Article 124 of Law 47/2003, of 26 November, General Budget, provides that it is up to the Minister of Finance (currently Minister of Economy and Finance), on a proposal from the General Intervention of the Administration the State, determine the content, structure, rules of production and criteria for aggregation or consolidation of the General Account of the State.

This law regulates in its Articles 130 and following the structure of the General Account of the State, its formation by the General Intervention of the State Administration, as well as its subsequent referral to the Court of Auditors.

The Order of 12 December 2000, which regulates the General Account of the State, subsequently amended by Order EHA/553/2005 of 25 February 2005, was approved with the aim of introducing into the drawing up the General Account of the State a series of corrections proposed by the Joint Committee for relations with the Court of Auditors in its Resolutions on the Declarations on the General Accounts of the State of the exercises 1999, 2000 and 2001.

There are currently a number of circumstances that make it necessary to modify, again, the Regulatory Order of the General Account of the State.

First, in relation to the General Account of the administrative public sector, it is necessary to take into account that, up to that corresponding to the financial year 2006, this General Account, was presented in aggregate and in its Memory certain consolidated information was provided. However, since the General Account of the administrative public sector of 2007 has already been consolidated, it is considered appropriate to modify the contents of its Memory to incorporate in it some aggregated information regarding the entities (i) In addition, budgetary information relating to State entities governed by public law and to consortia forming part of the administrative public sector whose operating and capital budgets are included in the report shall be added to the report. General Budget Law of the State of each financial year, as well as aggregated information relating to funds without legal personality.

Another of the reasons that make it necessary to modify the General Account Regulatory Order is the need to adapt the structure of the General Account of the business public sector to the new General Accounting Plan, approved by Royal Decree 1514/2007 of 16 November.

This Plan is based on Law 16/2007 of 4 July, on the reform and adaptation of commercial law on accounting matters for international harmonisation based on European Union regulations, as well as on the recommendations of the Committee of Experts for the preparation of a report on the current situation of accounting in Spain and basic lines for dealing with its reform (White Paper on Accounting), which showed that the principles and accounting criteria that Spanish companies should apply in the drawing up of annual accounts Individual Member States should be those set out in the national legislation which, in turn, should be in line with the provisions of the International Financial Reporting Standards adopted by the European Union.

In addition, following the proposals of the Court of Auditors and the Joint Committee for Relations with the Court of Auditors, the elaboration of the General Account of the business public sector is regulated by the aggregation of the consolidated annual accounts of the business groups and individual accounts of the entities that are not part of any consolidated group.

It is also regulated that in the Memory of the General Account of the business sector, some partially consolidated states are included as well as the aggregate liquidation of the operating and capital budgets of the entities. whose budgets are included in the General Budget Law of the State of each financial year.

It is also necessary to modify the structure of the aggregated account of insurance entities presented in the Memory, to adapt it to the new Accounting Plan for the insurance institutions, approved by Royal Decree 1317/2008, of 24 July, in order to align the accounting framework applicable to those entities to the regulatory environment of the Financial Reporting Standards applicable in the European Union.

In addition, the aggregate account of credit institutions becomes a consolidated account whose structure is adapted to the models provided for in the Bank of Spain's Circular of 26 November 2008, amending the Circular 4/2004 of 22 December on rules on public and private financial reporting and models of financial statements.

In relation to the General Account of the public sector, it has been necessary to modify its structure to adapt its content to the models of the new General Plan of Accounting, although it has included exclusively balance sheet and results, since the ICAC has produced a report to the consultation 1 of the BOICAC n. 73/March 2008 ". Transitional provision 5. RD 1514/2007 'in which it provides that' the annual accounts of non-profit-making entities shall be made up of the documents required by their specific provisions. In particular, where those provisions require the production of an exclusively balance sheet, profit and loss account, institutions shall not be required to draw up the new documents included in the 2007 PGC (net worth and change of assets status). cash flow status) ".

In addition, the aggregate settlement of the operating and capital budgets of entities whose budgets are included in the Budget Law is included in the General Account Memory of the public sector. General of the State of each financial year.

On the other hand, according to the provisions of article 130.3 of the General Budget Law, which states that the Minister of Finance may determine the acquisition of an aggregate or consolidated account of all the entities in the sector State or by sector public, a single comprehensive account of all state public sector entities will be incorporated, starting from the financial year 2009, in the Memory of the General Account of the State, integrating, in a gradual manner, the entities of the business and foundational public sectors in the General Account of the public sector Consolidated administrative procedure for the modified equivalence procedure. This procedure consists in applying the application of the equivalence of the financial situation and the results of the entities obtained according to the principles generally accepted by the companies, not being necessary, therefore, to carry out prior homogenizations to adapt the valuations of the financial statements of each entity to the public accounting principles applicable to the parent, nor to the internal transactions removals.

Following the proposals of the Joint Committee on Relations with the Court of Auditors and in order to verify the objective of budgetary stability, information is incorporated into the Account of the General Account in terms of National Accounting.

Furthermore, the content of the single additional provision of the Order of 12 December 2000, which regulates the obligation to consolidate certain entities in the State public sector, to that of the Disposition, is in line with the Additional second of Law 16/2007, mentioned above.

In addition, the first and third transitional provisions of the Order of 12 December 2000, which regulate, respectively, the transitional arrangements for the production of the General Account of the administrative public sector, are eliminated. and the integration of occupational accidents and occupational diseases of Social Security into the General Account of the administrative public sector, as it does not apply. As a result of the foregoing, the Second Transitional Provision of that Order, which regulates the entities to be proportionally integrated into the General Account of the administrative public sector, becomes the Single Transitional Provision of that Order.

Finally, Annex II to that Order was deleted, which regulated the technical specifications of the information to be provided by the entities that are part of the General Account of the administrative public sector and the annexes are amended. I, III, IV and V of that Order to include the models of the General Account of the administrative, business and foundational public sector, as well as that of the aggregate account of insurance entities and that of the consolidated account of credit institutions adapted to the rules applicable to those entities and Annex VI to that Order is deleted which is no longer application. In addition, Annex VII is referred to as Annex VI 'Structure of the General Account of the aggregate administrative public sector' and an Annex VII is added to incorporate the models of the information to be supplied in terms of National Accounts.

As a consequence of all of the above, it is necessary to approve an amendment to the Order of 12 December 2000, which regulates the General Account of the State as amended by Order EHA/553/2005, to introduce the changes mentioned above.

Thus, in use of the powers that the Minister of Finance (currently Minister of Economy and Finance) grants Article 124 of the General Budget Law, on a proposal of the General Intervention of the State Administration, This rule amends the Order of the Ministry of Finance of 12 December 2000, which regulates the development of the General Account of the State.

In its virtue, according to the State Council, I come to have:

Single item. Amendment of the Order of 12 December 2000 regulating the development of the General Account of the State.

The following paragraphs of the Order of 12 December 2000, which regulates the elaboration of the General Account of the State, are amended.

One. Amendment of the second paragraph "General account of the administrative public sector".

1. Point 1.2.( d) is amended as follows:

" (d) Other bodies and entities not included in the preceding paragraphs which, as laid down in Article 121.2 of the General Budget Law, form their accounts in accordance with the accounting principles and rules collected in the General Public Accounting Plan. "

2. Point 1.4 is deleted.

3. Paragraph 5 is deleted " Valuation of the shares that the entities to integrate globally in the General Account of the administrative public sector have in state mercantile societies, in business public entities or in other agencies public ".

4. Point 7.3 'Information to be submitted by the institutions of the social security system' is amended as follows:

" The General Intervention of Social Security shall refer to the General Intervention of the State Administration the General Account of Social Security, and may use the computer procedures that, to this effect, determine the General Intervention of the State Administration.

The General Account of Social Security shall be accompanied by information relating to the operations carried out during the financial year with the other entities that are integrated into the General Account of the administrative public sector, in accordance with the content of the General Intervention of the State Administration. "

5. Point 7.4 'Rest of entities to be integrated into the General Account of the administrative public sector' is amended as follows:

" The other entities to be included in the General Account of the administrative public sector shall forward to the General Intervention of the State Administration the annual accounts approved before 31 July of the financial year the following to which they relate, and may use the computer procedures which, for this purpose, determine the Steering Centre.

The annual accounts of these entities shall be accompanied by information relating to the transactions carried out during the financial year with the other entities that are integrated into the said General Account. In accordance with the content of the General Intervention of the State Administration. "

6. Point 7.5 'Other information' is amended, which is worded as follows:

" The entities to be integrated into the General Account of the administrative public sector shall forward to the General Intervention of the State Administration any information deemed necessary by the Management Center for the elaboration of the abovementioned General Account. "

Two. Amendment of the third paragraph "The General Account of the business public sector".

1. Point 1.1 is amended as follows:

" The General Account of the business public sector shall be formed by aggregation of the balance sheet, profit and loss account, status of changes in equity and cash flow status of the public sector. state public sector that form their accounts in accordance with the accounting principles and standards set out in the General Accounting Plan in force for the Spanish company and its development standards.

In the case of business groups required to present consolidated accounts, the accounts to be integrated shall be those of the group. "

2. Point 1.2 is amended, which is worded as follows:

" 1.2 The state public sector entities that integrate this account are:

Business public entities as provided for in Chapter III of Title III of Law 6/1997 of April 14, Organization and Functioning of the General Administration of the State.

State-owned commercial companies as provided for in Article 2.e) of the General Budget Law.

Other entities in the public sector that are subject to the General Accounting Plan applicable to the Spanish company and its development provisions.

They will not be added to the General Account of the business public sector, those entities that have such different activities that their inclusion would be contrary to obtaining the purpose of the aggregate annual accounts. For these purposes, it is considered that it is contrary to the purpose expressed by the concurrency of credit and insurance institutions with other entities whose business, industrial or service, is. "

3. The first paragraph of point 3.1 is amended. ' Definition ", which is worded as follows:

" The application of the aggregation procedure involves the drawing up of an aggregated balance sheet to which all the assets, liabilities and net assets of the entities referred to in point 1.2 of this third subparagraph are incorporated. an aggregate profit and loss account in which all revenue and expenditure incurred in determining the outcome of those institutions shall be included; a statement of changes in the aggregate net worth in which all revenue and expenditure shall be included; changes in the net worth of such entities and a state of aggregate cash flows in which they are report on the origin and use of the cash-represented monetary assets and other equivalent liquid assets of those entities.

These states shall be drawn up once the homogenizations which come under the provisions of the following paragraphs have been made, unless such homogenizations offer an unimportant interest in the supply of information on the financial and financial situation and on the economic performance of the set of entities that are integrated into the General Account of the business public sector. '

4. Paragraph 3 of point 3.2.1 'Temporary homogenisation' is amended, which is worded as follows:

" When, during an exercise, an entity becomes integrated or falls outside of the General Account of the business public sector, the accounting information to be added shall be related only to the part of the financial year in which it is entity has been part of that General Account. "

5. Point 3.3 'Aggregation' is amended, which is worded as follows:

" The preparation of the General Account of the business public sector shall be carried out by aggregation of the different items, according to their nature, of the consolidated annual accounts of the business groups and the accounts individual annual entities that are not part of any business group, homogenized. "

6. Paragraph 1 of Section 4.1 'Composition' is amended as follows:

" The General Account of the business public sector comprises the aggregated balance sheet, the aggregate profit and loss account, the status of changes in the aggregate net worth and the state of aggregate cash flows. These states constitute a unit. "

7. Point 4.2 "Structure of the General Account of the business public sector" is amended, which is amended as follows:

"The structure of the states that are integrated into the General Account of the business public sector shall be adapted to the models set out in Annex II of this Standard."

8. Paragraph 1 of point 4.3 is amended, which is worded as follows:

"The aggregated balance sheet shall comprise, with the level of detail specified in Annex II, the assets, liabilities and net worth of the entities that are integrated into the General Account of the business public sector."

9. Paragraph 1 of point 4.4 is amended as follows:

"The aggregate profit and loss account shall comprise, with the level of detail specified in Annex II, the revenue and expenditure of the entities that are integrated into this General Account and the aggregate result."

10. Points 4.5 'State of changes in aggregate net worth' and 4.6 'State of aggregate cash flows' are added with the following wording:

" 4.5 Status of changes in aggregate net worth.

1. The State of changes in net worth added has two parts:

The first, called the State of income and recognised aggregate expenditure, which includes changes in net worth resulting from the financial year, revenue and expenditure to be charged directly to equity and transfers made to the profit and loss account.

The second, called the total state of changes in the aggregate net worth, informs of all changes in the net worth derived from: total balance of income and recognised expenses, variations originating in the net worth by transactions with the partners or owners when they act as such and the remaining changes in the net worth. It shall also report adjustments to net worth due to changes in accounting criteria and corrections of errors.

2. The statement of revenue and expenditure shall be made in the light of the fact that, in addition to the figures for the financial year, the figures for the preceding financial year must be included in each item. However, for the first financial year in which this rule enters into force, the figures for the previous financial year may be omitted.

4.6 Status of aggregate cash flows.

1. The aggregated cash flow statement reports on the origin and use of the cash representative cash assets and other equivalent liquid assets, classifying the movements for activities and indicating the net variation of the cash flows. such magnitude in the exercise.

2. The State of aggregate cash flows shall be made taking into account that, in addition to the figures for the financial year, which is closed for the preceding financial year, it shall be included in each item. However, for the first financial year in which this rule enters into force, the figures for the preceding financial year may be omitted. '

11. Point 5.3 'Other information' is amended, as follows:

" The entities to be integrated into the General Account of the business public sector shall submit to the General Intervention of the State Administration any other information deemed necessary by the Executive Center for the elaboration of the abovementioned General Account. "

Three. Amendment of the fourth paragraph "The general account of the public sector".

1. Point 1 'Delimitation' is amended, as follows:

" The general public sector account shall be formed by aggregating the balance sheet and the results accounts of the state public sector entities that form their accounts in accordance with the principles and rules of the public sector. Accounts collected in Royal Decree 776/1998 of 30 April 1998 approving the rules for the adaptation of the General Accounting Plan to non-profit-making entities. "

2. Point 3.2 'Structure of the general account of the public sector' is amended, which is amended as follows:

"The structure of the states that are integrated into the General Account of the public sector shall be adapted to the models set out in Annex III of this Standard."

3. Paragraph 1 of point 3.3 'aggregated balance sheet' is amended as follows:

"The aggregated balance sheet shall comprise, with the level of detail specified in Annex III, the assets, liabilities and net worth of the entities that are integrated into the General Account of the public sector."

4. Paragraph 1 of point 3.4 'Account of aggregate results' is amended, which shall be amended as follows:

"The aggregate income statement shall comprise, with the level of detail specified in Annex III, the revenue and expenditure of the entities that are integrated into this General Account and the aggregate result or surplus."

Four. Modifying the fifth "Memory" section.

1. Point 2.5 'Other Information' is referred to as 2.5 'aggregated information' and shall contain the following information:

" 2.5 Aggregate information.

1. Financial statements that make up the annual accounts, obtained by aggregating the data from the individual accounts of the entities that make up the administrative public sector, in accordance with the models in Annex V to this Order. "

2. Other aggregated budgetary information.

2.1 State of the aggregate budget settlement. Settlement of the expenditure budget. Detail by subsectors.

The detail of the information contained in the State of settlement of the expenditure budget, grouped in five sub-sectors, shall be provided:

General Administration of the State.

Social Security System.

Stand-alone organizations.

State agencies.

Rest of public Entes.

2.2 Credit modifications.

Information will be provided, by chapters, on the different types of credit modifications made in the financial year.

2.3 Pending Closed Budget Payment Obligations.

Information about:

will be presented at the chapter level:

Obligations to be paid as of January 1.

Rectiations of the incoming balance and cancellations.

Total obligations.

Payments made.

Obligations outstanding at 31 December.

2.4 Spending commitments from post-exercise budgets.

Information on expenditure commitments acquired during the financial year, as well as in previous years, attributable to successive financial years, shall be provided at the level of the amount and year to which refer to.

2.5 State of settlement of the aggregate budget. Liquidation of the revenue budget. Detail by subsectors.

The detail of the information contained in the statement of settlement of the revenue budget, grouped in five sub-sectors, shall be provided:

General Administration of the State.

Social Security System.

Stand-alone organizations.

State agencies.

Rest of public Entes.

2.6 Rights to be charged from closed budgets.

Information about:

will be provided at the chapter level:

Rights to be charged on January 1.

Rectiations of the incoming balance.

Annuations made.

Rights cancelled.

Collection.

Rights to be charged at December 31.

2.7 Commercial operations result.

3. Budgetary information relating to State public law entities governed by Article 2.1.g) and to the consortia referred to in Article 2.1.h) of the General Budget Law, which are part of the public administrative sector and whose operating and capital budgets are included in the General Budget Law of the State of each financial year.

4. Aggregate information relating to the funds without legal personality covered by Article 2.2 of the General Budget Law.

2. Point 2.6 'Consolidated information' is deleted.

3. Point 2.7 becomes known as 2.6 "Degree of achievement of the objectives".

4. Point 3.3 "Relation of entities not integrated in this General Account" is amended, which is amended as follows:

" Entities not integrated in this General Account shall be ordered according to the causes of their non-inclusion and, within each of them, according to their legal form and the Ministry to which they are attached or dependent.

The accounts of the insurance entities will be aggregated independently. The aggregated balance sheet, the aggregate profit and loss account, the status of changes in the aggregate net worth and the statement of aggregate cash flows shall be drawn up in accordance with the models set out in Annex IV to this Order, included in the Memory.

Credit institutions ' accounts will be consolidated independently. The consolidated balance sheet, the consolidated profit and loss account, the status of changes in consolidated net worth and the statement of consolidated cash flows shall be drawn up in accordance with the models set out in Annex IV to this Order, must be included in the Memory. "

5. Points 3.6 "Consolidated information" and 3.7 "Liquidation of the operating and capital budgets" are added with the following wording:

" 3.6 Consolidated information.

Financial statements will be presented, in which they will gradually be eliminated by the internal operations performed among the entities that are integrated into this General Account. "

" 3.7 Liquidation of operating and capital budgets.

The aggregate settlement of the operating and capital budgets of the entities whose budgets are included in the General Budget Law of the State of each Member State shall be submitted from the financial year 2009. exercise. "

6. The following wording is added to point 4.5: "Liquidation of the operating and capital budgets":

" 4.5 Liquidation of operating and capital budgets.

The aggregate settlement of the operating and capital budgets of the entities whose budgets are included in the General Budget Law of the State of each Member State shall be submitted from the financial year 2009. exercise. "

7. The following wording is added to point 5 'Single account of the State public sector':

" 5. Single State Public Sector Account.

A single consolidated account will be presented, starting from the financial year 2009, of all the public sector entities, integrating the entities of the business and foundational public sectors in a gradual way. General account of the consolidated administrative public sector, by the modified equivalence procedure. "

8. Point 6 "Information in terms of National Accounts" is added, with the following wording:

" 6. Information in terms of National Accounts.

In the General Account of the State, information will be included regarding the result obtained by the Central Administration and the Social Security Administrations in terms of National Accounts, determined according to the criteria for the institutional delimitation and allocation of operations laid down in Council Regulation (EC) No 2223/96 of 25 June 1996 on the European System of National and Regional Accounts of the Community (SEC-95) and other applicable Community rules, in accordance with the models in Annex VI to this Order.

The information to be included will correspond to the latest data of a definitive nature (which will be those relating to the immediate past year referred to in the general account) notified to the European Commission in compliance with the obligations imposed on Member States by the Excessive Deficit Procedure as laid down in Council Regulation EC 3605/1993, as amended by Council Regulation EC 475/2000 and by Council Regulation (EC) No 2103/2005. '

Five. Modification of the single additional disposition.

The Order's single additional provision of 12 December 2000 is worded as follows:

" Single additional disposition. Obligation to consolidate certain entities in the State public sector.

Public entities and other entities in the State public sector, with the exception of State-owned commercial companies, subject to the commercial law in accounting matters that, dominating other entities subject to such rules, form a group in accordance with the criteria set out in Section 1 of Chapter 1 of the Rules for the Form of Consolidated Annual Accounts, approved by Royal Decree 1815/1991 of 20 December 1991, consolidated annual accounts for the purposes of drawing up the General Account of the State, with the criteria set out in those Rules. "

Six. Amendment of the transitional provisions.

Transitional provisions first "Transitional regime for the elaboration of the General Account of the State" and third " Integration of the Mutual Insurance and Occupational Safety Diseases Social in the General Account of the administrative public sector " of the Order of 12 December 2000, for which the elaboration of the General Account of the State is regulated.

The second transitional provision of that Order becomes known as the single transitional arrangement "Entities to integrate proportionally into the General Account of the administrative public sector" and maintains its wording

Seven. Modification of the final disposition first.

The final provision of the Order of 12 December 2000 is worded as follows:

" Final Disposition first. Modification of the models of states that make up the General Account of the State.

The General Intervention of the State Administration, in accordance with the criteria laid down in the Order, may modify the models of the states that constitute the General Account of the administrative public sector, that of the sector business and public sector public, as well as models relating to the information contained in the Report, as provided for in Annexes I, II, III, IV, V and VI of this Order. '

Eight. Amendment of the Annexes.

The contents of Annex I "Structure of the General Account of the Administrative Public Sector" of the Order of 12 December 2000 are amended, which shall have the content provided for in Annex I to this Order and the Annexes II "Technical specifications of the information to be provided by the entities that are part of the General Account of the administrative public sector" and VI " Memory: Technical specifications of the information to be provided by the entities that integrate the General Account of the administrative public sector ' of that Order.

Annex III of that Order is referred to as Annex II "Structure of the General Account of the business public sector"; Annex IV is referred to as Annex III "Structure of the General Account of the Founding Public Sector" and the Annex V is referred to as Annex IV "Structure of the aggregate account of the insurance institutions and the consolidated account of the credit institutions to be included in the report" and shall be subject to the content provided for in Annex I to this Order.

Annex VII is referred to as Annex V "Structure of the General Account of the aggregate administrative public sector".

A new Annex VI "Information in terms of National Accounts" is included in the Order of 12 December 2000, with the content provided for in Annex II of this Order.

Single end disposition. Entry into force.

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

Madrid, June 12, 2009. -Vice President of the Government and Minister of Economy and Finance, Elena Salgado Méndez.

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