Industrial production, a determining factor in economic development, calls for an adequate supply of raw materials to be efficient, eliminating the risks of strangulation and ensuring optimum use of the national productive capacity. The recent changes in the world market for such materials, and in particular those of mineral origin, have led the industrialized countries to draw up action programmes aimed at achieving regular supply of the same, so as to allow the normal operation of your industrial system.

For our country, which depends on the exterior in more than fifty percent of the supply of mineral raw materials, even without including the hydrocarbons, the elaboration of the Supply Plans became necessary. The government approved the National Energy Plan, the National Plan for the Exploration of Uranium, and the National Plan for the Supply of Mineral Raw Materials, which all of them are conducting ensure, as soon as possible, the supply of such products to the industry through the promotion and development of mining activities within the national territory and, in addition, outside the territory.

The peculiar aspects that characterize the mining sector, both for the capital, for the greater risk that the period of maturation of the same one entails and the disproportion between the immobilized and the value of the production, as for the work, because of the singular nature of the activity of the miner and the forced connection of his residence to territorially determined areas, make it essential to apply to this field a special treatment within the general regimes established for the industry.

Thus, as an essential complement to the existing Mining Law, the Law on the Promotion of Mining, the text of which is divided into three titles:

Title I, which contains the General Provisions, establishes as important new developments, on the one hand, the obligation of the revision, at least every two years, of the National Plan for the Supply of Mineral Raw Materials, with the provision of objectives and sectoral programmes to be carried out for the search and exploitation of mineral resources which are declared priority by means of action both inside and outside the area, it is appropriate for the State to undertake the private initiative.

On the other hand, the Mining Registry is organized, with a permanently updated public archive of mining rights and as an indispensable means for the cadastral reordering implicitly provided for in the Law of Mines in force.

As an instrument of great efficiency to ensure the regularity in the supplies of mineral raw materials to the domestic industry, it is envisaged the creation by the State of funds of storage of these products with the participation, where appropriate, of private enterprises.

Title II is intended to regulate the marketing and supply of mineral products. The provisions contained therein are intended to ensure the proper stability of the national mining sector and to ensure the supply of mineral raw materials to the basic industries in accordance with the guidelines. contained in the corresponding National Plan.

Special attention deserves the regulation of the foreign trade of mineral resources, being the purpose of the Law to ensure the importation of those that are not obtained in our country at competitive prices, or those that allow a greater use of low-grade nationals by means of mixtures with the former. Another aspect dealt with in this Title is that of the conditions to be met by the mineral raw materials which are insufficiently developed to be exported, and the necessary monitoring techniques must be established to ensure that in all cases the transactions are carried out with the highest possible added value and under appropriate processing and processing conditions.

Actions are also regulated abroad, distinguishing between actions that respond to an exclusive impulse of private initiative and those that arise as a consequence of the conclusion of International Agreements, considering the various hypotheses through which such activities may be used: through the direct participation of the State or its autonomous bodies, as well as by the National Enterprises or Private Entities.

The financial regime set out in Title III is widely justified by the accused peculiarities of the mining sector, its current capitalization and the imperative need to develop its activities to the fullest extent. of the same. To this end, grants for certain purposes are provided for and a special line of official credit is also established under conditions which are particularly favourable for certain activities relating to the substances declared priority. In this regard, it is also available that the mining rights relating to the assessed and rationally exploitable deposits can be taken as a guarantee of such credit operations.

In the tax system, regulated in Chapter II of the same Title, two basic levels are established, referring the first to the generality of the mining activities, and the second, more favourable treatment, to the substances and Priority activities in the National Supply Plans for Mineral Raw Materials.

The figure of the exhaustion factor, which will favor mining research and the exploitation of deposits, is regulated within our tax system, thus allowing for the replacement of depleted breeding grounds by others. by the discovery and remobilisation of new reserves. In the general case, the allocation to the corresponding account may be made by deduction of part of the tax base of the Company or Industrial Tax. In the case of priority declared raw materials, the Company may choose to deduct a percentage of the value of the saleable minerals, which is a decidedly stimulating regime. On the other hand, it restructures and updates the mine surface canyon, the traditional rate of the mining industry, introducing as a novelty the rates applicable to the exploration permits.

The accumulation of new obligations and responsibilities to which both this Law and the Mining Law imply for the Administration, requires that the necessary instruments be provided. Accordingly, the creation of an Advisory Inter-Ministerial Commission is available for the elaboration and revision of the National Plan cited, as well as the transformation of the Geological and Mining Institute of Spain into the autonomous agency dependent on the Ministry of Industry, declaring also of high national interest the creation of National Enterprises for the intended purpose in the actions derived from international agreements.

A fundamental point for the promotion of mining is the set of norms that dignify and make the work in this sector attractive, peculiar among others as the location of the activity is forced by the the situation of the field and also because of the very unique conditions in which the work is carried out. For this reason, and also in the light of the recent trends observed in the mining sector in various industrialized countries, the Law contains mandates to the Government to enact a Statute for the Regulatory Mining in a period not exceeding one year. of their work activity and to dictate the necessary measures in order to dignify and improve their habitat.

In its virtue and in accordance with the Law approved by the Courts, I come to sanction:

TITLE I

General provisions

Article first.

One. The purpose of this Law is to promote and develop, within and outside the national territory, exploration, research, exploitation and mining benefits, in order to procure the supply of mineral raw materials to the industry.

Two. For the purposes of this Law, mineral raw materials shall mean mineral products, whatever their degree of production, including metals, until they undergo their first transformation in Spain.

Article 2.

One. This Law shall apply to mining exploration and research activities, exploitation of natural or artificial fields of origin and other geological resources, as well as to the treatment, benefit or first transformation of materials mineral premiums, with the exception of activities consisting of the mere provision of services for the performance or development of services.

Two. By way of derogation from the above paragraph, waters shall be excluded from the scope of this Law, except for the minerals and thermal springs referred to in the Mining Act, and the exploration and exploitation of liquid hydrocarbons and gaseous, which will continue to be regulated by the provisions applicable to them.

Third item.

One. The Ministry of Industry, heard the producers and processors concerned, will prepare the National Plan for Supply of Mineral Raw Materials, which will be elevated to the Government for approval and revision, at least every two years.

The programming of public investments and grants corresponding to this Plan should be adapted to the country's economic and social planning.

Two. The National Supply Plan will determine:

(a) The different mineral raw materials and, in relation to them, the different activities that will enjoy, during the period for each of them, the priority rating;

(b) The guidelines for action, both inside and outside the national territory, in the field of mining activity, to which the action of the State referred to in the fifth article of the Law shall be adjusted twenty-two hundred thousand nine hundred Seventy-three;

c) The necessary investments in the mining sector to develop the programs based on the performance guidelines;

d) The part of these programs to be carried out by the State, either directly or through Local Entities, Autonomous Bodies, National or Private Enterprises.

Three. The qualification of a mineral raw material as a priority in the National Supply Plan will involve:

(a) Your declaration of national interest, for as long as it has been established for each, for the purposes of the Mining Act;

(b) The establishment of a sectoral programme setting out the minimum internal and external supply objectives to be ensured.

Four. These sectoral programmes shall also contain the criteria for implementing the measures provided for in this Law for the achievement of the proposed objectives.

Article 4.

In the Ministry of Industry there will be the Mining Registry, which will consist of a permanently updated public archive of all the mining rights existing in the national territory, territorial sea and continental shelf, with its corresponding map.

Article 5.

One. The Government, on a joint proposal from the Ministries of Finance and Industry, for requirements of national interest, may agree to set up storage funds for certain mineral raw materials, if it deems it necessary to ensure the adequate supply to the domestic industry for the period specified.

Two. The Government is authorised to agree on the organisation it considers most appropriate for the management of the funds referred to in the previous paragraph, including by setting up entities with own legal personality and independent assets and the participation, if any, of the business initiative.

TITLE II

Marketing and sourcing of mineral raw materials

CHAPTER I

General provisions

Article 6.

One. The Government, acting on a proposal from the Ministry of Industry, may declare certain mineral raw materials, excluding metals, of strategic interest, when required by the needs of the economy or national defence. In such a case, a joint proposal by the Ministries of Industry and Commerce may be agreed on the regulation and control of the prices of the same, with a view to the commercial operations to be carried out on them.

Two. The pricing system to be adopted shall be based on one of the following criteria:

(a) Use as a basis the cost of the mineral raw materials of the same composition and behaviour in the metallurgical process, located in the treatment plant, benefit or transformation of the national consumer, or the international market prices of those national raw materials.

(b) To point to the national mineral raw materials a minimum price from which the price curve follows that of the international prices, an adjustment coefficient may be introduced.

c) Set prices that, because of national interest, may be different from the international ones.

Three. If, by application of the criteria set out in paragraph 2 above or below international prices, the corresponding compensation is established in both cases.

Four. Infringements of the price system to be established shall be punished by the Minister for Industry of Trade or at the request of a party, with a fine of either the double or the amount which, by excess or defect, is defrauded, without prejudice to the other responsibilities to be taken.

In order to graduate the amount of the penalty, the economic importance and gravity of the infringement will be dealt with under the circumstances that are present in your commission.

Item seventh.

The Ministry of Commerce will adjust in the processing of the exports of mineral raw materials, including the licenses of the processing traffic, to the forecasts of the National Plan of Supply of Materies Mineral premiums, the National Energy Plan and the National Uranium Exploration Plan.

Article 8.

The Government, on a joint proposal from the Ministries of Industry and Commerce, will dictate, in accordance with the requirements of Law twenty-two/thousand nine hundred and seventy-three, the rules on the minimum degree of elaboration and treatment that they must reach certain mineral raw materials in order to obtain the corresponding export licence. Exports of raw materials which do not comply with those standards may not be authorised.

Article ninth.

One. The Ministry of Commerce, after a report by the Ministry of Industry, may, in relation to the mineral substances from which there are surpluses, proceed to the creation of export sectors, even if the undertakings or groups thereof do not reach the percentages set out in the legislation in force.

Two. The establishment of export sectors, with the extent provided for in the previous paragraph, shall also be carried out in respect of mineral raw materials which do not find consumers on the domestic market because of their quality or behaviour in the treatment plants, benefit or first transformation.

Article ten.

One. The Ministry of Commerce will adjust in the processing of imports of mineral raw materials, including those of inward processing, to the forecasts of the National Plan of Supply, of the National Energy Plan and of the Plan National Uranium Exploration.

Two. Imports that do not conform in quantity, quality or price to the aforementioned Plans, will require the prior report of the Ministry of Industry for authorization, who will issue it in a favorable way when one of the circumstances is present. following:

(a) Inexistence of adequate raw material within the national territory or impossibility of acquiring it in the country;

(b) Reasons of urgency or of national interest to justify the need for importation;

c) That the importation of foreign raw materials favors the consumption of domestic production.

CHAPTER II

Performances on the outside

Section first. General scheme

Item eleven.

Spanish investments abroad for mining exploration and research, the exploitation of mineral deposits and other geological resources and the treatment, benefit or first transformation of raw materials Minerals will be subject, in any case, to the legal regime on foreign direct investments in force at any time.

Article twelve.

One. The implementation of the Action Programmes abroad shall be carried out:

(a) Under Agreements between States that regulate state or private action in the respective territories; to this effect, the Ministries of Foreign Affairs, Finance, Industry and Commerce will coordinate their actions with (a) to conclude agreements with other States in order to conduct such action.

b) Directly by any Spanish Company whose mining action abroad is in accordance with the guidelines of the expressed Programs.

Two. The amounts for the implementation of the programmes referred to in paragraph (a) shall be specified in the budgetary appropriations entered for the implementation of the Mineral Raw Materials Supply Plans, in the case of the implementation of the programmes referred to in paragraph (a). the state action.

Section 2. Actions arising from International Agreements involving the Spanish State

Article thirteen.

One. The Spanish participation of a State in mining activities resulting from the agreements referred to in point (a) of the previous Article may be carried out by the State: directly; through its autonomous bodies or through the award of state rights to national or private enterprises.

Two. As long as the Spanish State has not awarded the mining rights derived from a given Agreement, the Government, in accordance with it, and taking into account the activities carried out and the nature of the actions to be carried out, may decide, on a proposal from the Ministry of Industry and a report from the Ministry of Finance and Foreign Affairs, if the Spanish participation in the following is verified:

a) By the State, directly or through its autonomous agencies.

b) By award to a National Company, if the nature of the Agreement so requires.

c) By means of a public tender award between Spanish and foreign companies or associations thereof.

d) By State consortium with other Entities.

Three. On the basis of the award, the beneficiary of the award shall be entitled to participate in the following stages of exploration, research, exploitation, profit or first processing, subject to the conditions laid down in the award.

Article fourteen.

The transmission of all or part of the awards referred to in the previous article shall be authorized by the Ministry of Industry, without prejudice to the administrative authorization necessary to transmit social participation in the companies or associations of contracting companies.

Article fifteen.

The activities resulting from the Agreements will be monitored in any case by the Ministry of Industry, through the relevant Directorates-General.

Article sixteen.

When the State directly develops mining activities, the Government, on a joint proposal from the Ministries of Foreign Affairs and Industry, and prior to the report of the Ministry of Finance and Trade, and in accordance with the Agreement it may contract the mere execution of the scheduled work, without any transfer of the rights referred to in Article 13, number two, in any of the following forms:

a) By direct charge to an Autonomous Body or National Company.

b) By public contest between Companies or Associations of these.

Article seventeen.

The Government will dictate, on a proposal from the Ministry of Industry, the rules governing the awards and the execution contracts provided for in this Title.

TITLE III

Financial and tax regime

CHAPTER FIRST

Financial Regime

Article eighteen.

One. In order to promote and develop the use of mineral raw materials, grants of capital and credits may be granted to Spanish companies in the form provided for in this Law.

Two. Appropriations and grants shall preferably be granted for investments for the following purposes:

a) Exploration, research and development of fields and other geological resources;

b) Improvement of holdings and the concentration or benefit of mineral raw materials;

c) Use of deposits of non-natural origin, geothermal energy or other energy sources;

d) Localization and exploitation of underground structures;

e) Extension of research or exploitation work when these have been ordered by the Administration in compliance with the provisions of the Mining Act;

f) Jobs related to environmental protection, imposed by the Administration;

g) Restructuring of holdings;

h) Actions on the outside in line with the guidelines of the National Supply Plans;

i) Training and putting into operation of mining cotes;

j) Construction of new housing and other social services for workers.

Three. They may also be granted:

(a) Credits for the financing of long-term supply contracts for mineral raw materials;

(b) Grants for the establishment of the compensation provided for in Article 6 and for the compensation of transport costs of mineral raw materials.

Article nineteen.

In each case, the amount, form and conditions of the credits and grants shall be fixed, as well as the maximum period for the investments for which they are granted. The delivery of the corresponding quantities shall be conditional upon the execution of the various stages of the development of the scheduled work.

Article twenty.

One. The Government, on a proposal from the Ministry of Industry, and prior to the favorable report of the Finance Ministry, and within the amounts allocated for this purpose in the Public Investment Program, may grant:

a) Capital grants to Spanish mining companies up to twenty percent of the investment made.

(b) Grants to the same or, where appropriate, the processing undertakings, up to the corresponding limit, in the case provided for in paragraph (b) of Article 18 (3

.

Two. The grants awarded may not exceed the amount each year in the General Budget of the State, within the relevant section of the Ministry of Industry.

Item twenty-one.

One. Where the grants are intended for exploration or mining research, the amounts received must be reintegrated if results are achieved to allow the rational use of the fields investigated. The conditions of the refund shall be established by the Ministry of Industry with the approval of the project of exploitation, without the repayment period in any case being greater than twenty years and not less than five years.

Two. If the investigation or investigation does not achieve the expected results, the Company may settle the grant account, provided that it has paid for that exploration or investigation, when it meets the following conditions:

(a) that the work has been adjusted to the techniques and programmes approved by the Ministry of Industry and is considered to be in conformity with the implementation of the same and the information provided;

b) That the Company has previously waived the rights it may hold over the area explored or investigated.

Article 22.

The Government, on a joint proposal from the Ministries of Finance and Industry, and in accordance with the provisions of Law thirteen/thousand nine hundred and seventy-one, on the Organization and the Regime of the Official Credit, will set a special line of credit through which the financing of the activities covered by this Law will be carried out, the appropriate allocation being allocated annually to this line.

Article twenty-three.

With the applications for credit, the project will have to be submitted to the Ministry of Industry's favorable report, which will appreciate, among other aspects, if the project is adjusted, as the case may be, to the objectives identified in the National Plans or the provisions on areas of industrial expansion, preferential mining sectors, mining areas of preferential industrial location or mining cotes.

Article 24.

The government will set, on a proposal from the Ministry of Industry, the conditions to be met by the mining rights, once the resources included in them have been evaluated, so that they can be taken as a guarantee of official credit.

Article 25.

The Government, on a proposal from the Ministry of Industry, may, in the event of unjustified delay in the initiation of the work or failure to comply with the conditions stipulated in the grant, decree the loss or reduction of the credits and grants awarded.

CHAPTER II

Tax Regime

Section first. Tax benefits

Article twenty-six.

Natural or legal persons carrying out exploration, research, exploitation or the benefit of mineral deposits and other geological resources classified in Section C), point one, of the third subparagraph of Article 3 (1) of Regulation (EC) No 713/2006. The Law of Mines, as well as of which the Government may determine in general between the ones included in Sections A) and B) of the article cited, will enjoy, in the part corresponding to its investments in mining assets, of freedom of depreciation for ten years after the entry into force of this Law. For the new investments this period shall be counted from the beginning of the first economic year on which the result of the holding appears.

Article twenty-seven.

One. Natural or legal persons shall enjoy the following benefits in the part of their activity corresponding to the resources declared priority in the National Plan for the Supply of Mineral Raw Materials and within the scope of their statement:

Reduction of up to ninety-five percent of the following taxes:

a) General Tax on Proprietary Transmissions and Documented Legal Acts. The basis will be reduced in the terms set out in the number three of the article sixty-six of the recast text approved by Decree 1,eighteen/thousand nine hundred and sixty-seven, of six April.

b) Tariff duties, General Tax on the Traffic of Companies and Tax on the Compensation of Inland Gravels that tax the importation of goods of equipment and tools, when they are not fablichen in Spain. This benefit may be extended to materials and products which, not produced in Spain, are imported for incorporation into goods of equipment manufactured in Spain. The import shall require a certificate from the Ministry of Industry that the goods are not produced in Spain and that the technical projects which require the importation of the goods cannot be replaced under appropriate conditions. economy and time, by others in which the participation of foreign elements is less.

(c) General Tax on the Rent of the Capital, which, as established in the Decree-Law of 19 October of a thousand nine hundred and seventy-one, serious the yields of the borrowings issued by the Spanish and Spanish companies loans which are made by them with international bodies or with foreign banks or financial institutions where the funds thus obtained are intended to finance new real investments.

d) Tax License Fee on Business and Industrial Activities and Benefits during the installation period.

Two. Companies wishing to benefit from the benefits provided for in the previous paragraph must request it from the Ministry of Finance, through the Ministry of Industry, which will forward the application, with its report, to the Finance Ministry for its concession.

Three. The time limit for the benefit of such benefits shall be that which, in accordance with Article 3 (2) (a) of this Law, has been indicated for the respective raw material. The benefits shall be granted for a period of five years from the date of the grant, which may be extended by a period not exceeding the first, where the economic or social circumstances so advise.

Four. Where the benefits are granted for exploration or research projects, the successful tenderer may, after the positive results and after the previous periods, benefit from the exploitation of the benefits provided for in this Article. in this Act for an additional period of five years.

Article twenty-eight.

One. Natural or legal persons who constitute mining cotes or develop their activity in areas of industrial expansion, mining sectors qualified as industries of preferential interest or in declared preferential mining areas Under the Mining Act, industrial activities will benefit from the reduction of up to ninety-five percent of the taxes listed in paragraph one of the previous article.

Two. The time limits for eligibility for such benefits shall be those set out in the relevant ratings or declarations. The benefits shall be granted for a period of five years from the date of its granting, which may be extended, where the economic or social circumstances give it, on the other hand, not exceeding the first.

Article twenty-nine.

The tax benefits that will be awarded in each case under the two previous articles will be granted by Ministerial Order, which will be published in the "Official State Gazette".

Section 2. Exhaustion factor

Article thirty.

The physical or legal persons who make use of the Mining Act may benefit from the use of one or more of the following resources:

(a) Those included in Section C) of the third article of the Mining Act.

(b) Those obtained from deposits of non-natural origin belonging to Section B of that Article, provided that the products recovered or processed are classified in Section C).

Article thirty-one.

One. The exhaustion factor will not exceed thirty percent of the tax base, the Corporate Tax or the Industrial Tax, and the benefits, as the case may be, although the government may, on a proposal from the Ministry of Industry and Finance report, raise such limit.

Two. Irrespective of the provisions of the previous paragraph, natural or legal persons making use of one or more of the mineral raw materials declared as priority in the National Supply Plan may choose, in the (a) activity concerning these resources, because the exhaustion factor is up to 15% of the value of the minerals sold, also being considered to be those consumed by the same companies for further processing or processing. In the second case, the price of minerals may not, for these purposes, be higher than the reference to be fixed by the Ministry of Industry.

Article thirty-two.

One. In the cases referred to in paragraph 1 of the preceding Article, the taxable amount of the Corporate Tax and the Industrial Tax shall be reduced by the amounts which the entities and natural persons, respectively, They are intended to provide the exhaustion factor. These amounts shall be of a distributed benefit character for the purposes of the application of the investment forecasting scheme.

Two. In the case referred to in Article 30 (2) and one, the allocation for the exhaustion factor shall have all the effects of deductible expenditure.

Article thirty-three.

One. The companies that are engaged in this scheme must create on the liabilities side of their balance sheet, an account with the name "Exhaustion Factor, Law .../...", in which the allocation for each financial year will be recorded at the end of each financial year. of the mining holdings.

Two. These companies will also have to meet the following conditions:

(a) That its tax base in the Industrial Tax, Profit Fee or Company Tax is determined by direct estimate.

b) That the accounting of the mining activity is in accordance with the provisions of the Trade Code and the corresponding provisions.

Article thirty-four.

In the event that a number of natural or legal persons have been associated for the performance of mining activities without becoming an independent legal personality, in accordance with Article 10 (E) of the recast text (a) of the General Tax on the Income of Companies and other legal entities, each unit-holder may, on a pro rata basis, constitute the amount corresponding to the exhaustion factor, with an obligation to to identify it in its own accounts and to invest it in the form, time and conditions stipulated in this Section.

Article thirty-five.

One. The allocations to the exhaustion factor account may only be invested in expenses, works and fixed assets directly related to the mining activities listed below:

a) Exploration and research of new mineral deposits and other geological resources.

b) Research to improve the recovery or quality of the products obtained.

c) Research to obtain a better understanding of the reserves of the field in operation.

(d) Acquisition of holdings in companies engaged in the activities referred to in paragraphs (a), (b) and (c) above, as well as the exploitation of mineral deposits and other geological resources of Section D) of the Article third of the Mining Act.

e) Laboratories and research teams applicable to the Company's mining activities.

Two. The application of the exhaustion factor endowments shall be the subject of an annual report to be submitted by the Company concerned as an annex to its plan of work, in such a way as to enable it to be in due control of its execution and cost.

Article thirty-six.

One. The allocation for each financial year shall be invested within 10 years from the end of that financial year.

Two. Investment shall be deemed to have been made when the expenditure or work referred to in the previous article or the fixed assets held by the Company has been incurred.

Three. In the case of Article 30 (1), the part of the allocation of the 'Exhaustion Factor' account actually used within the period concerned shall leave the taxable amount of the tax definitively reduced. Income of Companies or Industrial Tax, Cost of Benefits, according to whether legal or natural persons, respectively, gaining firmness such reduction as investments are made.

Article thirty-seven.

One. The part of the envelope not used in time and for the purposes indicated shall be added to the liquidable basis of the year corresponding to the expiry of a period of ten years, with the basic interest of the Banco de España which is legally applicable. on deferred taxes.

Two. In the case of liquidation of the Company, the unused amount of the exhaustion factor account shall be added to the charge in the form and with the effects provided for in the preceding paragraph.

Three. In the same way, the cases of the transfer or the total or partial disposal of the mining operation and those of merger or transformation of entities shall be carried out, unless the said account is kept by the Company which continues the mining activity in the the same terms as it was in the previous Enterprise.

Article thirty-eight.

The improper use of the "Exhaustion Factor" account shall determine the addition to the taxable amount of the financial year in which it was carried out, in the form and with the effects provided for in the previous article.

Article thirty-nine.

The regime that is set in this section will be incompatible for the same items in the fixed asset with the forecast for investments or the reserve asset for export investments.

Section 3. Surface canyon

Article forty.

The mining rights holders of section C of section C of the Mining Act are obliged to pay the mining area fee.

Article forty-one.

The fee will be required according to the bases and types contained in the following rates:

		Pesetas
rate. Scan permissions
each grid, up to 1,000	30
By grid, between 1,001 and 2,000	40
each grid, starting at 2,000	50
second. Research permissions
under legislations prior to Law 22/1973. For every 30 hectares or fraction and year will be paid	750
under Law 22/1973. For each grid and year will be paid	750
third. Operating concessions
under legislations prior to Law 22/1973. For every 10 hectares or fraction and year will be paid	500
in accordance with Law 22/1973. For each grid and year will be paid	1,500

Article forty-two.

One. The rates established for the exploration permits correspond to the full year of duration for which they are granted and their credit will be repeated in case the extension of the permit is granted for another year, in accordance with the provisions of the Law de Minas. In any event, the fee shall be payable on the day on which the right to which the grant agreement refers is born.

Two. The area fees provided for in the previous Article shall be payable in favour of the State on the first day of January of each calendar year in respect of all the research permits and operating concessions existing on that date.

When the research permits or operating concessions are granted after the first of January, in the year of the grant, the portion of the annual quotas that proportionally corresponds from the the date of the award shall be paid as a fee for the part of the annual instalments which is proportionally applicable from the date of the award to the end of the calendar year. In such cases the fee shall be payable on the day on which the right referred to in the relevant grant agreement is born.

Same criteria will be followed in cases of waiver or expiration of the investigation permits, leaving the charge to be paid on the day when the waiver is accepted or the expiration is declared.

Article forty-three.

One. The amounts paid in respect of the area fee for exploration or research permits shall be considered as deferred costs and shall be cumulated in the accounts for each permit.

Two. Such quantities may be freely amortised during the first 10 years from the first economic year on which the result of the derived exploitation appears.

Three. When such permits are derived from a concession of exploitation which, in accordance with the Law of Mines, is to be considered as a reserve of another concession in which the works of exploitation are concentrated, the amounts paid in The concept of the area fee for permits may be amortised for 10 years from the results obtained in the granting of the active exploitation referred to above.

FINAL PROVISIONS

First.

One. The Government and, where appropriate, the relevant Ministries are authorised to make the necessary provisions for the implementation and development of this Law.

Two. For the purposes of the hearing referred to in Article 3 (1), an Advisory Inter-Ministerial Commission shall be set up under the chairmanship of the Minister for Industry and represented by the producer and processor sectors.

Second.

One. For the purposes of Article 5 of the recast text of the Law of the Third Economic and Social Development Plan, approved by Decree 1 500-40 and one/thousand nine hundred and seventy-two, of 15 June, it is declared in any case National interest the creation of National Enterprises for the purposes provided for in Articles 13 to 17 of this Law.

Two. In the cases referred to in the preceding paragraph, the establishment of National Enterprises, where appropriate, shall be carried out, after agreement by the Government, by the National Institute of Industry, to which the necessary means shall be allocated for such purposes. end.

Third.

One. The tax benefits granted by this Law will only apply to mining activity, to which the Companies with other activities will have to keep separate accounts of that activity.

Two. Disputes that in fact regarding the tax benefits granted in this Law may arise between the Administration and the taxpayers, will be resolved by the Tax Juries.

Fourth.

The tax benefits set out in this Law will be compatible with each other, except where they relate to the same tax and for the same concept, in which case the Company will have to opt for the one that it voluntarily determines, understanding, in its default, that it does so for the most beneficial to it.

Fifth.

Within the maximum period of two months, the Government will publish, on the proposal of the Minister of Industry, the relationship of mineral raw materials and activities related to them declared as priorities in the National Supply Plan. or subsequently, for the purposes of the provisions of this Law.

Sixth.

The Government will dictate the necessary arrangements for the transformation of the Spanish Geological and Mining Institute into an autonomous agency under the Ministry of Industry.

Seventh.

Legal provisions that affect regulated matters within the scope of this Law shall continue to remain in that which does not object to the provisions of this Law.

Eighth.

This Law shall enter into force on the day following that of its publication in the "Official Gazette of the State".

ADDITIONAL DISPOSITION

One. The Government shall enact within the maximum period of one year a Statute for the Minero, in which the characteristics of this activity shall be regulated and in a primordial manner:

(a) The applicable social security, with a reduction in the retirement age;

b) Job security;

c) Professional retraining for the case of cessation of work;

d) Unemployment benefit;

e) The remuneration systems;

f) The employee's participation in the company's results; and

g) In general, how many contribute to the social and professional elevation of the miner.

Two. In the same period, the Government will take the necessary measures to dignify and improve the mining habitat.

TRANSIENT PROVISIONS

One. The tax benefits established in each case by this Law shall apply to investments made by natural and legal persons during the year one thousand nine hundred and seventy-six.

Two. As long as the creation of the budget concept and the allocation of the corresponding credit in the General Budget of the State within the section of the Ministry of Industry are not approved to meet the obligations arising from the article 20 of this Law, the appropriations for the Fund for the Restructuring of Sectors (Coal Mining) of the Public Investment Programme, which are in the same section and not used, may be used.

Given in Madrid to four of January thousand nine hundred and seventy-seven.

JOHN CARLOS

The President of the Spanish Courts,

TORCUATO FERNANDEZ-MIRANDA AND HEVIA