Article 4.2. "

Six. An additional fifth provision is added, with the following wording:

" Additional disposal fifth. Competent labour authority in certain cases.

1. In the event that the undertaking ceases to have work centres in the Autonomous Community whose employment authority has granted the authorization, it shall be competent labour authority for the purposes laid down in this law, that of the Community Self-employed person in which you have a job centre or the General Employment Directorate of the Ministry of Employment and Social Security if you have centres in two or more Autonomous Communities.

2. In the case of temporary work enterprises which have only work centres in the cities of Ceuta or Melilla, it shall be competent labour authority, for the purposes laid down in this Law, the respective Delegation of the Government. "

Seven. A sixth additional provision is added, with the following wording:

" Additional disposal sixth. One-stop shop.

For the purposes of ensuring the provisions of Article 22 of Law 20/2013 of 9 December 2013 on the security of the market unit, the necessary measures shall be taken to ensure that they are complied with and, in particular, to ensure the interoperability of the different systems under the Ministry of Employment and Social Security, in accordance with the National Interoperability Scheme. '

Eight. A transitional provision is added, with the following wording:

" Transient disposition. Provisions applicable to temporary work undertakings with authorisation in force on 5 July 2014.

1. Undertakings which are authorised, provisional or definitive, in force on 5 July 2014 for the purpose of carrying out the activity of a temporary work undertaking may carry out their activity for an unlimited period and throughout the national territory, with Subject to the provisions of this Law, without the need for new authorization.

2. In the cases referred to in the preceding paragraph, it shall be the competent labour authority for the purposes laid down in this Law which has granted the initial authorisation or, if the latter has been the subject of an extension or reduction, which has granted the last authorisation. "

Article 117. Amendment of Law 56/2003, of 16 December, of Employment.

Law 56/2003, of 16 December, on Employment, is amended as follows:

One. Article 21 is worded as follows:

" Article 21. Agents of intermediation.

For the purposes of the National Employment System, intermediation in the labour market will be carried out through:

a) Public Employment Services.

b) The placement agencies.

c) Those other services that are regulated for workers abroad. "

Two. Article 21a is worded as follows:

" Article 21a. Placement agencies.

1. For the purposes of this Law, placement agencies shall mean those public or private entities, with or without a profit motive, who carry out work intermediation activities in accordance with the provisions of Article 20, or employees of the Public Employment Services, either in an autonomous but coordinated manner. They will also be able to develop actions related to job search, such as guidance and professional information, and with the selection of staff.

Recolocation companies are placement agencies specializing in the activity referred to in Article 20.2.

The activity of the placement agencies can be performed throughout the Spanish territory.

2. Natural or legal persons, including temporary work firms, who wish to act as placement agencies, must submit a responsible declaration on a prior basis. This responsible statement shall be submitted to the State Employment Public Service in the event that the agency intends to carry out its activity from work centres established in two or more Autonomous Communities or using exclusively electronic means or the equivalent of the Autonomous Community, in the event that the agency intends to carry out its activity from workplaces established only in the territory of that Community.

The placement agencies may initiate their activity from the day of the presentation of the responsible declaration, without prejudice to the powers of verification, control and inspection assigned to them by the authorities. competent.

Inaccuracy or falsehood in any data, manifestation or document, of an essential nature, which would have been accompanied or incorporated into the responsible statement, will determine the impossibility of continuing the activity as placement agency, without prejudice to the criminal, civil or administrative responsibilities to which it has taken place.

3. A common electronic system will be regulated so as to integrate all the information provided by the State Employment Public Service and the Public Employment Services of the Autonomous Communities in respect of the placement agencies so that they can know at all times the agencies that operate in their territory.

4. In any event, without prejudice to the obligations laid down in this Chapter and to the specific obligations to be determined by regulation, the placing agencies shall:

(a) To provide the Public Employment Services with information that is determined by regulatory means, with the periodicity and the way in which it is established about the workers cared for and the activities they carry out, as to the job vacancies and professional profiles that correspond to those offers.

b) Respect the privacy and dignity of workers and comply with applicable data protection regulations and ensure that workers are free to provide services.

c) Develop and implement specific plans for the placement of unemployed workers members of the collectives referred to in Article 26, to be concluded with the placement of those, in the terms to be determined

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d) Dispose of compatible and complementary electronic systems with those of the Public Employment Services.

e) Fulfilling the current labor and social security regulations.

f) Meet the universal accessibility standards for people with disabilities and, in particular, ensure the correct relationship between the characteristics of the job positions offered and the academic profile and (a) to ensure that persons with disabilities are not excluded from access to employment.

g) Ensuring, in its field of action, the principle of equal access to employment, not being able to establish any discrimination, direct or indirect, based on grounds of origin, including racial or ethnic, sex, age, state civil, religion or belief, political opinion, sexual orientation, trade union membership, social status, language within the State and disability, provided that the workers are in a position to be able to carry out the work or employment of in question.

5. The placement agencies may be considered to be collaborating entities of the Public Employment Services through the subscription of a collaboration agreement with the same, with the scope provided for in the norms of development of this Law and in the own conventions to subscribe.

The collaboration agreement referred to in the preceding paragraph must regulate the mechanisms of communication by the agencies for the placement of breaches of the obligations of the workers and of the applicants and beneficiaries of unemployment benefits provided for in Article 231.1 of the recast text of the General Law on Social Security, adopted by the Royal Legislative Decree 1/1994 of 20 June.

Such communication shall be carried out for the purposes of the adoption by the Public Employment Services of the measures which, where appropriate, proceed. "

Three. Article 22 (2) is worded as follows:

" 2. In order to ensure compliance with these principles, the Public Employment Services shall ensure that the specific selection and appeal process between the supply of work and the application for employment is, in general, appropriate to the Service Public Employment and the placement agencies.

In the case of collectives with special difficulties in entering into employment, the public employment services will be able to count on specialized collaborating entities to carry out the process referred to in the above. "

Four. A new fourth transitional provision is added, with the following wording:

" Transitional provision fourth. Provisions applicable to the placing agencies with authorisation in force on 5 July 2014.

1. The placing agencies with the authorisation in force on 5 July 2014 may develop their activity throughout the national territory without the need for a responsible declaration.

2. In the cases referred to in the preceding paragraph, the competent labour authority shall, for all the purposes laid down in this Law, have granted the authorisation. '

Article 118. Amendment of the recast text of the Law of the Workers ' Statute, approved by the Royal Legislative Decree 1/1995, of March 24.

Article 16 of the recast text of the Law of the Workers ' Statute, approved by the Royal Legislative Decree 1/1995 of 24 March, is amended as follows:

" Article 16. Income to work.

Employers are obliged to communicate to the public employment office within 10 days of their consultation and on the terms which they are determined to determine, the content of the contracts of employment which hold or extend them, whether or not they are to be formalised in writing. '

Article 119. Amendment of the recast of the Law on Infractions and Penalties in the Social Order, approved by the Royal Decree-Law 5/2000 of 4 August.

The recast of the Law on Infringement and Sanctions in the Social Order, approved by the Royal Legislative Decree 5/2000 of 4 August, is amended as follows:

One. Article 16 (1) is worded as follows:

" 1. To carry out work on a labour market, of any kind and functional area, which aims at the placement of workers without having submitted, prior to the action as a placement agency, a responsible statement, to comply with the requirements laid down in Law 56/2003 of 16 December 2003 on Employment and its implementing rules, or to require workers to pay or pay for the services provided. "

Two. Article 18 (3) (a), (c) and (d) shall be worded as follows:

"a) Do not update the value of the financial guarantee, in the legally intended terms."

" (c) Not to be exclusively engaged in the activities referred to in Article 1 of Law 14/1994 of 1 June, for which Temporary Work Enterprises are regulated.

d) Documentary falsehood or concealment in the information provided to the labour authority on its activities. "

CHAPTER IV

Other measures in the field of social economy and self-employment

Article 120. Amendment of Royal Decree-Law 3/2014 of 28 February of urgent measures for the promotion of employment and indefinite recruitment.

A new paragraph 5a is added to the single article of Royal Decree-Law 3/2014 of 28 February of urgent measures for the promotion of employment and indefinite recruitment, which is worded as follows:

" 5 bis. The provisions of the above paragraphs shall also apply to persons who are incorporated as worker or worker partners of cooperatives, as well as to those who are employed as workers in the working societies. "

Article 121. Planning of incentives for self-employment.

In coherence with the Final Disposition of the Royal Decree-Law 16/2013 of 20 December, of measures to promote stable recruitment and to improve the employability of workers, and with the same purpose of providing greater legal certainty, the Government will proceed to a regulatory reorganization of the incentives to self-employment in the field of employment and social security, in Title V of Law 20/2007, of July 11, of the Statute of the Autonomous Work, and in the Law 5/2011, of 29 March, of Social Economy, as appropriate. To this end, all the incentives and the bonuses and reductions in the social security contribution in force at the date of entry into force of this Law will be included in a single provision and, if necessary, the harmonization of the legal or regulatory requirements and obligations.

TITLE V

Tax measures

Article 122. Amendment of Law 35/2006, of 28 November, of the Tax on the Income of the Physical Persons and of partial modification of the laws of the Taxes on Societies, on the Income of Non-Residents and on the Heritage.

The following amendments are made to the Law 35/2006 of 28 November of the Tax on the Income of the Physical Persons and of the partial modification of the laws of the Taxes on Societies, on the Income of Residents and on Heritage:

One. With effect from 1 January 2014 and previous years not prescribed, a new point (d) is added to Article 33 (4), which is worded as follows:

" (d) On the occasion of the payment of the habitual dwelling of the debtor or guarantor of the debtor, for the cancellation of secured debts with a mortgage that falls on the debtor, contracted with credit institutions or any other another entity that, in a professional manner, performs the activity of granting loans or mortgage loans.

Also exempt are the property gains that are evidenced on the occasion of the transmission of the dwelling in which the above requirements are met, carried out in judicial or judicial foreclosures or notarial.

In any case, it will be necessary for the owner of the habitual dwelling to not have other goods or rights in sufficient amount to satisfy the entire debt and to avoid the alienation of the dwelling. "

Two. With effect from 1 January 2014, a new additional 30th additional provision is added, which is worded as follows:

" Additional 30th-ninth disposition. Compensation and integration of negative income derived from subordinated debt or from preferred shares previously generated as of 1 January 2015.

1. By way of derogation from Article 49 (1) of this Law, the part of the negative balances referred to in points (a) and (b) of that paragraph which result from negative capital income derived from debt securities (a) subordinated or subordinated preference shares issued under the conditions laid down in the second additional provision of Law 13/1985 of 25 May 1985 of investment coefficients, own resources and information obligations of intermediaries financial or negative capital returns or property losses derivatives of the transfer of securities received by repurchase and subscription or exchange of the securities referred to above, which have been generated prior to 1 January 2015, may be offset against the positive balance referred to in those securities (b) or (a), respectively.

If, after such compensation, the balance is negative, the amount of the balance may be offset in the following four years in the form set out in the preceding paragraph.

The part of the negative balance referred to in points (a) and (b) above for the tax periods 2010, 2011, 2012 and 2013 that is pending compensation on 1 January 2014 and proceeds from the income provided for in the first subparagraph of this paragraph may be offset by the positive balance referred to in points (b) or (a) of the first subparagraph of this paragraph, which is apparent from the 2014 tax period, provided that there is no the end of the four-year period provided for in Article 49 (1) of this Law.

For the purposes of determining which part of the negative balance is derived from the income referred to in the first subparagraph of this paragraph, where other income of a different nature has been taken into account for its determination and that balance If the compensation was partially offset subsequently, it is understood that the compensation first affected the part of the balance corresponding to the income of a different nature.

2. In the 2014 tax period, if, after the compensation referred to in paragraph 1 above, the balance is negative, its amount may be offset by the positive balance of the income provided for in Article 48 (b) of this Law, up to the the amount of the positive balance that corresponds to the property gains that are shown on the occasion of transfers of assets.

If, after such compensation, the balance is again negative, its amount may be offset in subsequent years in accordance with the provisions of paragraph 1 above. "

Three. With effect from the entry into force of Royal Decree-Law 8/2014 of 4 July 2014, an additional 40th Disposition is added, which is worded as follows:

" Additional 41st Disposition. Withholding and income on account of certain income from professional activities.

By way of derogation from Article 101 (5) (a) of this Law, the percentage of deductions and income on account of income from professional activities shall be 15% when the volume of total income from such activities corresponding to the previous immediate year is less than EUR 15,000 and represents more than 75% of the total income of the economic activities and the work obtained by the taxpayer in that financial year.

For the application of the type of retention provided for in the preceding paragraph, the taxpayer must communicate to the payer of the income the concurrency of that circumstance, the payer being obliged to keep the duly signed communication.

This percentage will be halved when yields are entitled to the deduction in the quota provided for in Article 68.4 of this Act. "

Article 123. Amendment of the recast text of the Local Law Regulatory Law, approved by the Royal Legislative Decree of 5 March.

The following amendments are made to the recast text of the Local Law Regulatory Law, approved by the Royal Legislative Decree of 5 March:

One. With effect from 1 January 2014, as well as for the taxable events prior to that date, a point (c) is added to Article 105 (1), which is worded as follows:

" (c) Transmissions made by natural persons on the occasion of the payment of the habitual dwelling of the mortgage debtor or guarantor thereof, for the cancellation of secured debts with a mortgage that falls on the (a), as opposed to credit institutions or any other entity which, in a professional manner, carries out the activity of granting loans or mortgage loans.

Also, the housing transmissions in which the above requirements are met, carried out in court or notarial foreclosures, will be exempt.

To be entitled to the exemption it is required that the debtor or guarantor transmitting or any other member of his family unit does not have, at the time of being able to avoid the disposal of the dwelling, other goods or rights in Sufficient amount to satisfy the entire mortgage debt. Compliance with this requirement shall be presumed. However, if the opposite is found to be the case, the corresponding tax clearance shall be rotated.

For these purposes, it shall be considered as usual dwelling place where the taxpayer has been registered uninterruptedly during at least the two years prior to the transfer or from the time of the acquisition if that period was less than two years.

With regard to the concept of family unit, the provisions of Law 35/2006 of 28 November of the Tax on the Income of the Physical Persons and the partial modification of the laws of the Taxes on Societies, on the Income of non-residents and on the Heritage. For these purposes, marriage will be equated with the legally registered couple.

Regarding this exemption, the provisions of Article 9.2 of this Law will not apply. "

Two. With effect from the entry into force of Royal Decree-Law 8/2014 of 4 July 2014, Article 106 (3) is deleted.

Article 124. Amendment of Law 16/2012 of 27 December adopting various tax measures aimed at the consolidation of public finances and the promotion of economic activity.

First.-With effect from 1 January 2014, the following amendments are made to Article 19 of Law 16/2012 of 27 December, adopting a number of tax measures aimed at consolidating public finances and the boost of economic activity:

One. Paragraph 5 is worded as follows:

" Five. Tax and accrual period.

The tax period will be the calendar year.

However, in the tax period in which the activity begins on Spanish territory, the same shall comprise from the date of commencement of the activity until the end of the calendar year.

In any event, the tax period shall end when the entity or branch becomes extinct or ceases to operate on Spanish territory.

The tax will become due on the last day of the tax period. "

Two. Paragraph 7 is worded as follows:

" Seven. Tax base.

The taxable amount shall be the amount resulting from the arithmetic average of the final balance of each of the calendar months, irrespective of the duration of the tax period, corresponding to item 4 'Deposits of the customers' of the Liabilities of the credit institutions ' reserved balance sheet, including in the individual financial statements.

For these purposes, the final balance shall be reduced in the amounts of the "valuation adjustments" included in items 4.1.5, 4.2.5, 4.3.2 and 4.4.5

The parameters referred to in this paragraph correspond to those defined in Title II and Annex IV of Circular 4/2004 of 22 December of the Banco de España to credit institutions on reporting standards. public and reserved financial statements and models of financial statements, or rule that replaces it.

When an entity or a branch becomes extinct or ceases to be active on Spanish territory before 31 December and transmits the deposits subject to this tax to another taxpayer, in the event that the transfer of the deposits would have been agreed with accounting purposes at 1 January of the year of the transaction, these deposits shall only be taken into consideration for purposes of this tax by the acquirer. "

Three. Paragraph 8 is worded as follows:

" Eight. Tax quota.

The full fee will be the result of applying the 0.03 percent tax rate to the tax base.

The differential fee will be obtained as a result of deducting from the full fee, if any, the payment to account made. "

Four. Paragraph 9 is worded as follows:

" Nine. Self-validation.

Taxpayers will have to present the self-settlement of the tax in July of the year following that of the tax period, in the place and form established by the Minister of Finance and Public Administration.

Taxpayers will have to disaggregate the amount resulting from each Autonomous Community in which they radiate the headquarters or branches where they maintain the funds of third parties. They shall also disaggregate the resulting amount corresponding to funds held by non-face-to-face marketing systems. '

Five. Paragraph 10 is worded as follows:

" Ten. Obligation to make payment on account.

Taxpayers are required to present a self-settlement of payment on account of this tax in the month of July of each financial year, corresponding to the tax period of that financial year, in the place and form established by the Minister of Finance and Public Administrations, in the amount of 50% of the amount resulting from applying the tax rate to the tax base of the previous tax period.

However, the payment for the 2014 tax period shall be submitted in the month of December 2014 and its amount shall be 50% of the amount resulting from the application of the levy rate to the base. taxable income from the rules contained in paragraph Seven in respect of the individual financial statements of the taxpayer of 2013.

Taxpayers will have to disaggregate the amount of the payment to account for each Autonomous Community in which they radiate the headquarters or branches where they keep the third-party funds taken into account for the determination of the This amount. They shall also disaggregate the resulting amount corresponding to funds held by non-face-to-face marketing systems. "

Six. A last paragraph is added to paragraph 13 with the following wording:

" With regard to the tax periods starting from 1 January 2014, the compensation measures in favour of the Autonomous Communities established on the basis of Article 6.2 of the Organic Law 8/1980 will be reduced in the amount of the collection to be distributed to the corresponding Autonomous Communities in accordance with the provisions of the following paragraph. '

Seven. A paragraph 14 is added, passing the current one to be numbered as fifteen, with the following wording:

" Fourteen. Distribution of the collection.

The collection obtained shall be distributed to the Autonomous Communities according to where they radiate the headquarters or the branches of the taxpayers in which the third-party funds are maintained.

Collection derived from funds held by non-face-to-face marketing systems shall be distributed among all Autonomous Communities in proportion to the amount distributed in accordance with the preceding paragraph.

The amount of the collection shall be made available annually to the Autonomous Communities by cash operations, the procedure of which shall be determined in accordance with the rules. "

Second. -A transitional provision is introduced in Law 16/2012 of 27 December, adopting various tax measures aimed at the consolidation of public finances and the promotion of economic activity, with the following wording:

" Transient disposition. Transitional arrangements for the Deposit Tax on Credit Entities in relation to the Autonomous Communities.

As long as the modifications of the financing system necessary for its configuration are not produced as a tribute to the Autonomous Communities, the State will make it reach these, prior to the agreements in the the amount of the tax on deposits in the Credit Entities agreed with the Autonomous Communities, as set out in Article 19 (14) of this Law, without the application of the Article 21 of Law 22/2009 of 18 December 2009 governing the system of financing of the financial institutions of the European Union Autonomous Communities of common regime and cities with Autonomy Statute and certain tax rules are amended, on the review of the global sufficiency fund. "

Additional disposition first. Amendment of Law 39/2007 of 19 November of the Military Career.

A new paragraph is added to paragraph 7 (b) of the fourth transitional provision of Law 39/2007 of 19 November of the Military Career, in the following terms:

"The components of such scales that would have exceeded or exceed the course will have academic recognition equivalent to the academic level of university degree from the time of their incorporation to the new scales."

Additional provision second. Offer of places on the scales of officers and non-commissioned officers of the specific bodies of the armies and of the common bodies of the Armed Forces.

1. In 2014 it is authorised, in addition to the ordinary rate of replacement provided for in Article 21 of Law 22/2013, of 23 December, of General Budget of the State for the year 2014, the call, for the form of direct income, of Up to 200 places on the official scales of the officers specific to the armies and the common bodies of the Armed Forces.

2. Therefore, for the year 2014 the total number of seats offered shall be the total of those corresponding to the ordinary replacement rate of 10% provided for in Article 21 of Law 22/2013 of 23 December 2013 and the additional offer referred to in paragraph 1, The call for a total of 368 places for the form of direct income on the official and 32-seat scales for the officers of the specific bodies of the armies and the common bodies of the Armed Forces, according to the distribution as set out in Annex II to this Act.

3. Likewise, in 2014 the call for the forms of promotion and internal promotion of 196 places on the scales of officers and 886 places on the subofficers of the specific bodies of the armies and the common bodies is authorized. of the Armed Forces, according to the distribution set out in Annex III of this Law.

Additional provision third. Offer of places on the scales of troops and marineria.

The offer of seats for military access to troops and marineria will be the one necessary to reach, at most, the 79,000 troops fixed in the additional tenth fourth of Law 22/2013, of December 23, of General State budgets for 2014.

It is authorized that up to a maximum of 9 percent of the places can be offered for the access of foreigners as soldiers of troops and marineria.

Additional provision fourth. Body and scale access places.

Access to the bodies and scales of the Armed Forces are authorized, after the completion of the training process, which are set out in Annex IV of this Law, without in any case the access to a specific body and scale be able to exceed the number of authorised revenue in the training centres for the same body and scale.

Additional provision fifth. Access to a permanent character services relationship.

1. The convocation of 32 places, corresponding to the ordinary rate of replacement of 10% provided for in Article 21 of Law 22/2013, of 23 December, is authorized for access to a relationship of services of a permanent character for military supplement (Annex V to this Act).

2. The call for 100 places is authorised, corresponding to the ordinary rate of replacement of 10% provided for in Article 21 of Law 22/2013, of 23 December, for access to a relationship of services of a permanent nature for soldiers of troops and marineria (Annex V to this Law).

Additional provision sixth. Volunteer reservists.

The offer of a maximum of 100 places, corresponding to the ordinary rate of replacement of 10% provided for in Article 21 of Law 22/2013, of 23 December, is authorized to access the condition of voluntary reserve (Annex VI of this Act).

Additional provision seventh. Senior level of Civil Guard officers.

The call for direct entry to the military training center for access to the Superior Scale of Civil Guard Officers listed in Annex VII of this Law, corresponding to the Ordinary replacement rate of 10% provided for in Article 21 of Law 22/2013 of 23 December 2013. The access places for such a scale, after the completion of the training process, shall be as set out in the same Annex.

Additional disposition octave. Calls.

The Assistant Secretary of Defense is authorized to publish the corresponding calls to set the selective entry processes.

Additional provision ninth. Event 120 years of the First Exhibition of Picasso.

Paragraph One of the additional fiftieth-eighth provision of Law 22/2013 of 23 December 2013 of the General Budget of the State for the year 2014 is amended as regards the name of the event exceptional public interest " 120 years of the First Exhibition of Picasso. A Coruña, February-May 2015 ', which is read as follows:

" One. The celebration of "A Coruña 2015-120 years later" will have the consideration of an event of exceptional public interest for the purposes of the provisions of article 27 of Law 49/2002, of December 23, of tax regime of the non-Finnish entities. profit and tax incentives for patronage. "

Additional provision 10th. Formalisation of the current budget of Section 34 "Financial Relations with the European Union" of advances to be applied to the budget at 31 December 2013.

The formalization of the current budget of Section 34 "Financial Relations with the European Union" of the outstanding advances to be applied to the Budget at 31 December 2013, made to meet the payment of the Contributions to the European Union per GNI resource, amounting to EUR 30,311,369.51. The advances shall apply to the credit provided for in the 01 ' DG Community Funds. Financial Relations with the EU ", Programme 943M" Transfers to the General Budget of the European Union ", Concept 492" Contribution to the European Union for its own resource based on Gross National Income (GNI) ".

Additional provision eleventh. Amendment of Law 39/2003 of 17 November of the Railway Sector.

An additional new provision is added fourteenth to Law 39/2003 of 17 November of the Railway Sector, which is worded as follows:

" Additional disposition fourteenth. Railway Circulation Regulation.

1. The Railway Circulation Regulation shall establish the operational rules and procedures necessary for the movement of trains, by the General Interest Rail Network, to be carried out in a safe and efficient manner.

2. It will be up to the Council of Ministers by royal decree, on the proposal of the Minister of Public Works, to approve the Railway Circulation Regulation.

3. The safety authority may issue technical recommendations, in order to promote compliance with the Regulation, by railway undertakings and infrastructure managers.

4. As long as the Railway Circulation Regulation is not approved, the provisions currently applicable in this field shall be governed. "

Additional disposition twelfth. Amendment of the Royal Decree-Law 11/2012 of March 30, of measures to speed up the payment of aid to those affected by the earthquake, to rebuild the demolished buildings and to promote the economic activity of Lorca.

The Royal Decree-Law 11/2012 of 30 March, of measures to speed up the payment of aid to those affected by the earthquake, to rebuild the demolished buildings and to promote the economic activity of Lorca, is modified by the next way:

One. A new paragraph 2 is added to Article 2, with the following wording:

" 2. The financing of the actions to be carried out by the City Council of Lorca on municipal infrastructure to support trade and entrepreneurship, as well as improvement in the escape routes in case of a disaster. "

Two. The title and Article 5 (5) are amended as follows:

" Article 5. Financing of the aid and of the actions to be implemented by the City of Lorca ".

" 5. The Instituto de Crédito Oficial will subscribe with the Autonomous Community of the Region of Murcia a bilateral loan, for a maximum amount of 115,000,000 euros, extensible in case of need and with the agreement of the Commission Delegated Commission for Economic matters, in order to be able to pay for:

(a) The aid whose financing is partly due to it, for a maximum amount of EUR 103,000,000.

b) The execution of actions by the Lorca City Council on municipal infrastructure to support trade and entrepreneurship, necessary to promote the recovery of the economic and social activity of the municipality, as well as the improvement of escape routes in the event of a disaster, up to a maximum amount of EUR 12,000,000.

The financial terms of the loan will be agreed by the Institute of Official Credit, with the agreement of the Government's Delegation for Economic Affairs.

Also, the conditions for the provision of the financing provided for in this article, in favour of the City of Lorca, will also be agreed by the Government's Delegation for Economic Affairs.

In any event, the recognition and payment of the aid by the Autonomous Community of the Region of Murcia shall be carried out in accordance with the budgetary and control rules provided for in the legal order of the Community. "

Additional disposition thirteenth. Tax benefits applicable to the "Director Plan for the Recovery of the Lorca Cultural Heritage".

One. The "Plan Director for the Recovery of the Cultural Heritage of Lorca" will have the consideration of an event of exceptional public interest for the purposes of the provisions of article 27 of Law 49/2002, of 23 December, of tax regime of non-profit entities and tax incentives for patronage.

Two. The duration of the programme of support for this event shall be from 1 January 2012 to 31 December 2016.

Three. The certification of the adequacy of the expenses incurred to the objectives and plans of the program shall be carried out in accordance with the provisions of Law 49/2002 of 23 December.

Four. The actions to be carried out will ensure the proper development of the event. The development and implementation of specific plans and programmes of activities shall be carried out by the competent body in accordance with the provisions of Law 49/2002 of 23 December.

Five. The tax benefits of this program will be the maximums set forth in article 27.3 of Law 49/2002, of December 23.

Additional disposition fourteenth. Air Navigation Director Plan.

1. The Ministry of Public Works shall approve, on a proposal from Enaire and for the entire national territory, a Director Plan which shall determine the facilities necessary for the provision of the various air navigation services to be located. out of the airport enclosures, as well as the reserve spaces that guarantee the possibility of development and growth of the air navigation system.

For these purposes Enaire will consult with the designated suppliers at the Spanish airports for the provision of aerodrome air traffic services.

2. The general plans and other urban planning plans or instruments shall describe the facilities and spaces referred to in the previous paragraph as a general system and may not include determinations involving interference or disturbance in the urban area. the exercise of the operating powers of the air navigation system included in the Director Plan for the provision of the relevant services.

This general system will be developed through the corresponding plans or other urban instruments resulting from the applicable urban legislation, which will be formulated by Enaire, according to the forecasts contained in the relevant Director Plan and shall be processed and approved in accordance with the provisions of the applicable urban legislation.

The urban authorities responsible for the approval of such urban instruments in each territory where the facilities and spaces referred to in the Director Plan are located, will give to Enaire the agreement of provisional approval of the same for the body to decide within one month on the aspects of its jurisdiction, in the event of disagreement between the two authorities will open a period of consultations for a period of six months and yes, to the In the case of the Commission, the Commission has not yet reached agreement on the content of the the relevant urban instrument, the file will be forwarded to the Council of Ministers to be informed on a binding basis.

3. The works carried out by Enaire and, as appropriate, the airport operator or the supplier designated at the Spanish airports for the provision of aerodrome air traffic services within the general system defined in the Director Plan shall be adapt to the relevant urban planning instrument. For the purposes of this requirement, they shall be subject to a report from the competent urban administration, which shall be deemed to be in a favourable sense if it has not been expressly evacuated within one month of receipt of the request. documentation. In the event that the instrument referred to in paragraph 2 has not been approved, the works to be carried out shall be in accordance with the Director Plan approved by the Ministry of Public Works.

The new construction, repair and maintenance works carried out in the spaces and facilities provided for in the Director Plan shall not be subject to the municipal preventive control acts referred to in the Article 84.1.b) of Law 7/1985, of April 2, regulating the bases of the Local Regime, for constituting public works of general interest.

Additional provision 15th. Airports of general interest included in the network managed by Aena, S.A.

For the purposes of Chapter I of Title II, they are considered to be included in the network of airports of general interest managed by Aena, S.A., those listed in the Annex to Royal Decree 1150/2011 of 19 July 2011, Royal Decree 2858/1981 of 27 November on the qualification of civil airports is amended.

By order of the holder of the Ministry of Public Works, the relationship of airports that are considered to be included in the network of airports of general interest managed by Aena, S.A., will be modified, taking into account the modifications that are they produce as a result of the authorisations provided for in Article 22, as well as the fulfilment of the objectives of general economic interest corresponding to that network and the exercise of the functions in respect of the qualification of airports of general interest managed by Aena, S.A.

The modification of the airport relationship is considered to be included in the network of airports of general interest managed by Aena, S.A., it may be carried out in the order in which the competences in matter of qualification of airports of general interest.

In relation to the air bases open to the civil traffic, in the Document of Airport Regulation (DORA) will be included the revenues that Aena, S.A., for the exploitation of the air bases open to the civil traffic, as well as the costs or investments to be incurred as a result of such exploitation on the terms agreed with the Ministry of Defence in accordance with the provisions of Article 4a of Law 21/2003 of 7 July 2003 on Air Safety; and Royal Decree 1167/1995 of 7 July 1995 on the arrangements for aerodromes used jointly by an Air Base and an Airport and Air Bases open to civil traffic.

Additional provision sixteenth. Minimum services.

The Ministry of Public Works will determine the minimum mandatory services to ensure at airports of general interest the provision of the airport services necessary for air transport in the cases of labour conflict or business absenteeism in such infrastructure. In determining the minimum services in the network of airports of general interest of Aena, S.A., it will be in compliance with the aims and obligations that are required as an economic service of general interest.

Additional 17th disposition. Budget and multiannual action programme for Aena, S.A.

The forecasts of the operating and capital budgets and the multi-annual action programme which, as provided for in Law 47/2003, of 26 November, General Budget, will be drawn up by Aena, S.A., and incorporated into the Draft General Budget Law of the State will be adapted to the Airport Regulation Document (DORA).

18th additional disposition. Legal regime of Enaire as an instrumental means.

1. The business public entity Enaire will have the consideration of own instruments and technical service of the General Administration of the State and the contracting authorities dependent on it for the realization of any of the activities or services entrusted to it in the field of airports.

By virtue of this nature, Enaire will be obliged to carry out the works, services, studies, projects, technical assistance and the number of actions directly entrusted to it by the General Administration of the State and the (a) the contracting authority (s) which are dependent on it in the form laid down in this provision and, where not provided for in this provision, as established by the entrustment.

2. The amount to be paid for the works, services, studies, projects and other actions carried out through Enaire will be determined by applying the rates that have been approved by resolution of the Assistant Secretary for Development. These tariffs shall be calculated on the basis of the costs of implementation.

3. In respect of the matters referred to in paragraph 1 of this provision Enaire may not participate in the procedures for the award of contracts convened by the General Administration of the State and contracting authorities dependent on it. which is a means of its own. However, where no tenderer is present, the activity under public invitation to tender may be entrusted to Enaire.

4. The execution by entrustment of the activities referred to in paragraph 1 of this provision shall be carried out by Enaire either by the use of his or her personal and technical means, or by the award of all contracts which are precise with subject to the rules on contracts applicable to the business public entity.

Additional 19th disposition. Organs of Government of Enaire.

1. Until the Government approves the Statute of the Enaire Enterprise Public Entity, adapting it to the forecasts contained in Royal Decree-Law 13/2010 of 3 December, of actions in the field of taxation, labor and liberalizing to promote the investment and job creation, the regulation of its governing and management bodies will be as follows.

2. The governing bodies of the Entity shall be its Board of Directors and the President of the Board, a position to be borne by the Secretary of State for Infrastructure, Transport and Housing.

3. Management bodies shall be the Director-General, as well as those other to whom that condition is attributed when the Board of Directors has approved the structure of the Entity, as provided for in Article 18 (b) of the Treaty. its Statute, approved by Royal Decree 905/1991 of 14 June 1991, approving the status of the public body, Spanish Airports and Air Navigation.

4. The Board of Directors shall be chaired by the Secretary of State for Infrastructure, Transport and Housing.

5. The President shall be responsible for the following tasks:

a) Represent the business public entity and its Board of Directors.

b) Call, chair and lift the meetings of the Board of Directors, directing their deliberations and directing their draws with their vote of quality.

(c) Vellar for the fulfilment of the Staff Regulations and for the implementation of the agreements taken by the Board of Directors.

(d) Vellar for the achievement of the objectives assigned to the business public entity in accordance with the guidelines for action to be set by the Ministry of Public Works.

e) Propose to the Board of Directors the appointment of the Director General.

f) Name and separate management personnel.

6. A Commission shall be constituted for the direction of the process of disposal of shares of Aena, S.A., with executive powers, composed of the members of the Board of Directors representing the Ministries of Finance and Administrations. Public and Economic and Competitiveness and the Economic Office of the President of the Government, with the possibility of appointing a non-member alternate to the Council, and chaired by the President of the Board of Directors, with a voice secretary but without a vote. They may attend the meetings of the Commission, with a voice but without a vote, who, by agreement of the Commission, shall be convened by its President. The Commission may also establish its operating system.

7. In all that does not object to the provisions of the above paragraphs, the Statute of the Aena Business Entity, approved by Royal Decree 905/1991 of 14 June, approving the status of the public body, will remain in force. Spanish Airports and Air Navigation.

8. The statutory provisions contained in the preceding paragraphs may be amended by the regulatory standard for approval of the Statute of the Business Public Entity.

320th additional disposition. Extension of the entry into force of Law 20/2011 of 21 July of the Civil Registry.

Law 20/2011, of July 21, in the part that the day of the publication of Royal Decree-Law 8/2014, of July 4, would not have entered into force, will do so on July 15, 2015.

Additional provision twenty-first. Conduct of the Civil Registry.

As of the entry into force in full of Law 20/2011, of July 21, of the Civil Registry, the Civil Registry will be entrusted to the Registrars of the Property and the Mercantile that in each moment have the offices of the Trade Registry, for reasons of its territorial jurisdiction. Such offices shall be referred to as Civil and Commercial Registry Offices.

Additional provision twenty-second. Gratuitousness of the public service.

As of the entry into force in full of Law 20/2011 of 21 July of the Civil Registry, the provision of the public service constituting the Civil Registry will continue to be free, without exception of any kind.

Additional provision twenty-third. Other amendments to the Law 20/2011, of 21 July, of the Civil Registry.

The Government will promote, as soon as possible, the amendments to the Law 20/2011 of 21 July of the Civil Registry, necessary for its adaptation to the civil registry by the Registrar of the Property and Mercantiles that at each moment have the offices of the Commercial Registry, including the rules of jurisdiction for the registration of the facts and acts that must have access to the Civil Registry and the regime of the staff to the service of the Administration of Justice currently allocated in the Civil Registry.

Additional 24th disposition. Uniformity of computer systems and applications in the Civil Registry Offices.

1. All Civil Registry Offices, including Consular Offices, shall use a single computer system and one application, which shall be in operation by 15 July 2015, and which shall be approved by the General Directorate of the Registers and of the Notary.

The indicated system and application will be subject to compliance with the maximum levels of safety and other requirements established by the Organic Law 15/1999, of December 13, of the Protection of Personal Data, the National Security and Interoperability Schemes and other security regulations that apply to them in the light of the confidentiality, integrity, availability, traceability and authenticity of the data.

2. The procurement that aims at the creation, maintenance, subsequent management and security of the single computer system and the electronic format of the Civil Registry and its communications network, and those of other records and services, the organization and management of which is the responsibility of the General Directorate of the Registers and Notaries, which, by order of the Minister of Justice, shall be determined, shall be carried out by the Corporation of Public Law which is created by the Provision. Within three months of the publication of the Royal Decree-Law 8/2014 of 4 July, the aforementioned Corporation will formalize the contracts relating to the computer system necessary for the integrated and complete management of the Civil Registry and the these records and services are subsequently made by the contracting authorities of the necessary adaptations or updates.

However, the General Directorate of the Registers and the Notary will entrust to the public company "Systems Engineering for the Defense of Spain, S.A." or other own means or administrative unit to be determined by the Ministry of Justice:

(a) The initiation of the file and the drawing up of the specifications of particular administrative clauses and technical prescriptions to govern those contracts.

b) Select contractors and award contracts.

c) Project monitoring and monitoring.

The payment of the price, including the derivative of the provision of the permanent services that correspond, will be fully satisfied by the Corporation of Public Law to which this Disposition refers.

For the purposes of this provision, the registrars who are responsible for the conduct of the Civil and Commercial Records at any time will be integrated into the indicated Corporation of Public Law, which is responsible for Contracting the system and its subsequent management, maintenance, conservation and updating; this Corporation shall have its own legal personality and full legal capacity for the fulfilment of its purposes, administering to that end its own patrimony separated. For these purposes, the duties collected by the registrars will be affected by the direct coverage of the expenses that the Corporation will create and manage, as part of the general operating and conservation of the offices.   The structure and organs of the Corporation referred to in this Disposition, as well as the system of contribution by the registrars integrated in it, of the necessary quotas for the appropriate one shall be determined. to support it, on the principle of the distribution of the expenses among the registrars, in proportion to the number of registered transactions carried out by them.

Additional provision twenty-fifth. Functions of the Courts and Courts in the field of Civil Registry.

Until the functions of the Civil Registry are assumed, in accordance with the law, by the Registrar of the Property and the Mercantile that at each moment have the offices of the Commercial Registry, the competence for the practice of the seats, as well as for issuing certifications and, in general, for the other actions to be carried out in the Civil Registry it will be up to the Judges and Magistrates who up to that moment have the condition of Responsible for the Civil Registry, or the Secretaries, by delegation of those of the certification capacity, and will be carried out in accordance with the Law of 8 June 1957, of the Civil Registry, in the offices in which they are currently provided.

Additional provision twenty-sixth. Bonus in the contribution to Social Security for the external curricular practices of university students and vocational training.

The external curricular practices carried out by university students and vocational training students, which have the character exclusively of assimilating employees for the purposes of their integration into the scheme General of Social Security in accordance with the provisions of the Additional Disposition 3 of Law 27/2011 of 1 August on the updating, adaptation and modernization of the Social Security system, developed by the Royal Decree 1493/2011 of 24 October, for which the terms and conditions of inclusion are regulated in The General System of Social Security of persons participating in training programmes shall have one hundred per cent bonus in the contribution to Social Security from 1 August 2014.

Additional provision twenty-seventh. Accreditation of compliance with the requirement to be current in the tax obligations for the enjoyment of bonuses and reductions in social security contributions.

Compliance with the requirement to be current in the tax obligations in order to qualify for any bonuses and reductions in social security contributions, as well as for the maintenance of the right to the same, shall be credited by issuing the corresponding certificate by means of telematics by the competent authority. This certificate shall be valid for six months and for all purposes this requirement shall be deemed to be met during the said period when the certificate issued is positive.

First transient disposition. Payment of remuneration during the second remuneration period of 2014 for transport activities, regasification plants, basic storage and distribution.

Until the approval of the remuneration of the second regulatory period of 2014 referred to in Articles 63.1 and 64.1 the amounts due account to be provisionally considered in the settlements the remuneration of the second period shall be, for each of the transport undertakings, regasification plants, basic storage and distribution, the proportion of the remuneration shown in Order IET/2446/2013 of 27 December.

After the approval of the ministerial orders corresponding to the remuneration of the second period, the payment obligations shall be settled or, where appropriate, the payment entitlements resulting from their application from the following the liquidation of the National Markets and Competition Commission after the date on which those orders are approved. These amounts shall be considered as income or liquidable cost of the system for the purposes set out in the procedure for the settlement of the costs of the gas system.

Second transient disposition. Operating gas for self-consumption of regasification plants.

Transiently until December 31, 2017, a percentage of the total amount acquired as operating gas for self-consumption will be recognized. The resulting amounts finally recognised for each installation, which shall be fixed by resolution of the Directorate-General for Energy Policy and Mines, shall have the consideration of liquidable costs of the gas system.

The amount finally recognized will respond to the following annual percentage applied on the total amount of gas for self-consumption acquired according to the procedure determined by the Resolution of the State Secretariat of Energy:

		2014	2015	2016	2017
100%	100%		90%	50%	20%

Transitional provision third. Application of the geodetic reference system.

The provisions of Article 67,One of this Law and the second and third paragraphs of Article seventy-six. Two of the Law 22/1973, of 21 July, of Minas in its new wording will apply from January 1, 2015. Until then, for the granting of the mining rights, the reference ellipsoid will be the international of Hayford (Madrid, 1924), European datum (Postdam, 1950) and meridian of Greenwich as origin of lengths. The Universal Transversal Mercator (UTM) and the distribution of international zones and zones will be adopted. For the rights of the public domain of hydrocarbons, the provisions of Article 16.3.2. of the Regulation of the Law on the Investigation and Exploitation of Hydrocarbons of 27 June 1974, approved by Royal Decree 2362/1976, of 30 June 1974, will be complied with. July, in which it does not object to Law 34/1998, of 7 October, of the Sector of Hydrocarbons, in its redactions in force before the entry into force of this Law.

Transitional disposition fourth. Transitional rules regarding tariffs until the implementation of the first Airport Regulation Document (DORA).

1. The amount of the airport fees of Aena, S.A., at the entry into force of this Law will be the one established in Articles 68 and 72 to 90, both inclusive, of Law 21/2003, of July 7. Its update, until the implementation of the first Airport Regulation Document, will be in line with the provisions of this provision.

2. The updating of the tariffs, which will have to take into account the bonuses provided for reasons of general interest, will be carried out, subject to the consultation procedure provided for in Article 98 of Law 21/2003 of 7 July 2003. Air Safety, as provided for in Article 92 of Law 21/2003 of 7 July 2003, by applying the ceilings for maximum amounts of the airport charges laid down in the sixth paragraph of Article 6 (1). For these purposes, it is considered as bonuses provided for in the general interest, those laid down in Law 21/2003 of 7 July, and other applicable legislation, as well as in the order referred to in Article 32 of this Law.

In the consultation procedure the parties are required to supply the information provided for in Article 35 of this Law.

3. Received the proposal to modify or update the public property services, the National Commission of the Markets and the Competition will supervise the procedure of consultation and transparency and the fulfillment of the previewed Paragraph 2. Similarly, the National Commission on Markets and Competition shall verify, ex officio and, where appropriate, in the resolution of the resources of the representative associations of users, if the proposal is justified, according to the forecasts contained in the plans directors, the traffic demands, the requirements and needs of airport user companies and appropriate quality standards, as well as whether it meets the criteria of non-discrimination, objectivity and transparency and whether it ensures the sustainability of the network.

For the purposes of the foregoing paragraph, the National Markets and Competition Commission shall have access to all necessary information and, in particular, to the information referred to in paragraph 3 and to the agreements. on the level of services that could be reached.

In the case of inadmissibility of the proposal where the proposal has been made without the procedure referred to in Article 98 of Law 21/2003, of 7 July, of Air Safety, the airport manager shall be granted a period of time. in order to remedy the deficiencies identified, after which the conditions for the admission of the proposal have not been remedied or maintained, the National Markets Commission and the Competition will forward the proposed tariff modification where appropriate, in accordance with the provisions of paragraph 2, duly justified and in which the the identified irregularities, to the competent body for incorporation into the relevant draft law.

In the supervision that the proposals for modification or updating of airport charges submitted by the airport operator are in line with the provisions of paragraph 2, the National Markets Commission and the Competition shall forward to the competent body for inclusion in the relevant preliminary draft law, the proposals of the airport manager meeting those criteria.

In another case, the National Commission of the Markets and the Competition will inform the airport manager of the revised tariff modification or, where appropriate, the criteria that would follow for the proposal to guarantee compliance of the provisions of the preceding paragraph and the deadline for submitting the new proposal adjusted to those criteria. Having received the communication from the airport manager or after the period granted to the effect without having obtained it, the National Commission of the Markets and the Competition will forward the revised tariff modification to the competent organ for its inclusion in the relevant draft law. In the proposal of the National Commission for Markets and Competition, the tariff modification proposed by the National Commission on Markets and Competition as well as the point of view of the manager will be clearly and accurately stated. airport.

From the agreement of the National Commission of the Markets and the Competition on the proposal, which must be adopted within the maximum period of four months, will be transferred to Aena, S.A., to the organizations or associations representative of users and the competent body for inclusion in the relevant draft law.

4. The General Budget Law of the State of each year may modify or update the airport fees of Aena, S.A.

In any case, the Ministry of Public Works will incorporate into the bill corresponding to the proposal of the National Commission of the Markets and the Competition on the updating or modification of the rates of Aena, S.A., in its strict terms.

During the parliamentary process of this bill, Aena, S.A. will follow up the amendments submitted that affect the modification or update of its tariffs and will lead to the transfer of those that occur to the representative associations of users, as well as the National Markets and Competition Commission.

Transient disposition fifth. First Airport Regulation Document (DORA).

1. The first approved Airport Regulation Document (DORA) will take effect at most in three years from the entry into force of this Act.

2. The airport charges in the first two exercises of application of the first Airport Regulation Document (DORA), will be fixed for the immediate year prior to its application, adjusted only to the maximum annual income per passenger (IMAP).

Transitional disposition sixth. Establishment of efficiency conditions for the period 2015 -2025.

1. If the circumstance were to occur that in the Airport Regulation Documents (DORA) values of the maximum annual per passenger income (IMAP) would be defined for the years 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022, 2023, 2024, 2025 and that the application of the methodology for the calculation of the maximum annual per passenger income (IMAP) would lead to an increase in excess of the percentages shown in the following table:

2015	2016	2017	2018	2019	2020	2021	2022	2023	2024	2025
	0%	0%	0%	0%	0%	0%	0%	0%	0%	0%	0%

The maximum increase to be applied will be the one that results from applying such percentages, with the exceptions expressly mentioned in this provision. These limits will also apply to the calculation of the annual maximum income per adjusted passenger (IMAAJ) during those years. For the exercises prior to the first Airport Regulation Document (DORA) they will also apply those maximum increases to the rate amounts.

2. The first DORA will be subject to the following rules:

(a) The maximum annual average investment level for the period shall be EUR 450 million, and this threshold cannot be exceeded except for regulatory changes that are of a non-deferred and unforeseeable nature required by a standard with a range of law, or by royal decree in application of the mandatory Community and international regulations for Spain.

b) In no case shall the accumulated deficit during the first DORA, joined to the corresponding one for previous years, be transferred to the second DORA.

(c) By an exceptional nature, by agreement of the Council of Ministers and prior to the report of the Government of the Government for Economic Affairs and the Directorate-General for Economic Policy of the Ministry of Economy and Competitiveness, an increase in the maximum revenue per passenger above the percentage provided for in paragraph 1 may be allowed if any of the following assumptions are given:

i. Where, by regulatory changes required by a law with a range of law, or by royal decree in application of the Community and international rules of compulsory compliance for Spain, they should be authorized, with an indefatiable character or unforeseeable, investments amounting to more than EUR 450 million during the first DORA.

The Council of Ministers, after a report from the Government's Delegate Committee for Economic Affairs, will assess the provenance of raising investments above the above threshold according to the criteria of the previous paragraph.

ii. Where the unforeseeable evolution of the costs beyond the control of the operator appropriately recognised by the regulator cannot be compensated or offset by efficiency measures to ensure the increase in maximum revenue per passenger provided for in paragraph 1 without putting the standards laid down in the Airport Regulation Document at risk.

Where the P-index defined in Annex VIII exceeds 1% annually, other cost items shall be reviewed in accordance with the principle of efficiency and sound economic management. If, for exceptional reasons, it was not possible to ensure the maximum increase in revenue as set out in paragraph 1 by means of efficiency measures, the Council of Ministers, following a report by the Government's Delegation for Economic Affairs, appreciate the need to increase the maximum revenue per passenger beyond the limits provided for in paragraph 1.

Taking into account general interest reasons such as the evolution of economic activity, the Council of Ministers prior to the report of the Government Delegation for Economic Affairs may agree that a part of the impact of the events listed in the preceding letters are assumed by the operator.

3. During the second DORA they shall apply the same rules as those provided for in paragraph 2, with the following specialties:

(a) Investments in excess of EUR 450 million may be authorised, for other exceptional reasons appreciated by the Council of Ministers in addition to those provided for in paragraph 2 (a).

(b) It cannot be agreed that Aena will partially assume the impact of the overcome and authorised changes that will motivate the need to increase revenues.

c) In no case shall the accumulated deficit during the second DORA be transferred to the next five years.

4. Until 2025, the ratio resulting from the division of the regulated costs (including no amortisation and capital costs) by the traffic units (ATU) as defined in Annex VIII to this Act, cannot exceed the value of that ratio recorded in the year 2014.

5. If, during the period indicated in the table, the application of the formula in some annuity results in a result lower than the ceilings laid down, those ceilings may be applied to the object that Aena, S.A. may recover from that time the deficit in which he had been incurring.

Transitional disposition seventh. Gradual implementation of the double box from the beginning of 2015 to the end of 2018.

Without prejudice to the provisions of the Sixth Transitional Disposition, from the year 2015 and for a period of four years, to obtain the required regulated income of the five-year period, the result shall be added to the result the formula of the annual required regulated revenue described in Annex VIII (6), the operating costs and capital cost incurred by the activities related to the non-regulated private prices of the terminal areas and (a) to deduct the revenue corresponding to the non-regulated private prices derived from the those terminal areas, both affected by the correction coefficient K, which is then detailed according to the year of application:

Correction Coefficient K

2015	2016	2017	2018
60%	40%	20%	0%

Revenue, expenses, investments and other items generated by expansion and international development activities shall not be considered for the purposes of the gradual application of a double-box, not taking into account the acquisition of the of the required regulated revenues of the five-year period.

Transient disposition octave. Public heritage benefits by load.

The collection of public property benefits due to the burden incurred prior to the entry into force of the amendments introduced by this Law in Articles 68.2 (i), 79 to 81, inclusive of Law 21/2003, of 7 of July, Air Safety, shall be carried out in accordance with the provisions of Article 69 of that Law.

transient disposition ninth. Transitional rules in relation to the Airport Coordination Committees.

1. Within 15 days of the entry into force of this Law, the Secretary of the Committee appointed by the Board of Directors of Aena, S.A., in accordance with the provisions of Royal Decree 697/2013 of 20 September, which regulates the Organisation and operation of the Airport Coordination Committees, shall seek:

(a) The Secretary-General of Transport, the appointment of the representative of the Ministry of Public Works and his/her deputy.

(b) The Board of Directors of Aena, S.A., the appointment or confirmation of the two vowels representing the company in the Committee in accordance with the new composition and its alternate, identifying the one to exercise as secretary.

(c) The Government Delegate in the respective Autonomous Community or City with Autonomy Statute, the appointment of the representative of that institution and his alternate.

d) For each Autonomous Community or City with Autonomy Statute, the designation of the second vowel representing representative economic and social organizations.

2. The competent bodies for the designation of the new members of the Coordination Committees shall meet the requirement referred to in paragraph 1 within one month of their receipt.

3. After the period provided for in paragraph 2, the new members appointed shall be integrated into the Committee and shall begin to perform their duties as the Secretary of the Committee, the vowel designated for these purposes by Aena, S.A., by ceasing to be the voice or Non-confirmed vowels of those appointed by the Board of Directors of Aena, S.A., prior to the entry into force of this Law.

If in that period the voice of Aena, S.A., which must act as secretary, had not been produced, it will act as such the vowel who would have been performing such a function.

The term designation of one of the new vowels shall not prevent the integration into the Committee of those who have been appointed in time, the remainder being incorporated as the respective designation occurs.

Transient disposition tenth. Transitional rules for the classification of airports for the purpose of the application of airport charges in Aena,

Until the adoption of the order of the holder of the Ministry of Promotion of Classification of Airports provided for in Article 32, the airport charges of Aena, S.A., will be applied according to the classification provided for in the article 73 of Law 21/2003, of July 7, of Air Safety.

Transient disposition eleventh. Transitional rules for airport functions.

The airport functions that have not been assumed by Aena, S.A., will continue to be exercised by the business public entity Enaire transiently until they are assigned to another body.

Transient Disposition twelfth. Transitional rules regarding the verification of the computer file with respect to the liquidations to be paid to the Maritime Companies.

The obligations contained in paragraph 12 of the additional third provision of Law 17/2012, of 27 December, of the General Budget of the State for the year 2013, added by Royal Decree-Law 1/2014, of 24 January, reform in the field of infrastructure and transport, and other economic measures, shall be required from 1 July 2014.

Repeal provision.

1. Any rules of equal or lower rank shall be repealed or are contrary to the provisions of this Law.

2. Expressly repealed:

(a) Chapter II of Order TAS/1622/2007 of 5 June 2007 governing the award of grants to the programme for the promotion of self-employment.

(b) Article 18.2.f) of the recast of the Law on Infringements and Sanctions in the Social Order, approved by the Royal Legislative Decree 5/2000 of 4 August.

(c) Royal Decree-Law 12/1978 of 27 April on the fixing and delimitation of powers between the Ministries of Defence and Transport and Communications in the field of civil aviation.

(d) Article 16.3.2 of the Regulation of the Law on Hydrocarbons Research and Exploitation of 27 June 1974, approved by Royal Decree 2362/1976 of 30 July.

e) The second paragraph of Article 99.1 of the General Regulation for the Mining Regime approved by Royal Decree 2857/1978 of 25 August 1978.

(f) The fourth transitional provision of Law 34/1998 of 7 October of the Hydrocarbons Sector.

(g) Articles 5 and 6 of Royal Decree-Law 15/1999 of 1 October approving measures for the liberalisation, structural reform and increased competition in the hydrocarbon sector.

Final disposition first. Competence title.

1. The new wording of Article 6 (1), (2) and (3) of Law No 7/1996 of 15 January 1996 on the Management of Retail Trade is issued under the provisions of Article 149.1.13 of the Constitution, which gives the State the power to exclusive on "bases and coordination of the overall planning of economic activity".

2. The new wording given in Article 6 (4) and (5) is issued under the provisions of Article 149.1.18 of the Constitution, which confers exclusive competence on the State on the "common administrative procedure" and on the protection of the Article 149.1.13 of the Constitution, which attributes to the State exclusive competence on the basis of "bases and coordination of the general planning of economic activity."

3. Articles 4, 5 and 7 of this Law are issued under the terms of Article 149.1.13. of the Constitution which attributes to the State the competence on the "bases and coordination of the general planning of economic activity."

4. The provisions of Chapter I and II of Title II of this Law are given in the exercise of exclusive State powers in matters relating to airports of general interest, air space control, transit and air transport, on merchant marine and ports of general interest, in accordance with Article 149.1.20. of the Constitution. However:

(a) The modification of the Royal Decree-Law 11/2012 of 30 March 2012 and of the amendments affecting Law No 3/2013 of 4 June, of the creation of the National Commission of the Markets and the Competition, are given in the exercise of the exclusive state powers in terms of bases and coordination of the overall planning of economic activity, in accordance with Article 149.1.13. of the Constitution.

(b) The amendment of the Law on the Railway Sector is dictated by the exercise of exclusive state powers in the field of railways and land transports which run through the territory of more than one Community. Autonomous, in accordance with Article 149.1.21. of the Constitution.

5. Title III is issued under the terms of Article 149.1.13. and the 25th of the Constitution, which attribute to the State exclusive competence in the field of bases and coordination of the general planning of economic activity and bases of the energy regime and mining, respectively.

6. The provisions of Title IV are laid down in accordance with Article 149.1.7. of the Constitution, which confers exclusive competence on matters of labour law to the State, without prejudice to its implementation by the Member States. bodies of the Autonomous Communities; on the basis and coordination of the general planning of economic activity; and of basic legislation and the economic system of social security, without prejudice to the execution of its services by the Autonomous Communities.

7. The provisions of Title V are given in accordance with the provisions of Article 149.1.14. of the Constitution, which gives the State exclusive competence in the field of general finance.

8. The additional provisions 20 to 25 of this Law are issued under the terms of Article 149.1.8. of the Spanish Constitution, which gives the State exclusive competence in the field of the management of public records and instruments.

9. The additional provisions 1 to 8 are issued under the terms of Article 149.1.4. of the Spanish Constitution, which attributes exclusive competence in the field of Defense and Armed Forces to the State.

10. Chapter III of Title I is issued in accordance with the provisions of Article 149.1.6., 11. and 13. of the Constitution.

Final disposition second. Regulatory enablement.

1. The Government and the holders of all the ministerial departments, within the scope of their respective powers, are empowered to lay down the provisions and to take the necessary measures for the development and implementation of the provisions of this Directive. Law.

2. The Government shall determine the legal regime applicable to the remote-controlled civil aircraft, as well as to the operations and activities carried out by them.

The content of Article 50 shall not be valid for the entry into force of that regulatory rule.

3. The Government is enabled to approve a royal decree that will apply throughout the Spanish territory in which a procedure is established for the management of the mining rights that will be affected by the change of the geodetic system of reference approved by this Act.

4. The head of the Directorate-General of the Ministry of Employment and Social Security who is responsible for the administration of the European Social Fund is empowered to issue, in the field of his powers, how many provisions necessary for the application of the provisions of this Law, as well as for the enabling of the forms and models necessary for its development.

5. The State Aviation Safety Agency and the Directorate-General for Civil Aviation may, in the field of their respective powers, dictate how many resolutions are necessary for the implementation of this Law, as well as acceptable means of compliance, guidance material or any other resolution to facilitate compliance.

6. The Government is enabled to approve by royal decree, of application throughout the Spanish territory, a procedure for the management of the mining rights and the rights of the public domain of hydrocarbons that are affected by the change of the Geodetic system of reference approved by Royal Decree 1071/2007, of 27 July, for which the geodetic system of official reference in Spain is regulated.

7. The Government is authorised to establish, by means of a royal decree, the obligation to record heat, cold and hot water consumption in existing buildings resulting from the transposition of the Parliament's Directive 2012/27/EU. European Union and the Council of 25 October 2012 on energy efficiency, amending Directives 2009 /125/EC and 2010 /30/EU and repealing Directives 2004 /8/EC and 2006 /32/EC.

Final disposition third. Incorporation of Community law.

By Chapter IV of Title V, Directive 2012/27/EU of the European Parliament and of the Council of 25 October 2012 on energy efficiency, amending the Directive, is partially incorporated into Spanish law. Directives 2009 /125/EC and 2010 /30/EU and repealing Directives 2004 /8/EC and 2006 /32/EC.

Final disposition fourth. Amendment of regulatory provisions.

1. Determinations included in regulatory standards that are subject to amendment by this Law may be modified by rules of the regulatory range corresponding to the standard in which they are listed.

2. The Government is also entitled to amend Articles 63 and 64 and Annexes X (Methodology for the calculation of remuneration for distribution activity) and XI (Methodology for the calculation of the remuneration of transport activities, regasification). and basic storage) of this Law and the Minister of Industry, Energy and Tourism to develop the content of all the above.

Final disposition fifth. Entry into force.

1. This Law shall enter into force on the day of its publication in the Official Gazette of the State.

2. Articles 92, 98 and 100 of Law 21/2003 of 7 July 2003 on Air Safety will retain their effectiveness until the date of application of the first Airport Regulation Document (DORA), to which effect this date will be published in the Official Gazette. " by resolution of the Secretary of State for Infrastructure, Transport and Housing.

3. Article 73 of Law 21/2003, of 7 July, of Air Safety, shall retain its effectiveness until the date of application of the order of the holder of the Ministry of Public Works provided for in Article 32.3 of this Law.

Therefore,

I command all Spaniards, individuals and authorities, to keep and keep this law.

Madrid, October 15, 2014.

FELIPE R.

The President of the Government,

MARIANO RAJOY BREY

ANNEX I

Determination of the municipalities of more than 100,000 inhabitants that in 2013 recorded a hotel occupancy exceeding 600,000 people or a number of tourist cruise passengers exceeding 400,000, for the purposes of declaration of areas of great tourist influx in the year 2014

	# of inhabitants (*)	N. ° of hostelages during 2013 (**)	Tourist cruise passenger number during 2013 (***)
Gijon	275.274	623.943	14,291
A Coruña	245.923	744.596	156,890
Oviedo	225.089	709,606
Border Jerez	211.670	601,444
	Almeria	192.697	641,073	16,972
Donostia/San Sebastian	186,500	1.070,409
Santander	177.123	698.249	16,747
Salamanca	149,528	953.502
Marbella	142.018	2.463.457
	Leon	130.601	613,480

Sources:

* INE Municipal Padron 2013.

** INE Hotel Occupation Survey 2013.

*** Ministry of Development, Ports of the State 2013.

ANNEX II

DIRECT REVENUE

7

7

Total Military Add-on Military

			. Career
Scales
Army	General Body (a)	182
	Intrend Body	6
Navy	General Body (a)	40
	Marine Corps (a)
	Body Intrend	3
	Corps of Engineers
Army	General Body (b)	49
	Intrend Body
	4		4
Common Bodies	Military Legal Body	4
	Military Intervention Corps	3
	Healthcare Military Body (c)	38
	1
1
Total Scales of Officers		349
Technical Scales
Army	Polytechnical Engineers Body
Force	Engineers Body	2
Total Technical Scales		4
Officers
Bodies	Military Body of Health	12
Total Nurse Officers Scale
Subofficers
Army	General Body (s)	14
Armada	General Body (s)	5
	Marines	2
7
	7
Military Music Body (d)	4
Total Subofficial Escalations
32
						2. Add-on
Bodies	Military Body of Health (e) Scale
	3
Total direct income		400

ANNEX III

Promotion (f)

Intrend Body

Common

	Scales	Military Carrera (g)	Add-on Military (h)	Troop and Marinery Military (i)	Total
		22	23	23	23	23
2	3	2	7
Polytechnical Engineer Body	3	1	1	5
Armada
General Body (k)	6	6	6	18
Corps (I)	2	2
2	2	6	4	1	7
1		3	2	1
Air
General Body (m)	6	7	7	19
Intrend Body	2	2	2	6
Body	1	1		3
Legal Body	2	1	1	4
Military Body	2	1	1	4
7		4	5	5	5	5
Musician Body (q)			1	2
		55	54	54	54	54 Ders_table_body"> 171

Military

Military

(g)

	Military	Add-in Military (h)	Troop and Marinery Military (i)	Total
Earth	Earth Army
Corps of Engineers Polytechnics	4	2	3	9
	Armada
Engineers Body	1	2	1	4
Air
Engineers Body	2	2	1	5
	7	7	6	5	18

Military

Military

g)

Military	Add-on Military (h)	Troop and Marinery Military (i)	Total
	5		1	1	1	1	1
Total Nurse Officers Scale	1	5	1	7

Subofficial Escalas

Troop and Marinery Military (or)
Earth
General Body	495
	Armada
General Body	140
Infantry	21
General Body (r)
Musicians Body	11
Total Subofficers	886
Total Promotion	1082

ANNEX IV

Career and Military Scale Access Places

Race Military 1399

Add 3 Military

Total 1402

ANNEX V

Places for access to a permanent character services relationship

32 Add-on Military

Troop and Marineria 100 Military

ANNEX VI

Places for access to the volunteer reservist condition

For the set of the Armed Forces 100

ANNEX VII

Civil Guard

Official Top Scale

Direct Income Teaching Center for Military Training 32

Access to Scale 100

Notes:

(a) Plazas without requiring prior university degree.

(b) Of the 49 places assigned to the General Corps of the Air Force, 44 will be without requiring prior university degree and 5 with prior university degree requirement, as provided for in Article 57.1 of the Law 39/2007 of 19 November of the military career, and in the transitional provision fourth point 2 of Royal Decree 35/2010 of 15 January 2010 approving the Regulation on the entry and promotion and management of training in the Armed Forces. Places not covered in any of the quotas will be accumulated to the other.

(c) Of these 38 places, 15 will be offered for the fundamental specialty of Medicine through the form of direct income without requiring prior university degree, as provided in the fifth final provision of the Law Organic 9/2011, of July 27, of rights and duties of the members of the Armed Forces, which modifies the additional provision sixth of Law 39/2007, of 19 November, of the military career. The corresponding call will determine the places to be offered with acquired credits, as set out in the fourth additional provision of Royal Decree 35/2010, of 15 January, approving the entry regulation and promotion and management of training in the Armed Forces, as amended by Royal Decree 1141/2012 of 27 July 2012. Of those offered for admission to the main specialty of Medicine with a requirement of prior qualification, up to a maximum of 10 may be published with the requirement of a medical-surgical specialty.

(d) Uncovered squares will be accumulated to the promotion places, offered in the same body and scale.

(e) Plazas for the fundamental specialty Medicine, one of which will be offered with a requirement of medical-surgical specialty. National and foreign nationals may be present at these places in accordance with the provisions of the Additional Disposition, sixth point 2 of Law 39/2007 of 19 November, of the military career, as amended by the final fifth point of the Organic Law. 9/2011, of July 27, of rights and duties of members of the Armed Forces. The places not covered will be accumulated to the places offered for direct income with demand for certification on the scale of officers of the Military Body of Health, major medical specialty.

(f) The places offered to the staff holding each of the three military conditions that are not covered will be offered to the staff of the other two. The order of priority in case there are applicant personnel coming from different conditions will be: first military of race, second military of troops and marine, third military of complement for change of scale and fourth military of complement for body change. This offer will be made after the accumulation of places between the two forms of promotion of the military complement. For the places offered to the Military Body of Health, major medical specialty, without requiring prior certification, the rules applicable to the accumulation will be determined in your specific call.

(g) For military officers and non-military officers, except for military officers in addition to Law 17/1999, under the conditions laid down in Article 62 of Law 39/2007 of 19 November of the military career. In the General Corps of the armies and Marines the places offered will be for the form of promotion for change of scale.

(h) For internal promotion for change of scale and promotion for change of body of military complement of Law 17/1999 and for change of scale of the military complement of Law 39/2007, under the established conditions in the transitional provision fifth point 4, in Article 62 point 5 of Law 39/2007 of 19 November, of the military career, and in the transitional provision third point 4 of the Regulation of entry and promotion in the Armed Forces. For these places the promotion for change of scale will be preferred. Seats not covered for promotion for change of scale shall be accumulated, where appropriate, to those offered for change of body, and vice versa.

(i) For soldiers of troops and mariners, under the conditions set out in Article 62 of Law 39/2007 of 19 November of the military career.

(j) Of the 23 seats offered to the military and of the 23 seats offered to soldiers of troops and marineria will be reserved 4 and 4, respectively, under the conditions set forth in the fourth transitional provision of the Royal Decree 35/2010, of 15 January, approving the regulation of entry and promotion and management of training in the Armed Forces, concerning the promotion for change of scale with a requirement of university degree prior. If not covered, the places offered for admission with prior university degree requirement will be accumulated to those of promotion without requiring prior university degree, and vice versa.

(k) Of the 6 seats offered to the military and of the 6 seats offered to soldiers of troops and marineria will be reserved 2 and 2, respectively, under the conditions established in the transitional arrangement of the Royal Decree 35/2010, of 15 January, approving the regulation of entry and promotion and management of training in the Armed Forces, concerning the promotion for change of scale with a requirement of university degree prior. If not covered, the places offered for admission with prior university degree requirement will be accumulated to those of promotion without requiring prior university degree, and vice versa.

(I) Of the 2 seats offered to the military of the race and the 2 seats offered to soldiers of troops and marineria will be reserved 1 and 1, respectively, under the conditions established in the transitional arrangement of the Royal Decree 35/2010, of 15 January, approving the regulation of entry and promotion and management of training in the Armed Forces, concerning the promotion for change of scale with a requirement of university degree prior. If not covered, the places offered for admission with prior university degree requirement will be accumulated to those of promotion without requiring prior university degree, and vice versa.

(m) Of the 6 seats offered to the military and of the 7 seats offered to soldiers of troops and marineria will be reserved 2 and 2, respectively, under the conditions established in the transitional arrangement of the Royal Decree 35/2010, of 15 January, approving the regulation of entry and promotion and management of training in the Armed Forces, concerning the promotion for change of scale with a requirement of university degree prior. If not covered, the places offered for admission with prior university degree requirement will be accumulated to those of promotion without requiring prior university degree, and vice versa.

(n) For the primary specialty Address.

(o) For soldiers of troops and marineria, under the conditions laid down in Article 62 of Law 39/2007 of 19 November, of the military career, and Article 15 of Law 8/2006, of 24 April, of Troop and Marineria.

(p) Of these 16 places, 10 will be offered for the fundamental specialty of Medicine through the form of admission without requiring university degrees, as provided in the Final Disposition of the Fifth of the Organic Law 9/2011, of 27 July, on the rights and duties of the members of the Armed Forces, which amends the Additional Disposition sixth of Law 39/2007 of 19 November of the military career. The corresponding call will determine the places to be offered with acquired credits, as set out in Additional Disposition 4 of Royal Decree 35/2010 of 15 January, approving the Income Regulation and promotion and management of training in the Armed Forces, as amended by Royal Decree 1141/2012 of 27 July 2012.

(q) Of the two places offered one will be for the fundamental specialty of Instrumentalist, reserved for non-commissioned officers of the Corps of Military Musicians, as established in article 62.2 of Law 39/2007, of 19 of November, the military race. The other will be for the fundamental specialty of Direction and may be requested indistinctly by subofficers and soldiers of troops and marineria.

(r) Of the 219 places allocated to the General Air Force Corps will be reserved 10 under the conditions set out in point 6 (b) of Article 17 of Royal Decree 35/2010, of 15 January, approving the Regulation of entry and promotion and management of training in the Armed Forces; of the latter, the non-covers will be accumulated to those offered without requiring prior certification of Superior Technician.

(s) Plasts without prior requirement of higher Technician titration.

(t) Places not covered by promotion or internal promotion cannot be accumulated, in any case, to the places of direct entry of the career military. In the corresponding calls and only for the promotion scenarios, specific cumulation rules may be established, always within each form of income v between the two forms of income per promotion.

ANNEX VIII

Methodology for the determination of annual maximum revenue per passenger (IMAP) in the Five-year Airport Regulation Document (DORA)

1. The annual income per passenger that Aena S.A. will be able to obtain for the public assets will be limited during each of the five years collected in the DORA. This limit, referred to as the maximum annual per passenger income (IMAP), shall be determined for the year t by applying a percentage of variation to the IMAP of the previous year (t-1), according to the following formula:

That percentage of variation will be composed of two components:

• The P component is a price update index whose objective is to recognise the impact that, on the operator's cost base, would have the annual price variations of inputs out of the operator control, but which affect their business, in accordance with the principles of economic efficiency and good business management.

The value of P, which may be positive or negative, is not specified in the DRA since its amount is determined annually during the process of setting the rates for the following year.

However, the mechanism of calculation of the P index will be determined regulatively and will be incorporated into the DORA. In any event, it shall be subject to the arrangements which, in accordance with the law in force, are applicable to revisions of monetary values in which the public sector is involved. This index may not be referenced to any type of general price index or formula that contains it.

• Component X, will collect all those increases or decreases in the operator's cost base due to specific factors linked to the operator's activity, which the operator can anticipate at the time of production. DORA and conveniently recognized by the regulator.

The value X, which may be positive or negative, shall be of equal value for each of the five years of the five-year period and, unlike the P index, shall be fixed in the DORA.

2. This limit shall be defined as a single maximum value for the entire network, of the average annual revenue per passenger, obtained as consideration for the basic airport services (in accordance with Article 4 of the Directive). 2009 /12/EC).

3. The IMAP estimation methodology is based on the recovery of the expected costs and recognised by the regulator according to the criteria and principles of efficiency outlined in the following paragraph. Given that the recovery is based on a prospective basis, the actual deviations in traffic or costs, in respect of the estimated values at the time of the approval of the DORA, cannot be transferred to the airport charges, assuming the operator.

The IMAP definition methodology does not require that the income derived from public property benefits of every year t of the five-year period recover exactly the required regulated revenues of the year t. In reality, the cost recovery requirement applies to the whole of the five-year period, so that the income derived from the public benefits of the whole five-year period will allow the recovery of the required revenues from the Five-year set, appropriately recognised by the regulator.

4. The DORA should only recognise those costs that are efficient, transparent, non-discriminatory and objective. In particular, only the costs deemed to be efficient compatible with the existing legislation that is applicable may be recognised. To this end, without prejudice to the principles and criteria laid down in that legislation, the operational costs as a whole shall be considered efficient, without including amortisation or cost of capital, per unit of traffic (ATU-Air Traffic Unit) less than the average of the top 5 most efficient European airport managers comparable, not including Aena S.A. The latest published audited financial information, as well as the official forecasts, will be used for this purpose. available.

Being the traffic unit (ATU) = passengers + (10 x load tons) + (100 x operations).

5. The expected cost recovery is articulated through the definition of the required regulated income (IRR) of the five-year period. These have, on the one hand, an annual component, IRRt that will be determined as the sum of the expected values for the year t of the following elements of the network of Aena S.A.

IRR_t:

• Operating expenses, and

• cost of capital,

IRR_t = operating expenses_t + capital cost_t

On the other hand, the IRR incorporates a five-year component, IRRa, which collects the compensation for the lower volume of investments actually made with respect to those referred to in the previous DORA.

The calculation of both IRR components will be performed in real terms, that is, without price effect, without considering any updates associated with the price variations of inputs outside of the operator control.

The value of the items constituting the required regulated income (IRR) for the five-year period shall be based on the proposal of the operator referred to in Article 24 and as part of the elaboration of the ORD these costs shall be recognised or modified as a result of the application of the criteria for efficiency, transparency, non-discrimination and objectivity.

6. The determination of the value of the parameter X, which shall be equal for the five years of the five-year period, shall be carried out on the basis of the following equality:

Where:

• IMAP₀: Annual maximum revenue for the last year of the preceding DORA.

• t: takes the values from years 1 to 5 of five years.

• Q_t: is the number of passengers expected for the year t.

• IRR_t: is the specific required regulated income of the year t.

• IRR_a: compensation for lower investment made in the previous five years, conveniently capitalized.

• CMPCAI: is the weighted average cost of capital before tax for the five-year period, as defined in point 6.b) of this Annex.

Thus, the values of X must be such that the sum of the updated value of the expected revenue for each year of the five-year period is equal to the sum of the updated value of the required regulated income of the annual component of the five years (IRRt), both discounted at a rate equal to the weighted average cost of capital before taxes of Aena S.A. established in the DORA, taking into account the lower investment compensation made in the previous five years (IRRa). All calculated without price effect, i.e. in real or constant terms.

The definition of each of the items that make up the required regulated revenue (IRR) is as follows:

i) Annual IRR Component (IRRt):

(a) Operating expenses: corresponds to the sum of the amounts expected and approved in the Airport Regulation Document (DORA) of the following headings for the five-year period:

• Aprovisionations.

• Personnel Expenses.

• Other operating expenses.

• Amortization of assets contained in the Regulated Asset Base, BAR.

• Deterioration and result by enajenations of the BAR.

• Cost of the fees that Aena S.A. is obliged to pay to the State Aviation Safety Agency, the National Commission of the Markets and the Competition and the Directorate General of Civil Aviation for the activities foreseen in the Title II, Chapter I, of this Law.

b) Capital cost: corresponds to the amount resulting from applying the weighted average cost of capital before tax (CMPC_AI, hereinafter), to the average value of the BAR, defined for each of the years of the five years. For the determination of the cost of capital, the CAPM (Capital Asset Pricing Model) model will be used. The definition of the variables required for their calculation as well as their values will be determined in the DORA, taking into account that the CMPC_AI will be the same for all years of the five-year period.

The BAR in the year t is the value of the Net Assets in the year t, which are defined as the sum of the net non-financial fixed assets associated with the basic airport concepts or services paid for by the public services property.

In the calculation of the CMPCAI the capital structure that the Airport Regulation Document (DORA) will consider for the period, as well as the cost of the remuneration of the own and other funds, will be considered.

The operating expenses and capital costs to be incorporated into the IRR shall be those recognised as efficient, transparent, non-discriminatory and objective, as provided for in this Act.

ii) Five-year IRR component (IRR_to):

Compensation for the lower volume of investments actually made with respect to those referred to in the previous DORA. This adjustment shall include deviations from the required regulated income of the previous five years in the light of the differences between the values of the investments approved in the DORA and the actual audited values of the investments executed, duly capitalised to the weighted average cost of capital before taxes of Aena S.A. collected in the Airport Regulation Document (DORA). In the case of an extension of the DORA, the calculation of deviations shall be extended to the year of the possible extension.

The IRR component_a will not pick up deviations from a higher volume of investment made over the one contemplated in the DORA.

7. The efficiencies or inefficiencies in the management of the approved operating expense securities included in the DORA for a five-year period shall not result in a revision or update of the regulated required revenues.

Variations in the number of passengers in relation to the planned values of a five-year period and established in the DORA shall be at the risk of Aena, unless exceptional situations occur in the terms that it defines the DORA.

Variations with respect to the forecast of financial variables that form the basis of the calculation of capital costs of a five-year period (market premium, fixed income value, etc.), will not suffer adjustment in the calculation of income required for the five-year period.

ANNEX IX

Annual Maximum Income per Adjusted Passenger (IMAAJ)

1. Formula for maximum annual adjusted passenger income (IMAAJ).

The formula for the annual maximum income per adjusted passenger (IMAAJ) is as follows:

Where:

• IMAAJ_t: is the maximum annual adjusted passenger income (IMAJ) of year t.

• IMAP_t: is the maximum annual per passenger income of the year t.

• B_t: is the incentive/penalty that is applied in the year t for compliance with the quality levels of the service in the t-2.

• Rl_t: is the delay penalty for certain investment projects in the year t (with t-2 data).

• Q_t: are the expected passengers in the year t.

• K_t: is the compliance factor at 100% of the maximum revenue per passenger in the year t.

• D_t: are the deviations of investments and operating expenses approved in the exercise of the monitoring powers provided for in Article 31 of this Law.

2. 100% compliance factor of the annual maximum income per adjusted passenger (IMAAJ).

This correction aims to eliminate the difference that can be made between the expected annual revenue by applying the annual maximum adjusted passenger income (IMAJ) of the year and the income actually earned, by isolating the deviations in traffic level, measured by the number of passengers, given that the risk of traffic should be absorbed by the operator.

This difference occurs due to the difficulty of moving the aggregate value of the maximum allowable average income (adjusted annual maximum per passenger income (IMAJ) to unit rate values for each of the services and expected traffic types for each airport. In such a way that a proposal of unit rates values that, ex ante, meets the maximum annual income per adjusted passenger (IMAAJ), could not be fulfilled ex post if the composition of the traffic varies from the moment in which the rates were established at the time they are applied. And this is regardless of whether the total passenger volume forecasts for the network as a whole are met.

Additionally, this compliance factor of 100% of the maximum annual revenue per adjusted passenger, IMAAJ, collects the difference that could arise if, of the agreements between the users and Aena S.A., the increases of the amounts The unit approved for the financial year does not apply from 1 January of each financial year but is delayed by its application for recovery beyond that date. If this occurred, the expected annual revenue by applying the annual maximum adjusted passenger income (IMAJ) of the year and the revenue actually earned would be different.

To eliminate such a difference, which can be positive or negative, depending on whether the operator has charged more or less the maximum average income allowed, isolating the effect of traffic variation, the income must be compared effective or actual passenger obtained during the exercise (unit income_t-2 in the following formula) with the maximum average income allowed (IMAAJ_t-2 in the formula). Since the correction is applied to the actual traffic of the t-period, which affects both the two previous unit revenues, the correction does not compensate the operator for the difference between actual and planned traffic of the year t.

This correction will be reflected by the following formula:

Where:

• Q_t-2: Total actual passengers of year t-2.

• Q_t: are the estimated passengers of the year t.

• Unit income _t-2: the actual revenue divided by the year t-2 traffic (that is, this value would be the actual IMAAJ actually recorded in the year t-2).

• IMAAJ _t-2: is the adjusted annual maximum passenger income of year t-2.

• I_t-1 /100: is the interest rate for the year t-i equivalent to the weighted average cost of capital before taxes of Aena S.A. collected in the DORA.

ANNEX X

Distribution Activity Pay Calculation Methodology

1. The remuneration corresponding to the distribution activity for the year n (RD_n) shall be established for the set of the facilities of each distribution company, excluding the affected ones, according to the formula:

RD_n= RD _n-1+ RN_n

Where:

• RD_n-1: Retribution of the year "n-1".

• RN_n: Remuneration for new market uptake.

Remuneration for new market uptake will be calculated using the following formula:

Where:

• : Unit pay per customer connected at pressure equal to or below 4 bar, in gasified municipalities, expressed in €/client.

• : Variation of the number of consumers connected to networks with design pressure less than or equal to 4 bar, in municipalities gasified as a difference between the average number of customers expected for the year in which the remuneration is determined and the average value of the previous year.

• : Unit pay per customer connected at pressure equal to or below 4 bar, in recent gasification municipalities, expressed in €/client.

• : Variation of the number of consumers connected to networks with design pressure less than or equal to 4 bar, in municipalities Recent gasification calculated as a difference between the average number of customers expected for the year in which the remuneration is determined and the average value of the previous year.

• : Unit remuneration for pressure supplies equal to or less than 4 bar for consumers with lower annual consumption or equal to 50 MWh, expressed in €/MWh.

• : Variation of the volume of gas supplied at pressure equal to or less than 4 bar to consumers with lower annual consumption or 50 MWh, expressed in MWh, calculated as the demand difference expected in the year n and the estimate available for the year n-1 for this type of consumer.

• : Unit remuneration for pressure supplies equal to or less than 4 bar for consumers with higher annual consumption to 50 MWh, expressed in €/MWh.

• : Variation of the volume of gas supplied at pressure equal to or less than 4 bar to consumers with annual consumption exceeding 50 MWh, expressed in MWh, calculated as the demand difference expected in the year "n" and the estimate available for the year "n-1" for this type of consumer.

• F_{v> 4b}: Unit retribution for pressure supplies between 4 and 60 bar, expressed in E/MWh.

• : Variation of the volume of gas supplied under pressure between 4 and 60 bar, expressed in MWh, calculated as the difference of expected demand in year "n" and the available estimate for the year "n-1" for this type of consumer.

For the purpose of applying this formula the gas supplied and the clients of the 3.5 group will receive the same treatment as if they were supplied under pressure between 4 and 60 bar.

2. The term "municipal" of recent gasification means the one in which the first gas service was produced less than five years before the year of calculation of the remuneration.

For the market captured in municipal terms of recent gasification, a unit fee shall be established per customer connected to pressure equal to or less than 4 incentive bar.

This incentive payment shall apply only to those non-gasified municipal terms in which the entry-in-service act is after 1 January 2014.

3. Unit remuneration shall be determined in accordance with the rules laid down in Article 60.2 of this Law at the beginning of each regulatory period, in the light of developments in demand, improvements in productivity and trends in economic.

4. The remuneration of the distribution activity of each year shall be reviewed when the definitive value is available or more precise figures of demand and customers are known.

5. On the order of the Minister of Industry, Energy and Tourism, prior to the report of the National Commission of Markets and Competition, it will be established before 1 January of each year the remuneration that it is appropriate to perceive to each distribution company as set out in the preceding paragraphs.

6. For the calculation of the remuneration for the distribution for the second period of the year 2014 by applying the methodology set out in this Annex, it shall be taken, on an annual basis, as remuneration for each undertaking by the undertaking. next:

Enterprise	Euros
Naturgas Energia Distribution, S.A.	176.118.062
Gas, S.A.	1.457.263
	9.089.385
REDEXIS Gas Distribution, S.A.	9.077.354
Distribution and Marketing of Extremadura Gas, S.A.	11.225.672
Gas Aragon, S.A.	41,828.907
REDEXIS Gas Baleares, S.A.	14.204.436
Tolosa Gas, S. A	755,639
Gas Natural Distribution SDG, S.A.	598.001.362
Natural Gas Andalucia, S.A.	63.554.545
Gas Natural Castilla-La Mancha, S.A.	41,828.780
Gas Natural Castilla and Leon, S.A.	77.759.108
Gas Natural CEGAS, S.A.	116.977.227
Gas Galicia SDG, S.A.	35.725.234
Gas Energy Distribution Murcia, S.A.	16.306,972
Gas Navarra, S.A.	27.516.631
Gas Natural Rioja, S.A.	13.833.081
Gasificadora Canaria, S.A.	737,332
Madrileña Red de Gas, S.A.	92.548,812
Madrileña Red Gas II, S.A.	50.292,846
Total	1.398.838,648

The 2014 remuneration of the year so calculated will add to the deviations incurred in the remuneration of previous years and RD_n-1 as a result of the revisions of the customer and sales figures.

For the calculation of the remuneration for the year 2015, the remuneration of RD_n-1 shall be taken as the remuneration of the year 2015 in terms of the application of the methodology set out in this Annex, calculated in accordance with the set in the preceding sections.

7. Parameters to be applied in the remuneration to the distribution.

For the application of the methodology set out in this Annex, from the entry into force of Royal Decree-Law 8/2014 of 4 July, the following parameters will be used:

-The efficiency ratio for productivity improvements (f_d) will take the value 1.

-Unit rewards will take the following values:

• : Unit pay per customer connected at pressure equal to or below 4 bar, in gasified municipalities: € 50 /client.

• •: Unit pay per customer connected at pressure equal to or below 4 bar, in municipalities of recent gasification: 70 €/client.

• : Unit remuneration for pressure supplies equal to or less than 4 bar for consumers with lower annual consumption or equal to 50 MWh: 7,5 €/MWh.

• : Unit remuneration for pressure supplies equal to or less than 4 bar for consumers with higher annual consumption 50 MWh: 4,5 €/MWh.

• : Unit pay for pressure supplies between 4 and 60 bar: 1.25 €/MWh.

ANNEX XI

Methodology for calculating the remuneration of transport, regasification and basic storage activities

1. The annual remuneration for the activity of transport, regasification and basic storage, recognised to the holder of the fixed assets item 'i' in the year 'n' (R, I) shall be as follows:

Where:

−: Annual remuneration for the availability of the fixed assets item "i" in the year "n", expressed in euro.

−: Annual remuneration for the continuity of supply of the item of fixed assets in the year n, expressed in euro. This annual fee shall be reviewed when the final value is available or more precise figures are available for the gas volumes referred to in paragraph 3 for the different activities of the gas system.

The annual remuneration of each undertaking, per activity, shall be obtained as a sum of the amounts to be paid to each of the fixed assets of that undertaking in the transport, regasification or storage activity basic.

2. Annual remuneration for availability.

(a) The annual fee for availability or recognized to the holder of the immobilized item "i" in the year "n" for each activity, will be as follows:

Where:

−: Investment costs of the fixed assets item "i" in the year "n", expressed in euro.

−: Operation and maintenance costs for the item of immobilized "i" in the year "n", expressed in euro.

b) The investment costs shall be calculated according to the following formula:

Where:

− Aⁱ: Remuneration for amortization of the immobilized item i.

−: Financial retribution of the investment of the immobilized item "i" in the year "n".

(c) The remuneration for the depreciation of the fixed assets item "i" shall be obtained by applying the following formula:

A= ⁱ

VI i
	VU i

Where:

− VIⁱ: Investment value of the immobilized "i" element, recognized by Resolution of the General Directorate of Energy Policy and Mines or Order of the Minister of Industry, Energy and Tourism. In the case of the assets in service before 1 January 2002, the value used for the calculation of the remuneration in Order ECO/30 1/2002 of 15 February 2002 establishing the remuneration of the regulated activities shall be used. of the gas system.

− VUⁱ: Regulatory life of each item of immobilized "i", expressed in years.

(d) The financial remuneration of the investment of the fixed assets item "i",, shall be calculated each year by applying the financial remuneration (TR) to the net investment value according to the following formula:

Where:

− TRⁱ: Financial remuneration rate to be applied to the immobilized item "i" during the regulatory period.

−: Net investment value of the immobilized item "i" in year n, which will be calculated according to the following formula:

Where k is the number of years since the installation service date up to year n.

e) After the end of the regulatory life of the fixed assets item "i", if the item continues in operation, the remuneration payable by that facility as a remuneration for investment will be null.

The remuneration for operation and maintenance of the fixed assets item "i" in the year "n" shall be the same as in accordance with paragraph g multiplied by a useful life extension coefficient . This parameter will take the following values:

-For the first five years that regulatory life has been exceeded:

-When you have exceeded your regulatory lifetime between 6 and 10 years, the value of the life extension coefficient will be:

-When you have exceeded your regulatory lifetime between 11 and 15 years, the value of the life extension coefficient will be:

-When you have exceeded your regulatory lifetime in more than 15 years, the value of the life extension coefficient will be:

Where "X" is the number of years that the immobilized element has exceeded its regulatory lifespan.

The parameter cannot take a value greater than 2.

f) In the case of transport pipelines put into service before 1 January 2008, the regulatory life of the pipeline is set at 40 years.

g) The costs of operation and maintenance of the facilities of the pipeline network transport and regasification plants, , will be calculated according to the following formula:

Where:

− : Fixed operating and maintenance costs for each item of immobilized "i", in the year "n", expressed in euro.

− : Variable operating and maintenance costs for each item of immobilized i, in year n, expressed in euro.

For the calculation of the operating and maintenance costs for each item of the fixed asset "i", for the year "n" the unit costs of operation and maintenance reference in force in the year "n" shall be applied, with independence from the start date of the item of fixed assets.

The operating and maintenance costs of the basic buffers will be calculated according to the following formula:

− : Operating costs and indirect maintenance of each item of immobilized "i", in the year "n", expressed in euro.

− : Direct operation and maintenance costs for each item of fixed assets "i", in the year "n", expressed in euro.

3. Annual remuneration for continuity of supply.

Annual fee for supply continuity , recognized to the holder of the immobilized item "i" of the activity "A" in year "n" will be as follows:

Where:

: Annual compensation for the continuity of supply of the "A" activity in the year "n-1" obtained as the sum of the annual remuneration for the continuity of supply of all assets considered that year of such activity.

Being m the total number of "i" elements in the year "n-1".

• : Coefficient delivery of pay for continuity of supply for year "n" among all elements immobilized "i" of the activity "A" considered according to the following formula:

Where is the reorder value of the "i" quiesced item, either final or provisional in the year "n-1".

The replacement value will be obtained by applying to the technical parameters of the installation the investment unit values in force. For the purposes of this calculation, no pressure correction factor shall be considered.

• f^A: Efficiency efficiency ratio of "A" activity. It will take a value of between 0.95 minimum and maximum 1.

For the first regulatory period it is set at 0.97 for transport, regasification and basic storage activities.

• ΔD^A: Variation of demand considered for the remuneration of the continuity of supply at the premises of the activity "A", between the year "n" and the year "n-1", expressed as per one, according to the following criteria:

• In facilities of the transport pipeline network, the variation of the national total gas demand shall be considered excluding the supply through satellite plants.

• In regasification plants the variation of total gas demand emitted by the set of the gasification plants of the gas system shall be considered.

• In storage it is considered the variation of the stored useful gas at November 1 of the corresponding year, including the mechanically removable mattress gas part.

4. For the calculation of the variation in demand used in the payment of the continuity of supply at the premises of the 'A' activity, between 'n' and 'n-1', the following maximum and minimum demand thresholds are set be considered in each activity so that if the actual demand is greater than or less than these values are considered to be:

• In facilities of the pipeline network the maximum national total gas demand value excluding supply through satellite plants that can be considered are 410 TWh and the minimum value 190 TWh.

• In regasification plants the maximum gas value emitted by the set of gasification system regasification plants that can be considered are 220 TWh and the minimum value 50 TWh.

• In underground storage the maximum value gas stored, at 1 November of the corresponding year, including the mechanically removable mattress gas part that can be considered are 30 TWh and the minimum value 22 TWh.

5. The remuneration model set out in this Annex shall not apply to the underground storage referred to in Royal Decree 855/2008 of 16 May 2008.

6. For the calculation of the remuneration for continuity of supply for the second period of the year 2014 for transport, regasification and basic storage activities, obtained by applying the methodology set out in This Annex shall be taken, in annual computation, as the payment for the continuity of supply for 2014 RCS A n the following values:

-In the case of installations of the pipeline network: 233.164,337 €.

-In the case of regasification plant installations: € 48,211,976.

-For basic network storage facilities: € 6,457,394.

The remuneration of the year 2014 thus calculated will be added the deviations incurred in the remuneration of previous years as a result of the reviews of the figures of customers and sales.

For the calculation of the remuneration for the year 2015, it shall be taken as remuneration for the RCS to which it results in annual terms of the application of the methodology set out in this Annex, calculated in accordance with the provisions of the previous paragraphs.

ANNEX XII

Contributions to the National Efficiency Fund in 2014

BP OIL, S.A.U.

DISA PENINSULA, S.L.U.

CEPSA GAS MARKETING, S.A.

296

REPSOL BUTANO, S.A.

VIA OILFIELD OPERATOR, S.L.

CEPSA GAS AND ELECTRICITY, S.A.

PETROLIFERA CANARIA, S.A.

TENERIFE DE GAS STATIONS, S.A.

SPAIN VITOGAS, S.A.U.

lubricants, S.L.

AGRI-ENERGY, S.A.

SAN FRANCISCO DE ASIS, COOP. V.

103.454.332

	Subjects	Sales 2012 (kteps)	Annual target quota	Saving Obligation (GWh)	Financial Equivalence (€)
REPSOL, S.A.	14.389	18,7510%	285.625	19.398.703
CEPSA FUELS AND LUBRICANTS, S.L.U.	8,853	11,5368%	175.735	11.935.288
5.850		5.850	5.850	7.6239%	116,131	7.887.205
6.1834		94,190	6.397.034
4,729	4,729	6,1620%	93.862	6.374,811
power galp, SPAIN, S.A.U.	4,024	5,2439%	79,878	5,425,008
IBERDROLA GENERATION, S.A.	3.311	4,3145%	65,721	4.463.561
ENDESA ENERGY, S.A.	2,413	3,1449%	47.905	3.253.522
ENDESA ENERGY XXI, S.L.U.	2.074	2,7024%	41.165	2.795.755
1,740		2.2676%	34.541	2.345.917
	SARAS ENERGY, S.A.	1,345	1,7527%	26,699	1.813.279
REPSOL COMMERCIAL REPSOL, S.A.	1,326	1,7285%	26,329	1.788.205
GAS NATURAL MARKETING, S.A.	1.274	1,6602%	25,289	1.717,560
NATURGAS MARKETING ENERGY, S.A.U.	1.243	1,6199%	24,676	1.675.902
IBERDROLA MARKETING LAST RESORT, S.A.U.	1,230	1,6026%	24,412	1.657,975
1.214	1,5822%	24,101	1,636860
hydrocantabroico ENERGY, S.A. UNIPERSONAL	1.126	1,4668%	22,344	1.517,514
1,037	1,3508%	20577	1.397.506
NATURAL GAS SERVICES SDG, S.A.	982	1,2797%	19,493	1.323,896
IBERDROLA GENERATION, S.A.U.	962	1,2531%	19,088	1.296.394
UNION FENOSA GAS MARKETING, S.A.	894	1,1645%	17,738	1.204,719
NATURAL GAS S.U.R. SDG, S. A	863	1,1244%	17,127	1.163.195
	ESERGUI, S.A.	734	0.9565%	14,570	989,552
FORTIA ENERGY, S.L.	714	14,177	962,842
natural gas S.U.R., SDG S.A.	14,177	629	0.8195%	12,482	847,766
MEROIL, S.A.	608	0.7923%	12,069	819.683
PETROIRALLES 3, S.L.	478	0.6223%	9,480	643,830
457		457	457	9,064		615.569
	E. ON ENERGY, S.L.	426	0.5547%	8,450	573,877
petroleum services network, S.A.	395	0.5144%	7.836	532.207
378		0.4930%	7,509	510.010
	0.3853%	5.869	398,626
		0.3831%	5.836	396.360
288	0.3747%	5.707	387,624
		0,3305%	5.034	341,879
ADVANCED PETROLEUM SERVICES, S.L.U.	251	0.3271%	4,982	338.389
SHELL & DISA AVIATION ESPAÑA, S.L.	249	0.3249%	4,949	336.143
PETROIRALLES 9, S.L.	196	0.2560%	3,899	264,832
		0,2541%	3,871	262.892
ENERGY VM Management, S.L.U.	189	0.2467%	3,758	255.222
E. ON ENERGY, S.L.	185	0.2407%	3,666	249.006
SOCIEDAT CATALANA DE PETROLIS, S.A.	176	0.2294%	3,494	237.277
	DISA RETAIL ATLANTIC, S.L.U.	170	0.2217%	3,376	229,316
KUWAIT PETROLEUM, S.A.	167	0.2176%	3,315	225.143
CARBURANTS AXOIL, S.L.	154	0.2007%	3,057	207,617
NATURGAS MARKETING ENERGY, S.A.U.	145	0.1893%	2,883	195.833
GALP ENERGY SPAIN, S.A.U.	139	0.1807%	2,753	186,990
NEXUS ENERGY, S.A.	130	0.1690%	2,574	174,843
SONATRACH GAS MARKETING, S.A.U.	128	0.1667%	2,539	172,430
MADRID GAS SUPPLY, S.L.	125	0.1632%	2.485	168,790
ENERGY VM MANAGEMENT VM, S.L.U.	122	0.1585%	2.414	163,937
MADRID GAS SUPPLY SOUTH, S.L.	112	0.1462%	2,227	151.264
CIDE HCENENERGY, S.A.	107	0.1396%	2,127	144,437
	GM FUEL SERVICE, S.L.	107	0.1394%	2,124	144.253
ENDESA ENERGY) 0 (1, S.L.	105	0.1370%	2,086	141,692
tamoil España, S.A.	99	0.1290%	1,965	133.468
SIMON GRUP TRADE, S.A.	98	0.1277%	1.945	132.120
98	0.1277%	1,945	132.120
FACTOR ENERGY, S.A.	92	0.1204%	1,835	124,601
75	0.0983%	1,498	101,746
bonus energy, S.L.U.	74	0.0964%	1.469	99.764
SHELL SPAIN, S.A.	69	0.0903%	1,376	93,428
Axpo Iberia, S.L.	67	0.0878%	1.338	90,866
	ATLANTIC FOREST, S.A.	67	0.0873%	1,330	90,327
REPSOL TRADING, S.A.	64	0.0829%	1,263	85,758
61	1,211		1,211	1,211 Table_table_der" > 82,238
60	0.0782%	1,191	80,890
atlantic, S.A.	59	0.0769%	1,171	79,542
56	56	56	0.0730%	1,112	75.509
E. LAST RESOURCE ON MARKETING, S.L.	56	0.0724%	1,103	74,888
BIOFUELS FROM GALICIA, S.L.	50	0.0652%	0.993	67,408
VILLAR MIR ENERGY, S.L.	50	0.0649%	0.989	67,185
47	0.0612%	63,364	63,364
CASTILLA AND LEON OPERATORS, A.I.E.	44	0.0573%	0.873	59,319
FAST PETROL COMPANY, S.L.U.	42	0.0547%	0.834	56.623
ENIE ENERGY, S.A.	41	0.0536%	0.817	55.455
ENGINEERING AND MARKETING, S.A.	40	0.0524%	0.798	54,196
BIOMAR OIL, S.L.	39	0.0508%	0.774	52,578
37	0.0477%	0.727	49.343
OILS FROM SOUTH COOSUR, S.A.	35	0.0456%	0.695	47,186
GDF SUEZ ENERGY SPAIN, S.A.U.	32	0.0421%	0.642	43,578
NEXUS RENEWABLES, S.L.	32	0.0419%	0.638	43,364
PRIMARY energy, S.A.U.	26	0.00339%	35,052	35,052
		0.0323%	0.492	33,429
NEXUS ENERGY, S.A.	23	0.0295%	0.449	30.468
	22	0.0288%	0.439	0.439	29,790
natural gas SDG, S.A.	21	0.0278%	0.424	28.803
OLTEN-LLUM, S.L.	20	0.0266%	0.406	27,558
19	0.0248%	0.377	25,615
	18	0,0230%	0,350	23.802
BASSOLS ENERGY TRADE, S.L.	17	0.00216%	0,329	22,313
TRANSPORTS AND SERVICES, S.A.	16	0.0209%	0.318	21,571
	SERVIGAS S. XXI, S.A.	16	0.0202%	0.308	20.897
, S.L.	14	0.0188%	0.287	19,500
GASELEC DIVERSIFICATION, S.L.	14	0.0187%	0.285	19,355
anell and PAHISA ENERGY, S.A.	14	0.0179%	18,503
NATURAL GAZ, S.L.	14	14	Table_table_der"> 0.0177%	0.270	18.335
, S.A.U.	14	0.0176%	0.268	18.200
alternative gallega, S.L.U.	13	0.0169%	0.258	17,526
SHELL SPAIN, S.A.	12	0.0152%	0.232	15.727
HYDROCARBON PENTAGAS, S.L.U.	11	0.0143%	0.218	14,830
OCEAN ISLAND GROUP, S.L.U.	10	0.0130%	0.199	13.482
MERCURIA ENERGY, S.L.	10	0.0130%	0.199	13.482
CALDENSE ENERGY, S.A.	10	0,0127%	0,193	13.122
SCANDINAVIAN ELECTRICITY COMPANY IN SPAIN, S.L.	9	0,0122%	0.185	12.591
anell and Pahisa mercator, S.A.	8	0.0108%	11.160
8	0.0103%	0.158	10.702
SERUM ELECTRIC, S.L.	7	0.0097%	0,148	10.030
	aura energy, S.L.	7	0.0093%	0.142	9,673
	0,142	7	0,142	0,142	0,142		7
0.0085%	0,0085%	0,0085
	0,130	8,815
ENERCOLUZ ENERGY, S.L.	6	0.0079%	0.121	>8.201
6	0.0076%	0.116	7,848
VALIRA HYDROELECTRIC, S.L.	6	0.0072%	0.110	7.496
Total	76,737	100.0000%	1.523,256	103.454.332