JUAN CARLOS I

REY DE ESPAÑA

To all who see it and understand it.

Know: That the General Courts have passed and I come to punish the following Law.

PREAMBULATION

I

The General Budgets of the State base their basic normative framework in our Constitution, the Spanish Constitution of 27 December 1978, as well as the General Budget Act and the General Budget Stability Act.

The Constitutional Court has been specifying the possible content of the Annual Law on General Budgets of the State and has come to state that there is a necessary content, which is constituted by the determination of the forecast of income and the authorization of expenses that may be incurred by the State and the Entes to it linked or to it dependent on the exercise in question. Along with this necessary content, it is possible to add an eventual content, although strictly limited to matters or issues that are directly related to income forecasts, expenditure allocations or general economic policy criteria, which are necessary for the easier interpretation and more effective implementation of the General State Budgets and the Government ' s economic policy.

On the other hand, the Constitutional Court notes that the criterion of temporaryity is not determinant of the constitutionality or not of a rule from the perspective of its inclusion in a Budget Act. Therefore, while the Budget Act may be qualified as an essentially temporary rule, nothing prevents them from accidentally becoming part of the Multi-year or Indefinite Precepts Act.

On the other hand, in matters of taxation, article 134, paragraph 7, of the Constitution provides that the Budget Act cannot create taxes even if it does modify them when a substantive tax law so provides.

The subjects that remain outside these forecasts are matters other than the State Budget Act. In this way, the content of the Act is constitutionally bound – unlike what happens with the other Laws, whose content is, in principle, unlimited– within the jurisdictional sphere of the State and with the exclusions inherent in the matter reserved for Organic Law.

Consequently, the General Budgets of the State Act for 2009 regulates only, together with its necessary content, those provisions that respect the Constitutional Court ' s doctrine of eventual content.

These General Budgets of the State developed under Law 47/2003 of 26 November, the Budgeting General, persist in the objective of achieving a more rationalization of the budgetary process through the confluence of systematization improvements, while proceeding to the economic and financial management of the State public sector, to order its accounting and control standards, and at the level of effectiveness and efficiency.

The implementation of these principles is consistent with the continuity in the orientation of economic policy, aimed at promoting a growth model, within the framework of budgetary stability, with the dual objective of, first, contributing to the increase in the productivity of the Spanish economy and, secondly, strengthening social spending in certain areas.

The Budget Act for 2009 consolidates the reorientation of expenditure towards programmes for the boosting of productivity, which is manifested through three types of measures: public investment in infrastructure, research, development and technological innovation, as well as in the field of education. In short, it is a matter of increasing public capital, contributing to increase the growth potential of the Spanish economy.

This Act also reflects the social nature of the Government ' s economic policy, through the development of measures to improve well-being and social cohesion, ensuring that the benefits of growth reach all citizens. On the other hand, the process of separating sources of financing from the Social Security system is consolidated with a significant increase in the State ' s contribution to the supplements for minimum and non-contributory pensions.

The Act accommodates this set of measures within a commitment to stability whose positive impact on expectations is in favour of economic growth and job creation. The objective of budgetary stability for the period 2009-2011, established by the Council of Ministers Agreement of 30 May 2008, was approved by the Plenary of the Congress on 12 June and ratified on 26 June 2008. This Agreement projects a path of surplus for the whole of the Public Administrations that stands at 0.8 percent of GDP in 2011. In addition, the non-financial spending limit of the State budget was set at 160,158 thousand euros, 5 per cent more than the previous year, so, according to the spending needs, a prudent fiscal policy is guaranteed at the same time, giving confidence to economic agents and moderating the evolution of inflation.

II

The essential part of the Budget Act is set out in Title I, “From the Approval of Budgets and Their Modifications”, since Chapter I, under the heading “Initiative Credits and Funding thereof”, approves the entire state of income and expenditure of the State public sector and discloses the amount of fiscal benefits that affect the taxes of the State.

In this Chapter I, in defining the scope of the General Budgets of the State, it takes into account the classification of the Public Agencies of Law 6/1997, of Organization and Functioning of the General Administration of the State, as well as Law 47/2003, of 26 November, General Budget, which is present in the rest of the Law. The Law 28/2006, of 18 July, of State Agencies for the Improvement of Public Services is also taken into account. The distribution of the funds, on the other hand, serves the purpose pursued with the realization of the expenditure, being distributed by functions.

The scope of the General Budgets of the State is supplemented by the budget of operating expenses and investments of the Banco de España, which, according to its specific legislation (Article 4.2 of Law 13/1994 of 1 June, of Autonomy of the Banco de España), is not consolidated with the remaining budgets of the state public sector.

Chapter II contains rules on the modification and implementation of budgetary credits, budgetary constraints and binding credits to operate during the year 2009.

Chapter III, of Social Security, regulates the financing of health care, through the budget of the National Institute for Health Management and the contributions of the State, the Institute of Majorities and Social Services and the Social Institute of the Navy, as well as those for Social Security, for the financing of the supplements for minimum pensions.

III

Part II of the Budget Act on the “Provisional Management” is structured into three chapters.

Chapter I regulates the management of educational budgets. It establishes the economic module for the distribution of public funds for the support of arranged centers and the amount of the authorization of the staff costs of the National University of Distance Education (UNED).

Chapter II on the “Health and Social Services Budget Management”, contains specific competencies in budgetary changes within the scope of the National Health Management Institute and the Institute of Majorities and Social Services.

Chapter III collects other budgetary management standards and establishes the percentage of the participation of the State Tax Administration Agency in the gross collection obtained by its own activity, with the percentage fixed for 2009 at 5 per cent, with a maximum of 175,000 thousand euros.

IV

Title III of the Law on General Budgets of the State is translated as “Of the staff costs”, and is structured in three chapters.

The impact that the stability and sustained growth of our economy has on the staff at the service of the public sector is reflected in Chapter I, on the "Increase in staff costs at the service of the public sector", which, after defining what constitutes "public sector" for this purpose, establishes an increase in the remuneration of this staff, encrypted by 2 per cent.

In addition to the above increases, an increase of 1 per cent of the wage mass is expected to be used to increase the specific supplement, or appropriate concept, in order to progressively achieve, in successive exercises, an accommodation of such supplements, which allows their perception of 14 pay per year.

The regulation of the Public Employment Offer is also included in this chapter. The present Law on General Budgets of the State, like the previous one, maintains its regulation in a single article, but increases the restrictions on the incorporation of new income staff that cannot exceed thirty per cent of the rate of replacement of personnel, which is consistent with the current situation, criterion that will not be applied in certain cases, among which we can cite the staff of the Administration of Justice, the Public Administrations with the competences of the 2006

As far as the Armed Forces are concerned, the limit to applying to the replacement rate will be sixty-five per cent, raising that limit to one hundred per cent to air security, to the State Security Forces and Corps, to the deployment of troops of the Autonomous Police, and, in the area of the Local Administration, to the local police.

Restrictions on the recruitment of temporary labour personnel and on the appointment of interim staff are maintained, giving them a rigorously exceptional character and linking them to urgent and unseen needs.

In Chapter II, under the heading "From the Retributive Regimes", they remain in 2009, as a measure of austerity, in the same terms and amounts as in Law 51/2007 of 26 December, on General Budgets of the State for the year 2008, the retributions of the high posts of the Government of the Nation and of the General Administration of the State, those corresponding to the high offices of the Council of State, and of the Economic and Social Court The need to include these provisions in the General Budgets of the State Act derives from the fact that the approval of the Budgets of these Bodies and, therefore, of the above-mentioned retributions must be made by the General Courts. The principles of unity and universality of the budget require that such approval be made in a single, comprehensive document of all State expenditure, as is the Law on General Budgets of the State.

This chapter is supplemented by the rules relating to the retributions of State officials, Armed Forces personnel, Civil Guard Corps and National Police Corps, Social Security and those relating to the retributive increase that will be experienced by state public sector personnel subject to administrative and statutory regimes and the public sector workforce.

Along with the regulations governing staff at the service of the Administration of Justice, specific mention is worthy of those relating to the regulation of the remuneration of members of the Judicial and Public Prosecution Service in accordance with the provisions of Law 15/2003 of 26 May.

Chapter III of this Title contains a standard of closure, applicable to staff whose retributive system does not have adequate fit in the rules contained in Chapter II. Alongside it, it collects, as in previous Budget Laws, other common provisions on active personnel regime, as well as those relating to the prohibition of atypical income and the increase in the amounts to be paid for the concepts of rewards, crosses, medals and maiming pensions.

Finally, Title III has introduced the minimum modifications resulting from the entry into force of Law 7/2007 of 12 April of the Basic Statute of the Public Employee, and which, basically, are limited to complying with the provisions of the third transitional provision in relation to Article 76 and the fourth final provision of the aforementioned basic rule. In addition, Article 22 maintains the equivalence of the classification groups of Law 30/1984 with those established in Law 7/2007, of 12 April, of the Basic Statute of the Public Employee, in this way, according to the provisions of Articles 22.Seis and 24.Uno.d, of this Law, and without prejudice to the fact that, according to the transitional provision of the Law 7/2007, of the Public Regulations of the same

V

Title IV, in line with the previous exercises, reflects the Government ' s commitment to improving the minimum pensions above the revaluation of the same ones derived from the mere consideration of the evolution of the consumer price index, and this for both the Social Security and the State ' s passive classes.

Reproducing the structure of previous exercises, Title IV of the Law on General Budgets of the State, under the heading "Of public pensions", is divided into five chapters. Chapter I is dedicated to regulating the initial determination of the State ' s Passive Classes Scheme, special war and non-contributory social security pensions, and whose modification in respect of previous periods is derived from the updating of the amounts reflected in it.

Chapter II contains the limitations of the initial notice of public pensions, implementing a maximum limitation system. This limitation is already traditional in our pension system, altering, exclusively, the maximum amount.

In Chapter III of this Title IV, the one concerning the revaluation and modification of the values of public pensions, there is an increase of the same for the year 2009 of 2 per cent, which guarantees the purchasing power of pensioners, thereby ensuring the levels of coverage and protection of social spending. This regulation is supplemented by the establishment of limitations to the revaluation of pensions, consistent with the system of limitation of the maximum amount of pensions, as well as the determination of non-revaluable pensions in 2009.

Chapter IV collects the system of minimum supplements, which governs in two articles, respectively, to passive class pensions and pensions of the social security system.

Chapter V contains in one article the establishment of the amount of non-concurrent pensions of the extinct Obligatory Insurance of old age and invalidity.

VI

Title V, “Of Financial Operations”, is structured in three chapters, relating respectively to Public Debt, public guarantees and other guarantees and State relations with the Official Credit Institute.

The fundamental purpose of this Title is to authorize the amount to which the State and the Public Agencies can conduct debt operations, which is regulated in Chapter I, under the heading "Public Debt". These generic authorizations are supplemented by the determination of the information to be provided by the Public Agencies and the Government itself on the evolution of the Public Debt and the accounts opened by the Treasury in the Bank of Spain and other financial entities.

In the matter of State debt, the authorization refers to the amount of the increase in the living balance of the State Debt as at 31 December. Thus, for the year 2009 the Minister of Economy and Finance is authorized to increase the same, with the limitation that the living balance of that Debt as at 31 December 2009 does not exceed that for 1 January 2009 in more than 29,929,574.55 thousand euros, allowing that limit to be exceeded during the period following authorization by the Ministry of Economy and Finance and establishing the assumptions in which it will be automatically revised.

In respect of the debt of public agencies, the amount authorized to each of them is determined for the exercise in Annex III of the Law.

Chapter II, on "Public guarantees and other guarantees", sets the total limit of the guarantees to be provided by the State and the Public Agencies. Within the State ' s guarantees, special mention should be made of the authorization of public guarantees to guarantee fixed income values issued by Asset Titulization Funds, aimed at improving the financing of business productive activity, for which an amount of 3,000,000 thousand euros is established.

With regard to the guarantees to be provided by the Public Agencies, authorization is limited to the State Society for Industrial Participations, duly accompanied by the determination of the information to be provided by the Government to the General Courts on the evolution of the guarantees granted.

The State ' s relations with the Official Credit Institute are reflected in Chapter III, and focus on regulating the State ' s reimbursements to that Institute, the information to be provided to the General Courts and the funding of the Development Assistance Fund, which in 2009 will be increased by 2,088,330 thousand euros.

Regardless of the annual strength of the Development Assistance Fund, the volume of operations that the Council of Ministers may authorize during the period from that Fund is set to 2,338,330 thousand euros.

Finally, it is also stated that the Fund for Water and Sanitation Cooperation will amount to Euro300,000 for 2009.

VII

Title VI includes, only, the provisions of annual validity to which the substantive laws of the different taxes are referred.

In the area of the Income Tax of Physical Persons, for transmissions of real estate not affected to economic activities, it includes updating the corrective coefficients of the acquisition value to 2 per cent.

The regulation of the rules applicable in the joint taxation is also amended so that the amount to be computed at least by the taxpayer is the same in individual and joint taxation.

On the other hand, the exclusionary limit of the obligation to declare applicable to full returns of work is raised when, among other cases, several payers are perceived, as a result of the incorporation of the new deduction for obtaining returns of work or economic activities, regulated in article 80 bis of the Tax Act.

In addition, two transitional provisions regulate compensation for the loss of tax benefits that affect certain taxpayers with the current Law on the Income Tax of Physical Persons: the purchasers of habitual housing and the perceptions of certain returns of the capital of furniture over the period of two years in 2008 regarding those established in the regulations of the Income Tax of Physical Persons in force until 31 December 2006.

As regards the Tax of Societies, the measures included are those of annual validity referred to in the Law of this Tax. It includes, therefore, the updating of the coefficients applicable to real estate assets, which allows to correct monetary depreciation in the transmission assumptions. In addition, the way to determine the payments made by the Tax during the year 2009 is reflected.

In the field of local taxes, the cadastral values of real estate are updated by 2 per cent.

In the Tax on Parental Transmissions and Documented Legal Acts, the scale of the transmission and rehabilitation of Grandezas and Titles Nobiliarios is updated to 2 percent.

As far as rates are concerned, 2 per cent of the fixed rates of the State Treasury are updated on a general basis, except for the rates that have been created or updated specifically by the standards issued in 2008. For its part, the rate per reservation of the radioelectric public domain is updated, as average, to 1.8 percent. In addition, the fixed amount of the rates per publication of advertisements in the "Official State Gazette" and the "Official Gazette of the Commercial Register" is reduced, as well as the rate applicable to the procedure for modification of the authorization already granted to the opening of a zoosanitary product processing entity; there is a reordering of the rates of the Central Traffic Headquarters and the rates of the Ministry of Internal Affairs regarding the issuance of passport are increased. There are also 3 per cent of airport rates, except for airport security, which is 7 per cent higher.

For the year 2009, however, the fixed rates and amounts established for the rates that enliven the games of luck, envite or random, are maintained in the amounts required during 2008.

According to the work carried out by the Agricultural Taxation Bureau, and it is foreseeable that the average level of gas oil prices used in agriculture and livestock in the period from 1 October 2007 to 31 December 2008 will exceed the average level reached by such prices in the period from 1 January 2004 to 31 December 2005, increased by the percentage of farmers in the year 2008.

VIII

Title VII is structured in two chapters, dedicated respectively to Local Entities and Autonomous Communities.

Chapter I contains rules relating to the financing of local entities, including municipalities, provinces, lobbying and island councils, as well as single-provincial Autonomous Communities.

The core is the articulation of the participation of the Local Entities in the taxes of the State, both in the determination of their size and in the manner of making it effective. The participation, through assignment, in the collection of certain taxes, such as the IRPF, VAT and special taxes on the manufacture of alcohols, on hydrocarbons and on the work of tobacco; participation through the Complementary Fund for Financing with specific attention to the compensations to the Local Institutions for the losses of collection in the Tax on Economic Activities, which includes both the initially established by Law 51/2002, of 27 December

Finally, the regulation of the special regimes of participation of Ceuta and Melilla, of the Local Entities of the Canary Islands, as well as that of the Local Entities of the Historical Territories of the Basque Country and Navarra, is collected.

However, this regulation is supplemented by other transfers, made up of subsidies for urban collective transport services, compensation to the municipalities for the tax benefits granted to individuals or legal entities in the local taxes, pursuant to article 9 of the Royal Legislative Decree 2/2004 of 5 March, which approves the Refunded Text of the Local Treasury Regulatory Law.

In addition, the information obligations to be provided by the Local Entities, the budgetary management regulations, the granting of advances to the municipalities to cover the gaps that may occur in the collection of local taxes and the articulation of the procedure to comply with the firm debt compensations owed to the State by the Local Entities are regulated.

Chapter II regulates certain aspects of the financing of the Autonomous Communities.

Its core is the articulation of the mechanism of the common system funding system of the Autonomous Communities that is composed of resources of the State that are transferred to the same (Sufficiency Fund) and the regulation of three of the measures derived from the II Conference of Presidents and approved by the Council of Fiscal Policy and Financial at its session of 13 September 2005, such as the Complementary Endowment for Health Assistance Financing, the Endowment of Health Assistance.

In accordance with the provisions of Act No. 21/2001 of 27 December, the Autonomous Communities of the common system are also financed through the collection of the taxes that the State has given to them in whole or in part and which, by its nature, does not reflect in the General Budgets of the State.

The transfer regime in 2009 for the effective cost of the services assumed by the Autonomous Communities, as well as the minimum content of the Royal Decrees that approve the new transfers, is also regulated in the chapter.

Finally, the regulation of the Interterritorial Compensation Funds is collected, distinguishing between the Compensation Fund and the Supplementary Fund. Both Funds are intended to finance investment costs by the Autonomous Communities. However, the Supplementary Fund may be allocated to the financing of investment start-up or operation costs under Section 33 of the General Budgets of the State.

IX

The Law on General Budgets of the State contains in this Title VIII, under the heading "Social Quotations", the regulations regarding the bases and types of contributions of the different social security regimes, proceeding to update the latter.

The Title consists of two related articles, respectively, to "Bases and types of contributions to Social Security, Unemployment, Salarial Guarantee and Vocational Training Fund during the year 2009" and "Cotisation to the General Staff Mutualities for the year 2009".

X

The contents of the Budget Act are supplemented by a number of additional, transitional, derogatory and final provisions, which contain very varied provisions, some already discussed in previous points.

In the area of public pensions and assistance benefits, among other measures, the amounts of the economic benefits of Social Security per dependent child, of the assistance pensions and economic subsidies of Law 13/1982, of Social Integration of Minusvalides, revaluation for the year 2009 of the benefits of great disability of the Special Social Security Regime of the Armed Forces and of the Social Aids to those affected by the virus are established. It also regulates the updating of certain State Passive Class pensions. It also regulates the maintenance of the purchasing power of pensions in 2009.

In the area of personnel, the maximum staffing establishments of Tropa and Marineria professional military personnel are established to reach 31 December 2009 and the Government is authorized to modify the staffing establishments of the Armed Forces approved for the 2008-2009 cycle, in Royal Decree 1311/2004 of 28 May.

Priority activities and programmes of patronage are also established.

As regards the Public Service of State Employment, direct management of credits for active employment policies is regulated, as well as the financial contribution that is made to the financing of the Comprehensive Plan of Employment of the Autonomous Communities of the Canary Islands, Galicia, Castilla-La Mancha and Extremadura. The funding of vocational training for employment is detailed.

The provisions concerning the guarantee of the State for works of cultural interest temporarily ceded for exhibition in institutions of exclusive competence of the Ministry of Culture are also collected and, as in previous years, the relative regulation of the draws of National Lottery in favor of the Spanish Red Cross and the Spanish Association against Cancer is agreed.

The rules of economic nature refer to the legal interest of money, which is fixed at 5.5 per cent and the interest of delay, which is set at 7 per cent. The determination of the public multi-purpose income indicator (IPREM) is produced for 2009.

The promotion of foreign trade is reflected in additional provisions relating to, one to the allocation of funds for the promotion of Spanish investment abroad (Foreign Investment Fund, Small and Medium-sized Investment Working Capital Fund), and another related to the Credit Insurance to Export.

The maximum coverage limit for new recruitment, which can secure and distribute CESCE in the year 2009 is raised to 4.547,280 thousand euros, excluding the Open Export Management Policy (PAGEX), 100 policy and Master Policy.

The Foreign Investment Fund is established at 50,000 thousand euros. The maximum total amount of operations that may be approved by the respective Executive Committees is set at Euro180,000 in the Foreign Investment Fund and Euro15,000 in the Foreign Investment Working Capital Fund for Small and Medium Enterprise.

It also reflects in the additional provisions the support for scientific research and technological development, which is manifested in a triple way, by granting moratoriums to companies that have benefited from credits from the National Fund for the Development of Scientific and Technical Research; by granting reimbursable aid for the financing of concerted actions; and by implementing financial support to technology-based enterprises.

It also regulates the subsidies to air and sea transport for residents in the Canary Islands, the Balearic Islands, Ceuta and Melilla; the initial budget of the agencies, as well as the expenses for extraordinary actions of the Military Emergency Unit.

The following are a series of transitional provisions, including tax compensation for habitual housing purchasers in 2008, Employment Pension Schemes or Collective Insurance, compensation for residence of staff in the service of the state public sector and the absorption of Personal and Transitory Complements.

It also includes a derogatory provision concerning article 69 of the articulated text of the State Civil Servants Act, approved by Decree 315/1964 of 7 February.

The Law is closed with a set of final provisions, which reflect the modifications made to various legal norms. Between them, the consolidated text of the General Law on Social Security, approved by Royal Legislative Decree 1/1994 of 20 June, the consolidated text of the Law on Social Security of the Civil Servants of the State, approved by Royal Legislative Decree 4/2000 of 23 June, Law 11/2002 of 6 May, regulator of the National Intelligence Centre, Law 47/2003 of 26 November, The Act ends with the management of budgetary allocations in the field of passive classes.

PART I

Approval of the Budgets and their amendments

CHAPTER I

Initial credits and their financing

Article 1. Scope of the General Budgets of the State.

The General Budgets of the State for the year 2009 include:

(a) State budget.

(b) The budgets of the autonomous agencies of the State General Administration.

(c) The Social Security budget.

(d) State Agency budgets.

(e) The budgets of the Public Agencies whose regulations are limited to the provisions of their budget of expenditure.

(f) The budgets of the Administrative Public Sector Consortiums.

(g) The budgets of the Mercantile Societies.

(h) The budgets of the State Public Sector Foundations.

(i) The budgets of public business entities and other public bodies.

(j) The budgets of funds lacking legal personality referred to in article 2.2 of Law 47/2003 of 26 November, Budget General.

Article 2. From the approval of the statements of expenditure and income of the entities referred to in the letters (a) to (d) of Article 1 of this Law.

One. For the implementation of the programmes integrated in the expenditure statements for the budgets of the entities referred to in paragraphs (a), (b), (c), (d) and (e) of the previous article, credits are approved in Economic Chapters I to VIII in the amount of 350,211,51 thousand euros, according to the programme distribution detailed in annex I to this Law. The policy grouping of the credits of these programmes is as follows:

Two. In the income statements of the Entes referred to in the preceding paragraph, the estimates of the economic rights expected to be liquidated during the budget period are reflected. The distribution of its consolidated amount, expressed in thousands of euros, is as follows:

Three. For internal transfers between the entities referred to in paragraph One of this article, credits are approved in the amount of 21,876,310.48 thousand euros with the following breakdown by Entes:

Thousands of euros

Four. Credits included in the programmes and transfers between subsectors of the expenditure statements approved in this article are distributed organically and economically, expressed in thousands of euros, as follows:

Five. For the amortization of financial liabilities, provision is made in Chapter IX of the expenditure statements of the Entes referred to in paragraph One, in the amount of 34,306,815,69 thousand euros whose programme distribution is detailed in Annex I to this Law.

Article 3. Tax benefits.

Fiscal benefits affecting the State taxes are estimated at Euro61,478,940. Its systematic management is incorporated as an annex to the state of State revenue.

Article 4. Of the financing of the credits approved in article 2 of this Law.

Credits approved in Article 2 (1) of this Law amounting to Euro50,213,51 million shall be financed:

(a) With the economic rights to liquidate during the period, which are detailed in the corresponding income states and estimated at 301,435,203.62 thousand euros; and

(b) With the net indebtedness resulting from the operations regulated in Chapter I of Title V of this Law.

Article 5. From the trading account.

The estimates of expenditures and income forecasts relating to the commercial operations of the autonomous agencies are approved, which, at the entry into force of Law 6/1997 of 14 April of Organization and Operation of the General Administration of the State, were included in article 4.1 (b) of the consolidated text of the General Budget Act, as well as those of the Public Agency Instituto Cervantes.

Article 6. Of the budgets of the entities referred to in the letters (f), (g), (h), (i) and (j) of article 1 of this Law.

One. The budgets of the Administrative Public Sector Consortiums in Annex XIV are approved.

Two. The budgets of the State commercial companies with a majority of public capital are approved, which reflect their estimates of expenditures and forecasts of income, presented individually or consolidated with the group of companies to which they belong, and relate in the latter case to the companies that are subject to consolidated presentation. Without prejudice to the foregoing, it is included, in any case, separately those of the State commercial societies that receive subsidies from the State's General Budgets.

Three. The budgets of the State Foundations that reflect their cost estimates and income forecasts in Annex XIII are approved.

Four. The budgets of the public business entities and the public agencies specified in annex XIV are approved, which include the cost estimates and income forecasts relating to them and their financial statements, without prejudice to the control mechanisms that, if any, may contain the provisions applicable to them.

Five. The budgets of the funds without legal personality referred to in article 2.2 of Law 47/2003 of 26 November, the Budgeting General, which include the cost estimates and income forecasts referred to therein and their financial statements, without prejudice to the control mechanisms that, if any, may contain the provisions applicable to them.

Article 7. Bank of Spain budget.

According to article 4.2 of Law 13/1994 of 1 June on Autonomy of the Banco de España, the budget for operating expenses and investments of the Banco de España, which joins this Law, is approved.

CHAPTER II

Rules for the modification and implementation of budgetary provisions

Article 8. General principles.

The amendments to the budgetary provisions authorized in this Act shall be subject to the following rules:

First. The modifications of budgetary provisions shall be in accordance with the provisions of this Act, and to the effect provided for in Law 47/2003 of 26 November, the Budgeting General, at the ends that are not modified by it.

Second. Regardless of the levels of linkage established in articles 43 and 44 of the General Budget Law, any budgetary modification agreement shall expressly indicate the Section, Service or Public Body to which it relates as well as the programme, article, concept and subconcept, if any, affected by it.

Article 9. Binding credits.

One. With exclusive effect during 2009, the amount of financial disaggregation in the statements of expenditure shall be deemed binding, with the level of economic disaggregation in the statements of expenditure.

Two. In 2009 alone, credit 26.14.231A.227.11 "For activities in the prevention, investigation, prosecution and suppression of offences related to drug trafficking and other purposes referred to in Law 17/2003 of 29 May will be binding."

Three. The credits 3591-262626 "The 11-M Fund Agreement" and 3591-4875 "The 11M Fund Statements" of the IMSERSO Cost Budget will be binding in 2009.

Four. With exclusive validity for 2009 they will link at the level of chapter, with the exception of the nominative subsidies, and without prejudice to their specification at the level of concept in the states of expenditure, the budgetary provisions set out in chapter 7 "Capital transfers", of the Budget of Section 17 "Ministry of Development", autonomous agency 238 "Center of Studies and Experimentation of Public Works", program 467B "Investigation, development and experimentation in the transport".

Five. Exclusively applicable for 2009 will link at the level of chapter, with the exception of the nominative grants, and without prejudice to their specification at the level of concept in the states of expenditure, the budgetary provisions contained in chapter 7 "Transfer of capital", of the Budget of Section 20 "Ministry of Industry, Tourism and Commerce" for the following Services and Programs: Service 13 "General Address of Telecommunications", program 467I

Six. Technical cooperation and development of the following services and programmes: Service 05 "General of Programs and Knowledge Transfer"

Article 10. Specific competencies in budgetary changes.

One. The Minister of Economy and Finance has the following specific competencies with respect to budgetary changes in the year 2009:

1. Authorize transfers that affect the credits provided for in Article 9.One of this Law, when its level of linkage is different from that established in general for the chapters in which they are appropriated.

In the Social Security Budget such authorization shall be vested in the Minister of Labour and Immigration, except in the INGESA Budget, which shall be the Minister of Health and Consumer Affairs, and in the IMSERSO Budget, which shall be the Minister of Education, Social Policy and Sport.

2. Authorize transfers from credit 26.14.231A.227.11 "For activities in the prevention, investigation, prosecution and suppression of offences related to drug trafficking and other purposes referred to in Law 17/2003 of 29 May", when they are intended for other ministerial departments.

3. Authorize credit transfers between services or autonomous agencies of different ministerial departments, where necessary for the distribution of the credits of the National Fund for the Development of Scientific and Technical Research or the Strategic Fund for Scientific and Technological Infrastructures.

4. Authorize credit transfers between services or autonomous agencies of different ministerial departments, where necessary to give effect to the redistribution, reassignment or mobility of the personnel or of the posts of work, in the cases provided for in Chapter IV of the General Staff Regulations 1995 to the Service of the General Administration of the State and of the Provision of Work and Professional Promotion of the Civil Servants of the State Administration,

5. Authorize generations of credit in the Ministry of Defence as a result of income from the Management of Infrastructure and Defence Equipment, for operating expenses of the Armed Forces.

Two. The Minister of Defence has the following specific competencies in budgetary modifications for the year 2009:

1. Authorize the generations of credit provided for in section 53.2.b) of Law 47/2003 of 26 November, Budget General, motivated by income from sales of pharmaceuticals or the provision of hospital services, as well as by income from supplies of food, fuels or properly authorized food benefits, and services to armies of countries integrated in NATO.

2. Authorize the credit transfers to be made in the budget of the Management of Infrastructure and Defence Equipment, to remit funds to the State for the operational needs of the Armed Forces, even with the creation of new concepts.

Three. The Director-General of the Centre for Public Works Studies and Experimentation is responsible for authorizing in the Budget of the said Agency, credit transfers that affect the transfer of capital between subsectors even with the creation of new concepts, when they are the result of the granting of aid to public agencies in the framework of public calls, and are financed from the program 467B "Investigation, Development and Experimentation in Transport and Transport".

Four. In 2009 the Minister of Industry, Tourism and Commerce is responsible for authorizing in the budget of his department the credit transfers that affect the transfers of capital between subsectors, when these are the result of the granting of aid to public agencies in the framework of public calls and are financed from the 467G programs "Investigation and Development of the Information Society" and 467I "Technological innovation of communications".

Five. The Minister of Economy and Finance has the following specific competencies in budgetary modifications for the year 2009:

1. Authorize credit transfers from Section 18 "Ministry of Education, Social Policy and Sport" to Section 21 "Ministry of Science and Innovation" for the amount of remnants that may result in the concepts 483.05, 485.00 and 485.01 of the Program 323M "Studies and student aids", Service 06 "General Directorate of Territorial Cooperation", of Section 18, after completion of the payment of the academic year 2009.

These remnants will cause high in the corresponding concepts of the same program of the Service 04 "General Directorate of Universities" of Section 21 and will increase funding for the convocation of scholarships and grants to university students and universities of the course 2009/2010 which is to be carried out by the Ministry of Science and Innovation.

In the event that the credits provided in Section 18 to complete the payment of scholarships and university aids of the 2008/09 course call are insufficient, credit transfers will be authorized for the amount appropriate from Section 21 "Ministry of Science and Innovation" to Section 18 "Ministry of Education, Social Policy and Sports", with low and high in the concepts and services mentioned above, in order to adjust the actual cost of the 2008/09 course.

2. Authorize transfers that are necessary from credit 32.18.941O.750 "For the holding of conventions with the Autonomous Communities of Catalonia and Illes Balears in compliance with the provisions of their respective Regulations of Autonomy in the field of investments", to provide the necessary credits in the relevant ministerial departments on the basis of the matter, once the agreements have been concluded.

Six. The Minister of Science and Innovation has the following specific competencies in budgetary modifications for the year 2009:

1. Authorize generations of credit in applications 21.05.463B.740, 21.05.463B.750, 21.05.463B.760, 21.05.463B.770 and 21.05.463B.780 for the income resulting from the return of reimbursable aids provided for in the additional trigest third provision of this Reimbursable Aids Act for the purpose of scientific research and technological development.

2. Authorize in the budget of your department the credit transfers that affect the current and capital transfers between subsectors, when these are the result of the granting of aid to public agencies in the framework of public calls and are financed from research programs 463B "Foment and coordination of scientific and technical research" and 467C "Investigation and technological-industrial development".

Seven. The Minister of Health and Consumption is entitled to authorize the generations of credit provided for in article 53.2.b of Law 47/2003 of 26 November, as a result of the income referred to in the second additional measure of the consolidated text of the General Law on Social Security, approved by Royal Legislative Decree 1/1994 of 20 June.

In order to reflect the impact of the National Health Management Institute ' s expenditure budget on the transfer of the State to Social Security by the generation of credit resulting from the effective collection of income referred to in the second half of the consolidated text of the General Social Security Act, the Minister of Health and Consumer Affairs may authorize the necessary credit extensions in the budget for the expenditure of the entity.

In any event, once the budgetary changes referred to in the preceding paragraph are authorized, they shall be forwarded to the Ministry of Economy and Finance, General Budget Directorate, for their knowledge.

Eight. Of all transfers referred to in this article, information will be sent quarterly to the Budget Commissions of the Congress of Deputies and the Senate, identifying the items affected, their amount and purpose.

Article 11. Of budgetary constraints.

One. Limitation on the transfer of credit from capital to current operations, referred to in section 52.1.a of Law 47/2003 of 26 November, Budget General, shall not apply to the following transfers:

(a) Those that are necessary to meet obligations of any order motivated by sinisters, catastrophes or others of recognized urgency declared by rules of law.

(b) Those necessary to distribute the provisions of the National Fund for the Development of Scientific and Technical Research or the Strategic Fund for Scientific and Technological Infrastructure.

(c) Those resulting from the budget of the Management of Infrastructure and Defence Equipment to enable the entry into the State of funds to meet the operational needs of the Armed Forces.

Two. The limitations contained in section 52.1.b) of Law 47/2003 of 26 November, the Budgeting General, shall not apply when the transfers shall be made in use of the authorization contained in paragraphs 2, 3 and 4 of Article 10.One of this Law.

Three. With the exclusive effect of 2009, the generations of credit that increase in credits for performance incentives and whose authorization is not the responsibility of the Minister of Economy and Finance will require a favourable report from the Department.

Four. The limitations contained in Articles 50 of Law 47/2003 of 26 November, Budget General, and 16 of the Republished Text of the General Law on Budget Stability, according to the wording given by Royal Legislative Decree 2/2007 of 28 December, regarding the financing of the credit extensions contained in the budget period 15.19,923O,351. Such credit extensions may be financed from the income derived from the aval commissions or, where appropriate, from the Public Debt.

Five. The Government will report on a quarterly basis to the Budget Commissions of the Congress and the Senate the implementation operations of the State Budget and Social Security carried out in that period of time, in order to inform compliance with the provisions of this article.

Article 12. From extensions and credit incorporations.

One. For the purposes of article 54 of Law 47/2003 of 26 November, the Budgeting General, the provisions relating to Annex II to this Law shall be extended.

Two. For the purposes of article 58 (a) of Law 47/2003 of 26 November, the Budgeting General, may be incorporated into the provisions of the year 2009 the remnants contained in Annex VII of this Law.

Article 13. Credits.

With exclusive validity for the year 2009 it may apply to the current year's credits incurred in previous years, in accordance with the legal order, for which credit is annulled in the exercise of origin without the application of the procedure of imputation established in article 34.3 of Law 47/2003 of 26 November, General Budget.

Provisions of this budget may also be made for outstanding obligations of prior periods, in cases where a specific provision is made to cover such obligations, irrespective of the existence of annulled credit balance in the period of origin.

Article 14. Modifications of credit for rescheduling co-financed actions with the European Union.

The following changes in credit may be effected exclusively for 2009 and to reflect the rescheduling of co-financed actions with the European Union:

1. Transfers of credit between different budget sections, not being applicable in this case the limitation set out in section 52.1.b) of Law 47/2003 of 26 November, Budget General.

2. If the rescheduling of proceedings affects the budget of an agency or entity of the State public sector that does not receive State funding, income and expenditure reductions will be made in that budget, as appropriate, in accordance with the said rescheduling.

3. The authorization of the above modifications shall be vested in the Minister of Economy and Finance.

Article 15. Authorization to acquire spending commitments from future periods.

The Departments and Agencies that relate to Annex IX of this Law are authorized to acquire spending commitments from future periods in the terms contained therein.

CHAPTER III

Social Security

Article 16. Social Security.

One. The financing of health care, through the Budget of the National Institute of Health Management, will be made with two finalist contributions of the State, one for current operations, for an amount of 209,406,99 thousand euros, and another for capital operations, for an amount of 26,085,47 thousand euros, and with any other income affected to that entity, for an estimated amount of 447,46 thousand euros.

Two. The State contributes to the social security system 2,406,350 thousand euros to finance the minimum pension supplements of that system.

Three. The Budget of the Institute of Majorities and Social Services will be financed in the year 2009 with contributions from the State for current operations in the amount of 3,414,83 thousand euros and for capital operations in the amount of 36,690,46 thousand euros, as well as for any other income affected to the services provided by the Entity, for an estimated amount of 57,860,19 thousand euros.

Four. The non-contributory health care of the Marine Social Institute is funded by a finalist contribution from the state of 51.402.15 thousand euros. In addition, the social services of the Institute will be financed through a current transfer of 23,018,44 thousand euros and a transfer of 3,055 thousand euros to capital operations.

PART II

Budget management

CHAPTER I

Management of educational budgets

Article 17. Economic module for the distribution of public funds to support concerted centres.

One. According to the second and third sections of article 117 and the seventh additional provision of the Organic Law 2/2006, of 3 May, on Education, the amount of the economic module per school unit, for the purpose of distributing the total amount of public funds for the support of the centres established for the year 2009 is set out in Annex IV of this Law.

In order to comply with article 116.1 in relation to the 15.2 of Organic Law 2/2006, of 3 May, of Education, the units that are included in the teachings of Child Education shall be financed in accordance with the economic modules set out in Annex IV to this Law.

The Middle Grade and Higher Grade Training Cycles shall be financed according to the economic modules set out in Annex IV to this Law. Under the other costs of those concerted vocational training units which are authorized for a ratio of less than 30 pupils per school unit, a reduction coefficient of 0.015 per less authorized pupil shall be applied.

The financing of the Training in Work Centres (FCT) for mid- and higher-level training cycles, in terms of the participation of companies in the development of the practices of students, will be carried out in terms similar to those established for public centres.

The concerted units of Initial Vocational Qualification Programs or, where appropriate, Social Guarantee Programs shall be financed in accordance with the economic module established in Annex IV of this Law, although the concerts of the Initial Vocational Qualification Programs shall be unique.

Furthermore, the concerted units in which the Bachelor's teachings are provided will be funded in accordance with the economic module set out in annex IV to this Law.

The Autonomous Communities in full exercise of educational competences may adapt the modules set out in the Annex to the requirements arising from the curriculum established by each of the teachings, provided that this does not imply a decrease in the amounts of such modules in any of the quantities in which they are differentiated, set out in this Law.

The remuneration of the teaching staff shall be effective from 1 January 2009, without prejudice to the date on which the respective Collective Agreements of Private Education Companies are signed, held in full or in part with public funds, applicable at each level of education in the specified centres, and the Administration may accept payments on account, upon express and concurring request of all employers ' organizations and consult with the trade union negotiators of the aforementioned Collective Agreements, until the time of the signature of 2009. The component of the module for “Other Expenses” will take effect from 1 January 2009.

The amounts indicated for teachers ' salaries, including social charges, shall be paid directly by the Administration, without prejudice to the employment relationship between the teacher and the holder of the respective centre. The distribution of the amounts that make up the « Variables Cats» will be carried out in accordance with the provisions governing the concert regime.

The amount of “Other expenses” will be paid on a monthly basis, with the centres justifying their implementation at the end of the corresponding financial period jointly for all the concerted teachings of the centre. In the middle- and upper-grade training cycles of 1,300 or 1,400 hours, the educational administrations may establish the payment of the other expenses of the second course, set out in the module provided for in Annex IV, in conjunction with that for the first course; without any such an increase in the resulting overall level.

Two. Teachers who have arranged units in all courses of compulsory secondary education shall be provided with the financing of the educational counselling services referred to in article 22.3 of Organic Law 2/2006 of 3 May of Education. This endowment will be made on the basis of calculating the equivalent of a full-time professional suitable for these functions, for every 25 concerted units of Compulsory Secondary Education. Therefore, the arranged centres shall have the right to the corresponding day of the said professional, depending on the number of units of compulsory secondary education that are arranged. In the area of their competencies and in accordance with their budget availability, the educational administrations will be able to increase the funding of educational counselling services.

Three. In the field of their competences, the educational administrations will be able to establish the concerted teacher/unity relations, suitable for the teaching plan in force at each level of the concert, calculated on the basis of teaching sessions with twenty-five hours of teaching.

The Administration will not assume retributive increases, time reductions, or any other circumstance that will lead to overcoming the provisions of the economic modules of Annex IV.

In addition, the Administration will not assume the retributive increases, set out in the Collective Agreement, which amount to a higher percentage than the increase established for the teachers of public education at different levels of education unless, in order to achieve the gradual equalization referred to in article 117.4 of Organic Law 2/2006 of 3 May, of Education, its express recognition by the Administration and the consequent appropriation.

Four. The educational administrations may, within their competences, increase the teacher/unity relations of the arranged centers, depending on the total number of teachers affected by the relocation measures that have been taken until the entry into force of this Law and are currently included in the delegate payroll, as well as the progressive empowerment of the teaching teams.

All of this, without prejudice to the modifications of units that occur in the arranged centers, as a result of the regulations in force regarding educational concerts.

Five. These centres shall be provided with economic and professional compensation for the exercise of the managerial function referred to in article 117.3 of the Organic Law 2/2006 of 3 May on Education.

Six. The maximum amount to be received from students in the form of supplementary funding to that of public funds allocated to the special concerts regime, signed for non-mandatory level teachings, and in the exclusive concept of regulated education, are the following:

(a) Higher-grade training cycles: Euro18.03/month for 10 months, for the period from 1 January to 31 December 2009.

(b) Baccalaureate: 18.03 Euros/months for 10 months, for the period from 1 January to 31 December 2009.

The funding obtained by the centres, as a result of the collection of students of these amounts, will be complementary to that paid directly by the Administration for the financing of the “Other expenses”.

The centres that were authorized in 2008 to receive assessed contributions above those indicated may maintain them for the year 2009.

The amount paid by the Administration may not be less than the amount resulting from a decrease of Euro3,606,08 the amount corresponding to the component of “Other expenses” of the economic modules established in Annex IV of this Law, and the competent educational administrations may establish the necessary regulation in this respect.

Seven. Financing of concerted education in the cities of Ceuta and Melilla. In order to advance in the process of gradual equating referred to in article 117.4 of the Organic Law 2/2006, of 3 May, of Education; to equip the centers of the management teams in the terms set out in article 117.3 of the aforementioned Law and to proceed to the increase in the funding of the educational guidance services referred to in article 22.3 of the same Law, on the basis of the calculation of the equivalent of the territorial

Article 18. Authorization of staff costs of the National University of Distance Education (UNED).

Under the provisions of the first additional provision of the Organic Law 6/2001 of 21 December, of Universities, the costs of teaching staff (worker and contract) and of administration and services staff (staff and fixed labour) of the National University of Distance Education (UNED) for 2009 and for the amounts set out in annex VI to this Law are authorized.

CHAPTER II

Health and Social Services Budget Management

Article 19. Specific competencies in budgetary modifications of the National Institute of Health Management and the Institute of Majorities and Social Services.

The Minister of Economy and Finance is responsible for authorizing the following budgetary changes in the budgets of the National Institute of Health Management and the Institute of Majorities and Social Services:

1. Transfers of credit affecting staff costs or other budgetary credits listed in section 44 (2) of the General Budget Act.

2. Incorporations of remnants regulated in article 58 of the General Budget Law.

Article 20. Application of treasury remnants in the Budget of the Instituto de Mayores y Servicios Sociales.

Remaining of treasury, in favour of the Institute of Majorities and Social Services, existing in the General Treasury of Social Security as at 31 December of each year, may be used to finance the Cost Budget of the Institute of Majorities and Social Services. They may also be used to finance possible modifications in the following year.

CHAPTER III

Other budgetary management standards

Article 21. State Tax Administration Agency.

One. The percentage of participation in gross collection obtained in 2009 resulting from liquidation and collection management or other administrative acts agreed or dictated by the State Tax Administration Agency will be 5 per 100, with a maximum of 175,000 thousand euros.

Two. For the purposes of section 103, paragraph 4, of Law 31/1990 of 27 December, the variation in resources of the State Tax Administration Agency derived from the said participation, shall be implemented through a generation of credit that shall be authorized by the Minister of Economy and Finance, the amount of which shall be the result of the application, to the maximum indicated, of the percentage indicated at the previous point.

PART III

Staff costs

CHAPTER I

Increase in staff costs to public service

Article 22. Bases and coordination of overall planning of economic activity on staff costs in the service of the public sector.

One. For the purposes of this article, they constitute the public sector:

(a) The General Administration of the State, its autonomous agencies and State agencies and the Universities of its competence.

(b) The administrations of the Autonomous Communities, the agencies of them dependent and the Universities of their competence.

(c) The local bodies and agencies are dependent on them, in accordance with articles 126.1 and 4 and 153.3 of the Royal Legislative Decree 781/1986 of 18 April.

(d) Social Security management entities and common services.

(e) The constitutional bodies of the State, without prejudice to the provisions of article 72.1 of the Constitution.

(f) Banco de España.

(g) Public trading companies that receive contributions of any kind from public budgets or from the budgets of the entities or companies that belong to the public sector to cover exploitation deficits.

(h) Public business entities and the rest of the public bodies and entities of the state, regional and local public sector.

Two. With the effect of 1 January 2009, the staff retributions to the service of the public sector included, where appropriate, the deferred and those in respect of extraordinary pays corresponded to the application of article 21.Tres of Law 42/2006 of 29 December, of General Budgets of the State for 2007, in the terms of section 22, paragraph 2, of Law 51/2007, of 26 December, of General Budgets of the State for 2008, may not experience an increase of the same

Three. In addition to the provisions of paragraph 2 of this same article, the salary mass of active service officials to which the retributive regime of Act No. 30/1984 of 2 August applies, of Measures for the Reform of the Public Service, in the terms of the Final Provision of Act No. 7/2007 of 12 April, of the Basic Statute of the Public Employee or in the respective laws of public service that are issued as a result,

In addition, the salary mass of labour personnel will experience the increase necessary to make possible the application of an annual amount equivalent to that of public officials, in accordance with the provisions of the preceding paragraph of this section.

These retributive increases will be applied outside of the retributive improvements achieved in the covenants or agreements previously signed by the different Public Administrations within the framework of their competences.

Four. In addition to the general increase in remuneration provided for in the preceding sections, the administrations, entities and societies referred to in paragraph One of this article may allocate up to 0.5 per cent of the wage mass to finance contributions to employment pension schemes or collective insurance contracts that include the coverage of retirement contingency, for staff included in their respective areas, in accordance with the second final provision of the Consolidated Regulations and Rules.

The individual allocation of contributions to the staff member and statutory staff shall be determined in relation to the group or sub-group of classification to which they belong and with their age, in accordance with the provisions of each pension scheme or insurance contract.

The individual allocation of contributions to the workforce shall be determined in a manner that is equivalent to that of the staff member, in accordance with the provisions of each pension scheme or insurance contract.

Amounts to finance contributions to pension schemes or insurance contracts, as provided for in this section, shall for all purposes be considered to be deferred.

Five. For the calculation of the limits referred to in subparagraphs Three and Four of this article, for the staff member shall apply the percentage on the expenditure corresponding to the whole of the basic and complementary remunerations accrued by such staff; and for the staff subject to labour legislation the percentage shall apply to the salary mass defined in Article 25.One of this Law, without computing for this purpose the expenses of social action, except in the case of the increase provided for in the same section.

For the purposes of the preceding paragraph, compensation for residence and compensation for destination abroad shall not be computed.

Six. The remuneration to be received in 2009 by the staff members to whom article 76 of the Basic Statute of the Public Employee is applicable in the area of application of Law 30/1984 of 2 August, in the terms of the Fourth Final Provision of the aforementioned Basic Statute, in terms of salary and trienniums corresponding to the Group or Subgroup in which the Body or Scale to which the staff member belongs, shall be classified as follows:

Seven. For the purposes of the preceding paragraph, the remunerations to be received by public officials that until the State Budget Act for the year 2007 have been referred to the qualification groups provided for in article 25 of Law 30/1984 of 2 August of Measures for the Reform of the Public Function, are referred to the groups and subgroups of professional classification established in article 76 and transitional provision 3 of the Public Service Act. The equivalences between the two classification systems are as follows:

Group A Law 30/1984: Subgroup A1 Law 7/2007.

Group B Law 30/1984: Subgroup A2 Law 7/2007.

Group C Law 30/1984: Subgroup C1 Law 7/2007.

Group D Law 30/1984: Subgroup C2 Law 7/2007.

Group E Law 30/1984: Professional groups Law 7/2007.

Eight. The provisions of the above paragraphs should be understood without prejudice to the retributive adequacies that, in a singular and exceptional nature, are indispensable for the content of the jobs, for the variation of the number of troops assigned to each programme or for the degree of attainment of the objectives set therein, always with strict compliance with the provisions of the current regulations.

Nine. Agreements, agreements or covenants that involve retributive growths higher than those set out in this article or in the rules that develop it should experience the appropriate adequacy, and if not the clauses that oppose it should be inapplicable.

Ten. The provisions of subsections Two, Three, Four, Five, Eight and Nine of this article shall apply to public sector foundation staff.

Eleven. This article is of a basic nature and is governed by articles 149.1.13.a and 156.1 of the Constitution. The Budget Laws of the Autonomous Communities and the Budgets of the Local Corporations for the year 2009 shall reflect the criteria set out in this article.

Article 23. Public Employment Offer or other similar management tool for the provision of staff needs.

One. During 2009, the total number of new places for public sector staff as defined in the previous article will be, to a maximum of 30 per 100 of the troop replacement rate and will focus on sectors, functions and professional categories that are deemed to be priority or affecting the functioning of essential public services and, in particular, on the development of Law 39/2006 of 14 December, on the promotion of personal autonomy and care for persons. Within this limit, the offer of public employment shall include the posts and positions performed by interim staff, recruited or appointed in the prior period referred to in article 10, paragraph 1 (a), of Law 7/2007 of 12 April, of the Basic Statute of the Public Employee, except those on which there is a reserve, or are subject to supply proceedings.

The limitation referred to in the preceding paragraph shall not apply:

(a) The staff of the Administration of Justice, for which the number of places will be determined in accordance with the provisions of Law 38/1988 of 28 December, Demarcation and Judicial Plant.

(b) To the public administrations with educational competences for the development of the Organic Law 2/2006, of 3 May, of Education, in relation to the determination of the number of places for access to the bodies of teachers.

(c) Public administrations with health skills in relation to the coverage of the corresponding places in the hospitals and health centers of the National Health System.

(d) The staff of the public administrations entrusted with the functions of monitoring and monitoring compliance with the regulations in the social order, the management of active employment policies and unemployment benefits.

(e) Prison institutions.

Notwithstanding the provisions of paragraph 1 of this section, within the scope of the Armed Forces, the number of professional military positions in Tropa and Marineria will be necessary to reach the troops set out in the fourteenth additional provision, applying a limit of sixty-five per cent of the troop replacement rate to the coverage of positions of officers and non-official officers.

With regard to the coverage of air safety positions, State Security Forces and Corps, for those Autonomous Communities that must deploy the Autonomous Police in their territory and, in the area of the Local Administration, for the local police personnel, personnel of the fire prevention and extinction services and municipalities with a population of less than 50,000, the maximum limit shall be the one hundred replacements.

Two. In 2009, the recruitment of temporary staff shall not be carried out, nor the appointment of temporary staff members under section 10.1 of Act No. 7/2007, within the scope of paragraph One of the preceding article, except in exceptional cases and to meet urgent and impassable needs. In any case, the positions for appointments referred to in section 10.1.a) of Law 7/2007 and recruitments of interim staff per vacancy shall be computed for the purpose of meeting the maximum limit of the rate of replacement of troops in the public employment offer for the same year in which they occur and, if not possible, in the following public employment offer, unless their amortization is decided.

Three. The Government, with the limit set out in paragraph One of this article, may authorize, through the offer of public employment, following a favorable report of the Ministry of Economy and Finance, on the proposal of the Ministry of Public Administration and at the initiative of the Departments or Public Agencies competent in the field, the call for vacant positions of new income that refer to the personnel of the Civil Administration of the State, its autonomous agencies and State agencies, civil personnel of the Military Administration,

The recruitment of temporary labour personnel and the appointment of temporary staff, under the conditions set out in paragraph 2 of this article, shall require the prior joint authorization of the Ministries of Public Administrations and the Economy and Finance.

These Departments may also authorize the corresponding calls for posts or vacant positions of public business entities, agencies and public bodies not mentioned above, respecting the rate of replacement of troops established on a general basis.

Four. Recruitment of fixed or temporary staff abroad under local law or, where appropriate, Spanish legislation, in the area referred to in paragraph Three of this article, shall require the prior joint authorization of the Ministries of Public Administrations and of Economy and Finance.

Five. Paragraphs One and Two of this article are of a basic nature and are issued under articles 149.1.13a and 156.1 of the Constitution. The Budget Laws of the Autonomous Communities and the Budgets of the Local Corporations for the year 2009 will reflect the criteria set out in those sections.

CHAPTER II

Retributive regimes

Article 24. State public sector personnel subject to administrative and statutory regimes.

One. With the effect of 1 January 2009, the amounts of the components of the remuneration of State public sector personnel subject to administrative and statutory regimes, without prejudice to what is set out in the following articles in relation to certain positions, positions and groups, will be derived from the application of the following rules:

(a) The basic retributions of such staff, as well as the fixed and periodic supplements assigned to the places of work performed, will experience a 2 per cent increase over those established for the period 2008, without prejudice to the provisions of article 22, paragraph 3, of this Law and, where appropriate, to the adequacy of the supplementary retributions when necessary to ensure that those assigned to each job are of particular relevance.

Extraordinary payments of staff included in the scope of this article and to be paid in the months of June and December shall be of a monthly salary, trienniums, if any, and of the supplement of destination or concept or amount equivalent according to the retributive regime of the groups to which this article is applicable.

(b) The remaining supplementary remunerations will also have a growth of 2 per cent over those established for the 2008 period, without prejudice to the changes resulting from the variation in the number of troops assigned to each programme, the degree of achievement of the objectives set for the programme and the individual result of its implementation.

(c) Personal and transitory supplements and other compensations of similar nature, as well as compensation for the reason of the service, shall be governed by their specific regulations and by the provisions of this Law, without the increase of 2 per cent provided for in the same.

(d) By 2009, the amounts of the individual contribution to the State General Administration pension scheme for staff members shall be as follows by groups and/or sub-title groups:

The amount of the individual contribution for the trienniums of staff for 2009 will be Euro6.33 per triennium.

Two. The provisions of this Law shall also apply to the remunerations set in euros that would correspond in the national territory to the officials assigned abroad, without prejudice to the successive application of the modules that proceed under the current regulations.

Three. The basic retributions of the staff member who provides services in the State Society Posts and Telegraphs, Anonymous Society, will experience a 2 per cent growth compared to those established for the year 2008, without prejudice to the application to this group of the provisions of the second paragraph of paragraph One.a of this article.

The supplementary remuneration of these officials will experience, as a whole, an increase of 2 per cent in respect of those established for the 2008 period, without prejudice to the provisions of Article 22.Tres of this Law and the appropriateness necessary to adapt them to the specific requirements and contents of the State Society ' s jobs and the degree of attainment of their objectives.

The provisions of the above paragraphs should be understood in terms of homogeneity for the two periods of comparison, both in terms of personnel and the length of the comparison.

Article 25. State public sector workers.

One. For the purposes of this Act, the wage-massing of wage and extra-salary remunerations and social action expenses accrued during 2008 by the State public sector workforce, with the limit of the amounts informed by the Ministry of Economy and Finance for the budget period, except in any case:

(a) Social Security benefits and compensation.

(b) Contributions to the social security system by the employer.

(c) Compensation for transfers, suspensions or dismissals.

(d) Compensation or compensation for expenses incurred by the worker.

With the effect of 1 January 2009 the salary mass of State public sector workers may not experience a global growth of more than 2 per cent compared to that established for the 2008 period, including that of all concepts, without prejudice to the provisions of the second paragraph of paragraph Three and the third paragraph of Article 22 (4) of this Law, and of what may arise from the attainment of the objectives assigned to each ministerial department or public agency by the increase in the classification of work.

Variations of the gross wage mass shall be calculated in terms of homogeneity for the two periods of comparison, both in terms of personnel and seniority of the same, and in terms of the custodial work, working hours, overtime and other working conditions, separately computing the amounts corresponding to variations in such concepts.

What is envisaged in the preceding paragraphs represents the maximum limit of the wage mass, the individual distribution and application of which will occur through collective bargaining. The authorization of the wage mass will be a precondition for the commencement of the negotiations on collective agreements or agreements that take place in 2009, and from it, the full compensation of the labour personnel derived from the corresponding agreement and all those that are agreed throughout the year shall be met.

Two. During the first quarter of 2009, the Ministry of Economy and Finance will authorize the wage mass of ministerial departments, agencies, state agencies, public business entities and other public bodies. The authorized wage mass shall be taken into account in order to determine, in terms of homogeneity, the provisions for the remuneration of the workers concerned.

Three. By 2009 the amounts of the individual contribution to the State General Administration pension scheme for the workforce referred to in this article shall be those established for the staff member. For workers in the Single Convention for the General Administration of the State, the amounts shall be adjusted to the following equivalence:

For workers not covered by the Single Convention, the equivalence shall be carried out in accordance with the level of qualification required in their collective agreement or employment contract, in line with that established for access to the groups of qualifications of the staff member.

The amount of the individual contribution for the trienniums of labour personnel for the year 2009 will be Euro6.33 per triennium.

Four. In the case of staff not subject to collective agreement, whose retributions are determined in whole or in part by individual contract, they must communicate to the Ministry of Economy and Finance the satisfied and accrued remunerations during 2008.

Five. The awards or supplements of the workforce, which shall be governed by their specific regulations, shall not be able to experience growths greater than those that are generally established for the non-working staff of the State General Administration.

Article 26. Retributions of the High Charges of the Government of the Nation, its Advisory Bodies, the General Administration of the State and other managers.

One. Retributions of the High Charges of the Government of the Nation and its Consultative Bodies in the same terms and amounts as set out in Article 26.One of Law 51/2007 of 26 December on General Budgets of the State for 2008.

Two. Retributions by State Secretaries, Assistant Secretaries, Directors-General and assimilated in the same terms and amounts set out in article 26.Dos of Law 51/2007 of 26 December on General Budgets of the State for 2008.

These High Charges shall receive, the complement of productivity that, in their case and in accordance with the provisions of Article 28.One.E of this Law, shall be assigned to the same by the holder of the Department, within the credits assigned for that purpose, credits that will not experience increase in relation to those assigned in 2008, in homogeneous terms of number and type of High Charges, and without prejudice to the fact that the individual amounts assigned to be the same.

Three. Retributions by the Presidents of the State Agencies and the Presidents and Vice-Presidents of the public business entities and other public entities and, where appropriate, those of the Directors Generals and Directors of the above-mentioned agencies, where appropriate the exercise of executive functions of the highest level, during the year 2009, will continue to be authorized by the Minister of Economy and Finance for 2008.

The retributions of the charges referred to in the previous paragraph to be authorized for the first time in 2009, shall be made by the Minister of Economy and Finance on the proposal of the head of the Department to which they are attached with respect to the criterion set out in that paragraph.

Four. Without prejudice to the provisions of the preceding paragraphs, the age-retribution that may correspond in accordance with the current regulations shall be received in fourteen months. They shall also maintain their respective status and rank in accordance with the applicable regulations.

Five. Retributions by the Permanent Council and the Secretary-General of the Council of State in the same terms and amounts set out in article 26.Cuatro.1, of Law 51/2007, of 26 December, of the General Budgets of the State for 2008 are still in force for 2009.

2. Within the provisions established for this purpose, the President of the Council of State may assign productivity supplement to the Permanent Councillors and Secretary-General of the Council, in accordance with Article 28.Un.E of this Law, credits that will not experience increase in relation to those assigned in 2008, in homogeneous terms of number and type of charges referred to in this Article 26.

3. In addition to the amounts derived from the previous numbers of this paragraph Five, such High Charges shall, where appropriate, receive the remuneration set out in the Agreements approved by the Body in respect of adequacy for the concept of antiquity and, if they have had the precondition of public officials, regardless of their status of activity, retirement or retirement as officials, shall have the right to further refine the trienniums recognized under that requirement in each case.

Article 27. Retributions by members of the General Council of the Judiciary, the Constitutional Court and the Court of Audit.

One. In 2009, the remuneration of the members of the General Council of the Judiciary, the Constitutional Court and the Court of Accounts referred to in article 27, subparagraphs One, two and three respectively, of Law 51/2007 of 26 December, of the General Budgets of the State for 2008, in the same terms and amounts as those set out in that article, without prejudice to those that might correspond to them in the concept of antiquity.

Two. Retributions for the concept of antiquity.

In addition to the amounts derived from the provisions of the preceding subparagraph, such charges shall, where appropriate, be paid the remuneration set out in the Agreements approved by the Body in respect of adequacy for the concept of seniority and if they had had the prior status of public officials, regardless of their status of activity, retirement or retirement as officials, they shall have the right to further refine the trienniums recognized under that condition according to the rules in each applicable case and to the award, in fourteen.

Article 28. Retributions of State officials included in the area of application of Act No. 30/1984 of 2 August on Measures for the Reform of Public Service in the terms of the Final Provision of Act No. 7/2007 of 12 April on the Basic Statute of Public Employee.

One. In accordance with the provisions of articles 22.Seis and 24.One of this Law, the remuneration to be received in 2009 by the officials included in the scope of Law 30/1984 of 2 August, in the terms of the Final Provision of Law 7/2007 of 12 April, of the Basic Statute of the Public Employee, to carry out the following jobs for which the Government has approved the application of the above-mentioned Law.

A) The salary and trienniums corresponding to the Group or Subgroup in which the staff member ' s Corps or Scales are classified, in accordance with the amounts reflected in article 22.

B) Extraordinary payments, which shall be two per year, shall be accrued in accordance with article 33 of Law 33/1987 of 23 December, of General State Budgets for 1988. The amount of each such payment shall be of a monthly salary, trienniums and monthly duty supplement that is perceived.

When staff members had provided a reduced working day during the immediate six months prior to the months of June or December, the amount of the extraordinary pay will experience the corresponding proportional reduction.

C) The duty complement for the level of the post performed, in accordance with the following amounts for twelve month:

In the field of university teaching, the amount of the duty supplement set out in the previous scale may be modified, where appropriate in accordance with the current regulations, without any change in the level of duty complement assigned to the job.

(d) The specific complement that, if any, is assigned to the post that is performed, the annual amount of which, without prejudice to the provisions of Article 24.Uno.a, will generally experience an increase of 2 per cent over the one approved for the year 2008.

In addition, pursuant to article 22, Three, first paragraph, of this Law, the specific annual supplements in 2009 resulting from the previous operation, will experience the linear increments reflected in the following table:

The annual specific supplement resulting from both increases will be received in fourteen equal pays of which twelve will be monthly and two additional, of the same amount as one month, in the months of June and December, respectively.

E) The productivity complement, which will reward the special performance, extraordinary activity and dedication and the interest or initiative with which the jobs are performed.

Each ministerial department shall determine, within the available total credit, the partial amounts allocated to its various organizational, territorial, functional or post-type areas. Likewise, it will determine the criteria for the distribution and fixing of the individual amounts of the productivity supplement, according to the following rules:

1.a The valuation of productivity should be carried out in accordance with objective circumstances related to the type of post and the performance of the post and, where appropriate, with the degree of participation in the achievement of the results or objectives assigned to the programme.

2.a In no case shall the amounts allocated for a productivity supplement for a period of time originate individual rights in respect of the valuations or assessments for successive periods.

F) Extraordinary services gratifications, to be granted by the ministerial departments or public agencies within the provisions allocated for this purpose.

These gratifications will be exceptional and can only be recognized for extraordinary services rendered outside the normal working day without, in any case, being fixed in their amount or periodicals in their invention, or originating individual rights in successive periods.

Two. In accordance with Article 24.Uno.b of this Law, the Ministry of Economy and Finance may modify the amount of the global credits intended to meet the productivity supplement, the gratifications for extraordinary services and other performance incentives, to conform to the number of troops assigned to each programme and to the degree of achievement of the objectives set to it. The ministerial departments, in turn, will give account of the allocation criteria and the individual amounts of such incentives to the Ministries of Economy and Finance and Public Administrations, specifying the criteria of concession applied.

Three. The temporary staff members included in the scope of Law 7/2007 of 12 April of the Basic Statute of the Public Employee shall receive the basic remunerations, including trienniums, corresponding to the group or subgroup in which the Body in which they occupy vacancies is included, and the provisions of Article 28.Uno.B of this Law apply to this group, the supplementary remunerations that correspond to the first job.

Four. Any staff governed by Article 12 of Law 7/2007 of 12 April of the Basic Statute of the Public Employee shall receive the remuneration for salary and extraordinary pays corresponding to the assimilation group in which the Ministry of Public Administrations classifies its functions, being applicable to this group the provisions of Article 28.Uno.B of this Law, the supplementary remunerations that correspond to the position of staff, the first and the second.

Career staff who, in an active or special service situation, hold jobs reserved for contingent personnel shall receive the basic remuneration for their group or sub-group of classification, including trienniums, as appropriate, and the supplementary remuneration corresponding to the job they perform.

Five. The complement of productivity may be assigned, where appropriate, to temporary staff and staff, as well as to staff members in practice, when they perform a job, provided that they are authorized to apply to career staff performing similar jobs, unless such a complement is linked to the status of career staff. Likewise, the provisions of article 24 (d) shall apply to them, in their case, taking into account the provisions of the consolidated text of the Law on the Regulation of Pension Plans and Funds.

Six. Officials in any administrative situation in which, in accordance with the applicable regulations in each case, they have recognized the right to the perception of trienniums shall also receive the amount of the proportional part which, for that purpose, corresponds to extraordinary payments.

Seven. When the appointment of staff members in practices referred to in article 24.1 of the Regulations approved by Royal Decree 364/1995 of 10 March, shall be retained in career officers of another Body or Scale of groups and/or sub-groups of qualifications less than that in which it is intended to enter, during the period of internships or the selective course, these shall continue to perceive the trienniums at each perfected time by acquiring such time, for the purpose of

Article 29. Retributions of Armed Forces personnel.

One. Retributions and other remuneration of the personnel of the Armed Forces whose basic retributions are charged to article 10 of the economic structure of the expenditure of the General Budgets of the State and its public agencies, shall not experience any change in the year 2009 with respect to those established for the year 2008, without prejudice to the antiquity retribution that might correspond to them. They will also receive the special dedication supplement that, if any, is attributed to them by the Department ' s holder, within the credits allocated for that purpose; these receivables shall have no increase over those existing in 2008, in homogeneous terms of number and type of charge.

Two. Without prejudice to the provisions of the preceding paragraph, and in accordance with the provisions of article 24.One of this Law the remunerations to be received in 2009 by the professional military personnel contemplated in Law 39/2007 of 19 November of the military career shall be as follows:

A) The basic remunerations, excluding triennials in cases where the regulations so provide for, which correspond to the group or subgroup of equivalence in which the corresponding employment is classified, in the amount established for State officials included in the scope of the Law 30/1984 of 2 August, of Measures for the Reform of Public Function in the terms of Law 7/2007 of 12 April, of the Public Employee.

The valuation and devention of the trienniums and extraordinary pays shall be carried out in accordance with the specific regulations applicable to this staff and, in addition, with the regulations of the officials included in the scope of the Law, the provisions of Article 24.Uno.a of this Law shall be applied equally to the active staff, the second paragraph, of this Law in relation to the above-mentioned pays, which shall be included a 100 per cent supplement of the payment.

B) The general supplementary remunerations, the singular component of the specific complement and the addition by incorporation, where appropriate, will experience a 2 per cent increase over those established in 2008, without prejudice to the provisions of article 22.Tres and article 24.Uno.a) both of this Law.

C) The supplement of special dedication, including the concept of "continuing attention" referred to in article 13.1 of Royal Decree 1314/2005 of 4 November, and the gratification for extraordinary services, whose amounts will be determined by the Ministry of Defence within the provisions specifically allocated for these purposes.

D) The incentive for years of service, whose amounts and requirements for their perception, will be set by the Minister of Defence, following a favourable report by the Minister of Economy and Finance.

In accordance with article 24.Uno.b) of this Law and the specific regulation of the retributive regime of military personnel, the Minister of Economy and Finance may modify the amount of the provisions for special dedication and gratification for extraordinary services, to conform to the number of troops assigned to each programme and to the degree of attainment of the objectives set to it.

In no case shall the amounts allocated for special dedication supplement or for gratification for extraordinary services originate individual rights in respect of valuations or appreciation for successive periods.

Three. When the Ministry of Defence has signed concerts with the Universities for the use of the Health Institutions of the Department according to the bases established for the regime of the same in the Royal Decree 1652/1991 of 11 October, the medical and health personnel who occupy jobs in those centers with the condition of linked places will receive, in addition to the basic remunerations that correspond to them, in the concept of complementary remunerations, the supplements of destination, specific and of 6.

In addition to the military status, such personnel may also receive assistance for costumes and rewards, the amount of the special dedication supplement for continuous care, as set out in subparagraph (c) of the previous number, as well as the family benefits referred to in article 13.1 of the Staff Retributions Regulations of the Armed Forces, approved by Royal Decree 1314/2005 of 4 November, all of this without prejudice to the performance of the

Four. The members of the Armed Forces who occupy jobs included in the employment relations of the Ministry or its autonomous agencies shall receive the basic remunerations corresponding to their military employment, in accordance with the amount set out in the number Two of this article, and the supplementary ones assigned to the post they perform, in accordance with the amounts set out in this Law for the officials of the State included in the scope of the Act 30/1984

Five. In addition, the staff referred to in this article shall be applied in accordance with article 24 (d). One, if any, taking into account the provisions of the consolidated text of the Law on the Regulation of Pension Plans and Funds.

The provisions of this article must be understood without prejudice to the specific regulation that for certain concepts and personnel of the Armed Forces is set out in the current regulations.

Article 30. Retributions of the Civil Guard Corps personnel.

One. Retributions and other compensations of the Civil Guard Corps staff whose basic remunerations are imposed on article 10 of the economic structure of the expenditure of the State Budgets and their public agencies, will not experience any change in the year 2009 with respect to those established for the year 2008, without prejudice to the antiquity retribution that might correspond to them. They will also receive the special dedication supplement that, if any, is attributed to them by the Department ' s holder, within the credits allocated for that purpose; these receivables shall have no increase over those existing in 2008, in homogeneous terms of number and type of charge.

Two. According to article 24. One of this Law, the remuneration to be received in 2009 by the staff of the Civil Guard Corps, not included in the preceding section, shall be as follows:

A) The basic remunerations corresponding to the Group or Subgroup of equivalence in which the corresponding employment is classified, in the amount established for State officials within the scope of Law 30/1984 of 2 August, of Measures for the Reform of Public Function, in the terms of the Final Provision of Law 7/2007 of 12 April, of the Basic Statute of Public Employees.

The valuation and devention of the trienniums and extraordinary pays shall be carried out in accordance with the regulations applicable to this staff and, in addition, with the regulations of the public officials included in the scope of the amount referred to in Law 30/1984, being equally applicable to the staff in active service the provisions of the second paragraph of Article 24.Uno.a) of this Law in relation to the above-mentioned pays, for which the same shall be included.

B) The supplementary fixed and periodical remunerations, which will experience a 2 per cent increase over those established in 2008, without prejudice, if any, to the provisions of articles 22.Tres and 24.Uno.a of this Law.

The amount of the productivity supplement and the gratifications for extraordinary services shall be governed by the rules established for State officials included in the scope of article 28 of this Act.

Three. In addition, the staff referred to in this article shall be applied in accordance with article 24 (d). One, if any, taking into account the provisions of the consolidated text of the Law on the Regulation of Pension Plans and Funds.

Article 31. Retributions of the National Police Corps personnel.

One. The remuneration and other remuneration of the staff of the National Police Corps whose basic retributions are imposed on article 10 of the economic structure of the expenditure of the General Budgets of the State and its public agencies shall not be subject to any change in the year 2009 with respect to those established for the year 2008, without prejudice to the age-retribution that might correspond to them. They will also receive the special dedication supplement that, if any, is attributed to them by the Department ' s holder, within the credits allocated for that purpose; these receivables shall have no increase over those existing in 2008, in homogeneous terms of number and type of charge.

Two. In accordance with article 24. One of this Act, the remuneration to be received in 2009 by the officers of the National Police Corps, not included in the preceding section, shall be as follows:

A) The basic remunerations that correspond to the Group or Subgroup of equivalence in which the corresponding category is classified, for economic purposes, in the amount established for officials included in the scope of Law 30/1984 of 2 August, of Measures for the Reform of Public Function in the terms of the fourth final provision of Law 7/2007 of 12 April, of the Basic Statute of Public Employees.

The valuation and devention of the trienniums and extraordinary pays shall be carried out in accordance with the regulations applicable to this staff and, in addition, with the regulations of the officials included in the scope of the amount referred to in Law 30/1984, being equally applicable to the staff in active service the provisions of the second paragraph of Article 24.Uno.a) of this Law in relation to the above-mentioned extraordinary pays for the same.

B) The supplementary fixed and periodical remunerations, which will experience a 2 per cent increase over those established in 2008, without prejudice, if any, to the provisions of articles 22.Tres and 24.Uno.a of this Law.

The amount of the productivity supplement and bonuses for extraordinary services shall be governed by the rules established for State officials included in article 28 of this Act.

Three. The provisions of article 24(d) shall also be applied to them, in their case, taking into account the provisions of the consolidated text of the Law on the Regulation of Pension Plans and Funds.

Article 32. Retributions of the members of the Judicial and Public Prosecution Service, the members of the Judicial Secretaries Corps and the staff at the service of the Administration of Justice.

One. According to article 24. One of this Law, the remuneration to be received by members of the judicial and fiscal careers in 2009 shall be as follows:

1. The salary, referred to in Annexes I and IV, respectively, of Law 15/2003 of 26 May, regulating the retributive regime of judicial and fiscal careers, is established by 2009, in the following amounts referred to twelve monthlyities:

2. Retribution by antiquity or trienniums, if any, corresponding.

3. Extraordinary payments, which shall be accrued in accordance with the regulations applicable to officials included in the scope of Law 30/1984 of 2 August, in the terms of the final provision 4 of Law 7/2007 of 12 April, of the Basic Statute of the Public Employee, shall be two per year for an amount, each of them, of a monthly salary, antiquity or trienniums, according to the case, and the X.

Within the amount of the above-mentioned annex X are included, updated with the general projected retributive increase, the amounts to be paid in respect of extraordinary payments recognized in Law 51/2007 of 26 December, of General State Budgets for 2008 for this staff, as well as the amount derived from the application of Article 22.Tres of this Law.

4. (a) The complement of destination to be perceived in 2009 is that detailed in Annex XI of this Law.

4. (b) The remaining supplementary rewards, except for those included in the extraordinary pays, according to the second paragraph of point 3 of this same section, and the variable and special remuneration of members of the judicial and fiscal careers will experience a 2 per cent increase over those in 2008.

The total credit for the objective variable remuneration of the members of the judicial and fiscal careers noted in Chapter III of Title I and Title II of Law 15/2003 may not exceed 5 per cent of the overall amount of the remuneration of members of the judicial and fiscal careers, respectively.

4. (c) In addition, the staff referred to in this section shall be applied in the words (d) of article 24.One, of this Law, in accordance with the qualification for the different careers.

5. The Prosecutors who, pursuant to Act No. 24/2007 of 9 October, amending Act No. 50/1981 of 30 December, regulating the Professional Statute of the Public Prosecutor ' s Office, shall be appointed Chief Prosecutors of a Area Prosecutor ' s Office established where there is a section of the Provincial Court at headquarters other than the provincial capital, shall receive the supplement of destination for the population group criterion for the Provincial Prosecutors ' s Office.

The Chief Prosecutors and Deputy Prosecutors of the Provincial Prosecutor ' s Office shall receive the supplementary and extraordinary retributions that would have been paid to the Chief Prosecutors and Lieutenant Prosecutors of Provincial Court, respectively.

The Lieutenant Prosecutor of the Technical Secretariat of the Attorney-General ' s Office shall receive the supplementary and extraordinary compensations of the Lieutenant Prosecutor Inspector of the Attorney-General ' s Office.

6. The provisions of this section are without prejudice to the provisions of article 9.2 of the Law 15/2003.

Two. In accordance with article 24. One of this Act, the remuneration to be received by members of the Judicial and Corps Corps in 2009 at the service of the Administration of Justice shall be as follows:

1. The salary, according to the detail below, is reflected, and the remuneration for antiquity or trienniums that, if any, correspond to them.

(a) The salary of the members of the Corps of Judicial Secretaries is established for the year 2009 in the following amounts:

(b) The salary of Corps officers in the service of the Administration of Justice, referred to in Book VI of the Organic Law 6/1985 of 1 July, of the Judiciary, according to the wording given by the Organic Law 19/2003 of 23 December, is established for 2009 in the following amounts, referring to twelve monthlyities:

(c) The trienniums completed prior to 1 January 2004 in the Corps at the service of the Administration of Justice declared to be extinct by the Organic Law 19/2003 of 23 December, amending the Organic Law 6/1985 of 1 July, of the Judiciary, are established by 2009 in the following amounts, referring to twelve monthlyities:

The trienniums developed prior to 1 January 1995 by the staff in the Corps of Forensic and Technical Doctors, are established for 2009 at €709,08 per year, which relates to twelve monthlyities.

2. Extraordinary payments, which shall be accrued in accordance with the regulations applicable to officials included in the scope of Law 30/1984 of 2 August, in the terms of the final provision of Law 7/2007 of 12 April, of the Basic Statute of the Public Employee, shall be two per year for an amount, each of them, of a monthly salary, antiquity or trienniums, according to the case, and the application of Article XII.

3. (a) The general post complement for posts attached to the staff of the Judicial Secretaries Corps is established for the year 2009 in the following amounts:

The remaining supplementary, variable and special retributions of these officials will experience an increase of 2 per cent in respect of those in force in 2008, without prejudice, if any, to the provisions of Article 22.Tres, whose application for concept and amount will be determined by the Government, and in Article 24.Uno.a), both of this Law.

3. (b) The general post complement for posts attached to the staff of the Corps at the service of the Administration of Justice, referred to in paragraph 2.1.b) of this same article, is established for the year 2009 in the following amounts:

The remaining supplementary, variable and special allowances of these officials will experience an increase of 2 per cent in respect of those applied on 31 December 2008, without prejudice, if any, to the provisions of Article 22.Tres whose application for concept and amount will be determined by the Government, and in Article 24.Uno.a), both of this Law.

4. In the supplementary remuneration referred to in the preceding paragraphs, the amounts recognized in the Agreements of the Council of Ministers of 26 January 2007 and 22 February 2008 shall be included, respectively, which determine the amounts to be included in the payments of this staff, as referred to in article 31.One.3, of Law 42/2006, of the General Budgets of the State for the year 2007;

In addition, the staff referred to in this section Two shall be applicable to the provisions of article 24(d) of this Law, in accordance with the qualification for the different bodies.

Three. The basic and complementary remuneration for the officials referred to in article 145.1 of the Organic Law 6/1985 of 1 July of the Judiciary, according to the wording given by the Organic Law 19/2003, which will experience a 2 per cent increase in respect of those in force in 31 December 2008, without prejudice, if any, and in respect of the above-mentioned supplementary remunerations, as provided for in this section.

Four. Retributions by the members of the Judiciary and the Public Prosecutor ' s Ministry included in Articles 1 and 2 of Article 32 (4) of Law 51/2007 of 26 December of the General Budgets of the State for 2008, are still in force for 2009, in the same terms and amounts as those set for the same article, paragraphs 1, 2 and 3, without prejudice to what is indicated below in relation to the antiquity or triennium retribution.

The salary and supplementary remuneration of the members of the Judiciary and the Prosecutor ' s Ministry referred to in the preceding paragraph shall be those established in the same paragraph, being excluded, for this purpose, from the scope of application of Law 15/2003 of 26 May, regulating the retributive regime of the judicial and fiscal careers, without prejudice to the right to the perception, in 14 monthlyities, of the remuneration for seniority or trienniums, as appropriate,

On the other hand, the staff referred to in this section shall be subject to the application of article 24 (d). One of this Law, in accordance with the corresponding level of qualification.

Article 33. Retributions of Social Security staff.

One. The remuneration to be received in 2009 by the staff member of the Social Security Administration, already approved with the other staff of the General Administration of the State, shall be set out in article 24 of this Law for State officials included in the scope of the Law 30/1984 of 2 August, in the terms of the final fourth provision of Law 7/2007 of 12 April of the Basic Statute of the Public Employee. The provisions of article 24 (d) shall also apply to them.

Two. The staff included in the scope of the Royal Decree-Law 3/1987, of 11 September, on retributions of the statutory staff of the National Institute of Health, shall receive the basic retributions and the addition of destination in the amounts specified for those monthly concepts in article 28.Uno.A), B) and C) of this Law, without prejudice to the provisions of the second transitional provision, two, of that Royal Decree-

For the purpose of the application, for the aforementioned statutory staff, of the provisions of Article 28.Un.B) of this Law, the amount of the duty supplement corresponding to each of the extraordinary pays shall also be effected in fourteen monthly payments, calculating that amount in one twelfth of the corresponding amounts for levels specified in Article 28.Un.C.).

The amount of the remuneration for the specific and continuous care supplements that, if any, are fixed to the said staff, will experience an increase of 2 per cent in respect of the approved for the period of 2008, without prejudice, if any, to the provisions of articles 22.Tres and 24.Uno.a of this Law, corresponding to the determination of the amounts to the Government.

The individual amount of the productivity supplement shall be determined according to the criteria set out in article 2.tres.c) and the third transitional provision of the Royal Decree-Law 3/1987, and the other rules dictated in its development.

On the other hand, the staff referred to in this same section shall be subject to the application of article 24 (d).

Three. Retributions of the remaining official and statutory staff of Social Security will experience the increase provided for in Article 24.One of this Law. The provisions of article 24(d) shall also be applied to them, in their case, taking into account the provisions of the consolidated text of the Law on the Regulation of Pension Plans and Funds.

CHAPTER III

Other provisions relating to the regime of active staff

Article 34. Prohibition of atypical income.

Public employees within the scope of this Law, except those subject to the tariff regime, shall not be able to receive any participation of taxes, commissions or other income of any kind, which correspond to the Administration or to any public power as contracting of any service or jurisdiction, or participation or award in fines imposed even if they are normatively attributed to them, and shall be entitled only to the remuneration of the corresponding system of compensation.

Article 35. Mutilation Rewards, Crosses, Medals and Pensions.

One. During 2009 the amounts to be paid for the concepts of rewards, crosses, medals, and maiming pensions will experience a 2 percent increase over those recognized in 2008.

Two. The Laureate Cross of San Fernando and the Individual Military Medal will be governed by their special legislation.

Three. The Cross to the Constance and the different categories of the Royal Military Order of San Hermenegildo shall be governed by the provisions of Royal Decree 1189/2000 of 23 June, which approves the Regulations of the Royal Military Order of San Hermenegildo.

Article 36. Other common rules.

One. The administrative staff and the staff of the Local Sanitary Corps, as well as the staff whose retributions in 2008 did not correspond to those established on a general basis in Title III of Law 51/2007, of 26 December, of the General Budgets of the State, and did not apply to them those expressly set out in the same Title of this Law, will continue to perceive, during the year 2009, the same retributions as this one hundred for this year.

Two. In the General Administration of the State, its autonomous agencies and State agencies, in cases of secondment during the year 2009 of a staff member subject to a retributive regime other than that of the post to which he is attached, the staff member shall receive the remuneration corresponding to the job to which he or she performs, subject to the appropriate assimilation of the basic retributions that are jointly authorized by the Ministries of Economy and Finance.

For the purposes only of the assimilation referred to in the preceding paragraph, it may be authorized that the amount of the antiquity retribution be that which may be appropriate in accordance with the staff member ' s retributive regime of origin.

Three. The State Mail and Telegraph Society, the Anonymous Society, and the Public Business Entity of Lotteries and State Betters, may not pay their staff in active service status, for variable remunerations in terms of performance incentives, amounts higher than those that, for this purpose, are allocated in their budget, unless there is a favourable prior report from the Ministry of Economy and Finance.

Four. Referral references contained in this Law are always understood to be made to full remuneration.

Article 37. Requirements for the determination or modification of retributions of labour and non-staff personnel.

One. During the year 2009 there will be a need for a joint favorable report of the Ministries of Economy and Finance and Public Administrations to determine or modify the conditions of the remuneration of the labour and non-official staff at the service of:

(a) The General Administration of the State and its autonomous agencies.

(b) The Managing Entities and Common Social Security Services.

(c) State agencies, in accordance with their specific regulations.

(d) The remaining public business entities and the rest of the public bodies and entities, under the conditions and procedures established by the Inter-Ministerial Retribution Commission, in accordance with the specific characteristics of those organizations.

Two. It shall be understood by determination or modification of retributive conditions of non-staff personnel, the following actions:

(a) Identification of re-creation posts.

(b) Signature of collective agreements signed by the bodies mentioned in paragraph One above, as well as their revisions and accessions or extensions to them.

(c) Implementation of the Single Convention for State Administration and Sectoral Collective Agreements, as well as their revisions and accessions or extensions thereto.

(d) Provision of compensation by individual contract, whether fixed or contracted for a specified period of time, when they are not regulated in whole or in part by collective agreement, except for temporary staff subject to the special employment relationship regulated in article 2, paragraph 1, letter (e), of the Royal Legislative Decree 1/1995 of 24 March, which approves the consolidated text of the Workers ' Statute Act. However, information should be provided on the latter ' s remuneration to the Ministries of Economy and Finance and Public Administrations.

(e) Obtaining any kind of unilateral salary improvements, whether individually or collectively, even if they arise from the extensive application of the retributive regime of public officials.

(f) Identification of remuneration for staff recruited abroad.

Three. The report referred to in paragraph One of this article shall affect all agencies, entities and agencies identified in letters (a), (b), (c) and, for those referred to in subparagraph (d) as determined by the Inter-Ministerial Retribution Commission, and shall be issued by the procedure and with the scope provided for in the following points.

1. The agencies concerned shall refer to the Ministries of Economy and Finance and Public Administrations the corresponding project, prior to their agreement or signature in the case of collective agreements or individual contracts, accompanying the assessment of all their economic aspects.

2. The report, which, in the case of collective agreements projects, will be evacuated within a maximum period of fifteen days from the date of receipt of the project and its valuation, will cover all those ends of which direct or indirect public expenditure consequences arise, both for the year 2009 and for future periods and, in particular, for the determination of the corresponding wage mass and the control of its growth, without prejudice to 24 of the provisions of this article.

Four. The Ministries of Economics and Finance and Public Administrations shall determine and, where appropriate, update the remuneration of workers abroad in accordance with the specific circumstances of each country.

Five. The agreements adopted in this area will be null and void by omission of the reporting process or against an unfavourable report, as well as pacts involving wage growth for successive periods contrary to those determined by the future Budget Laws.

Expenditure resulting from the application of the retributions for the year 2009 may not be authorized without meeting the requirements set out in this article.

Article 38. Recruitment of labour personnel from investment credits.

One. The ministerial departments, autonomous agencies, state agencies and social security entities will be able to formalize during the year 2009, from the respective investment credits, temporary staff recruitments for the realization of works or services, provided that the following requirements are met:

(a) The purpose of the procurement is to carry out works by direct administration and with the application of State contract legislation, or to perform services that have the nature of investments.

(b) That such works or services correspond to investments foreseen and approved in the General State Budgets.

(c) That the work or services may not be executed with the fixed staff and there is insufficient availability of the budgetary provision for the recruitment of staff.

Two. Contracts shall be formalized in accordance with the requirements of articles 15 and 17 of the consolidated text of the Workers ' Statute Act, and with respect to the provisions of Law 53/1984 of 26 December on Staff Incompatibility to the Public Service Service. Contracts shall include, where appropriate, the work or service for which the contract and the duration of the contract is formed, as well as the rest of the formalities imposed by the labour, temporary or temporary contracts legislation. The departments, agencies or entities shall avoid non-compliance with the above-mentioned formal obligations, as well as the assignment of staff recruited for functions other than those specified in the contracts, of which the rights of stay may be derived for the contracted staff, proceedings which, if any, may result in the requirement of liability, in accordance with article 176 of Law 47/2003 of 26 November, General Budget.

Information to workers ' representatives shall be made in accordance with the consolidated text of the Workers ' Statute Act.

Three. Recruitment may exceed the budget period in the case of works or services that are to exceed that period and correspond to multi-year investment projects that meet the requirements provided for in article 47 of Law 47/2003 of 26 November, Budget General, or in this State General Budget Act for the year 2009.

Four. Contracts shall be informed, as a result of their formalization, by the State Law Office in the Department, agency or entity which, in particular, shall rule on the type of recruitment used and the observance of the contract clauses of the requirements and formalities required by labour law.

Five. The performance of contracts regulated in this article shall be subject to prior control in cases where the contract is preceptive, in accordance with articles 152 to 156 of Law 47/2003 of 26 November, Budgeting General. To this end, investment credits will be appropriate for the recruitment of contingent personnel if there is insufficient provision for this in the budget concept specifically intended for that purpose.

In the self-government agencies of the State, with industrial, commercial, financial or analogous activities, and in the public business entities, this contract will require a favourable report from the corresponding Delegate, which will deal with the non-availability of credit in the budget concept for the recruitment of contingent personnel in the relevant chapter. In the event of disagreement with the report issued, the autonomous agency or the public enterprise entity may upload the file to the Ministry of Economy and Finance for its resolution.

Rule 39. Competence of the Ministry of Economy and Finance on staff costs at the service of the public sector.

All similar agreements, agreements, pacts or instruments adopted within the scope of the ministerial departments, agencies, State agencies, public business entities and other public bodies of the state public sector from which there are increases, directly or indirectly, of public expenditure on personnel costs will require, for their full effectiveness, the previous and favourable report of the Ministry of Economy and Finance being null and void those that are reached without such a report.

PART IV

Public pensions

CHAPTER I

Initial determination of pensions in the State Passive Class Regime, special war and non-contributory social security

Article 40. Initial determination of pensions in the State Passive Classes Scheme.

One. For the initial determination of the pensions regulated in Chapters II, III, IV and VII of the Second Title Subtitle First of the Consolidated Text of the Law on State Passive Classes, approved by Royal Legislative Decree 670/1987 of 30 April, caused by the personnel referred to in Article 3, paragraph 1, letters a), b) and e) of the same legal text, the following shall be taken into account by the respective regulations, which are set out in 2009

(a) For staff included in the cases of article 30, paragraph 2, of the consolidated text of the State Passive Classes Act:

(b) For staff referred to in article 30, paragraph 3, of the consolidated text of the State Passive Classes Act:

Civil and Military Administration of the State

Administration of Justice

Constitutional Court

General Courts

Two. For the initial determination of pensions caused by the staff referred to in article 3, paragraph 2, (a) and (c), of the consolidated text of the Law on State Passive Classes, which have economic effects as of 1 January 2009, the regulatory bases resulting from the application of the following rules shall be taken into account:

(a) The amount that, within the tables below, corresponds to the causator for the concepts of salary and, if applicable, degree, in annual computation, depending on the body or the proportionality index and degree of administrative career or the multiplier index assigned to the body, career, scale, place, employment or category to which the person belongs will be taken.

Civil and Military Administration of the State

Administration of Justice

Constitutional Court

General Courts

(b) To the annual amount for the concepts of salary and, if any, the degree referred to in the preceding paragraph shall be added the amount obtained from multiplying the number of trienniums accredited by the causator for the unit value in annual compute corresponding to each triennium according to the body or square in which the causator had provided services, in the case of the following tables:

Civil and Military Administration of the State

Administration of Justice

Constitutional Court

General Courts

Three. The monthly amount of pensions referred to in this precept will be obtained by dividing by 14 the annual calculated according to the previous rules and the corresponding legislation.

Article 41. Initial determination and amount of special war pensions for 2009.

One. The amount of pensions recognized under Law 5/1979 of 18 September in favour of relatives of deceased persons as a result of the civil war may not be lower by 2009, which is set at a minimum in the Social Security system for widow ' s pensions for holders over the age of sixty-five years.

The provisions of the preceding paragraph shall not apply to pensions caused by non-official staff for non-incapacitated orphans entitled to pension, in accordance with their regulatory legislation, which shall amount to Euro144.75 per month.

Two. 1. The pensions recognized under Act No. 35/1980 of 26 June of the former combatants of the republican zone, whose perpetrators did not have the status of professional military of the Armed Forces and Institutes, are set for 2009 in the following amounts:

(a) Mutilation pension will result in the application of the percentages established for each degree of incapacity to the amount of Euro4,724,777, which refers to 12 monthlyities.

(b) The sum of the basic remuneration, the replacement remuneration of trienniums and the supplementary remunerations in compensation for unencumbered remuneration shall be 12,742,61 euros, referring to 12 monthlyities, being the amount of each of the two extra monthlyities of the same amount as that of the ordinary monthlyity for these concepts.

(c) Family pensions are set in the same amount as that established as a minimum in the Social Security system for widow ' s pensions for holders over the age of sixty-five years, except for pensions for non-incapacitated orphans over the age of 21 with the right to a pension, in accordance with its regulatory legislation, which will amount to Euro44.75 per month.

2. The amount of pensions for family members of ex-professional combatants recognized under Act No. 35/1980 may not be lower by 2009, which is established as a minimum in the Social Security system for widow ' s pensions for holders over 65 years of age.

Three. The pensions recognized under Act No. 6/1982 of 29 March, on basic retribution to Civil War Mutilates, are set for 2009 in the following amounts:

(a) The basic retribution for those who have recognized a second, third or fourth degree disability, in 100 percent of the amount of 8,919.83 euros, referred to 12 monthlyities.

(b) Family pensions in the same amount as that established as a minimum in the Social Security system for widowhood pensions for holders over 65 years of age.

Four. The pensions recognized under Decree 670/1976 of 5 March, in favour of war mutilated persons who could not be integrated into the Mutilated Knights Corps, shall be established, by 2009, in the amount that results from applying the percentages established for each degree of incapacity to the amount of 5,660.87 euros, referring to 12 monthlyities.

Five. The amount for 2009 of pensions under Title II of Law 37/1984 of 22 October on recognition of the rights and services provided to those who during the civil war were part of the Armed Forces and Public Orders and Corps of Carabineros of the Republic, shall be determined taking into account the amount for the concepts of salary and the extent to which it proceeds from among the provisions of section 40.

The amounts of these pensions may not be less than the following:

(a) In pensions for offenders, the amount established as a minimum in the Social Security system for retirement pensions, with dependent spouse, in favour of holders over 65 years of age.

(b) In widow ' s pensions, the amount established as a minimum in the Social Security system for widow ' s pensions for holders over 65 years of age.

Article 42. Initial determination of non-contributory social security pensions.

One. By 2009, the amount of retirement and disability pensions for Social Security, in its non-contributory form, will be set at Euro4,690.14 in full per year.

Two. By 2009, a pension supplement, set at €425.00 per year, is established for those pensioners who prove to be lacking property, and reside as a habitual residence in a house rented to the pensioner by owners who do not have with him or her relation of kinship to the third degree. In the case of family units in which a number of non-contributory pensioners live, only the holder of the rental contract, or several, the first of them, may receive the supplement.

The Government is authorized to issue the development standards necessary to regulate the application, recognition and payment procedure of this supplement, without prejudice to the fact that the same has economic effects since 1 January 2009, or from the date of recognition of the pension for those pensioners who see the benefit recognized during 2009.

CHAPTER II

Limitations on initial public pensions

Article 43. Limitation of initial public pensions.

One. The amount to be paid as a result of the initial notice of public pensions may not exceed during the year 2009 the total amount of EUR 2.432.21 per month, without prejudice to the extraordinary payments that may correspond to the holder and whose amount will also be affected by the limit.

Notwithstanding the above, if the pensioner has the right to receive less or more than 14 pay per year, including the extraordinary ones, the monthly limit must be adequate, so that the full annual amount corresponding to the individual concerned reaches or does not exceed, during the year 2009 the amount of Euro34,050.94.

Two. In those cases where the same holder causes simultaneously the right to two or more public pensions of those enumerated in article 37 of Law 4/1990 of 29 June of the General Budgets of the State for 1990, in accordance with the wording given by the tenth additional provision of Law 62/2003 of 30 December, of Fiscal, Administrative and Social Order Measures and by the second final provision of this Law, the aggregate amount to be received as a result of the same initial provision.

To this end, the full amount of each of the public pensions in question will be determined first and, if the sum of all of them exceeded Euro432.21 per month, they will be reduced proportionally to absorbing such excess.

However, if any of the pensions that are caused are provided by the Special Fund of one of the staff members ' allowances included in article 37 (c) of Law 4/1990 of 29 June of the General Budgets of the State for 1990, in accordance with the wording given by the tenth additional provision of Law 62/2003 of 30 December, the reduction shall be made preferably and, if possible, the remaining pensions shall not be paid

Three. When the initial notice of a public pension is made for those who are already receiving another or other public pensions, if the combined amount of the full amount of all of them exceeds the limits set out in paragraph One of this provision, the full amount to be paid as a result of the last notice shall be reduced or deleted until the amount exceeding the legal limit is absorbed.

However, if the pension subject to initial notice, in the present or previous financial periods, has the consideration of income exempt in the legislation regulating the Income Tax of the Physical Persons, at the request of its holder, it shall proceed to make the aforementioned discount or deletion on the public pension or pension that the person concerned had previously caused. In such cases the effects of regularization will be retrotracted to the day 1 January of the year in which it is requested or to the initial date of payment of the new pension, if later.

Four. If, at the time of the initial notice referred to in the preceding paragraphs, the relevant agencies or entities could not know the amount and nature of the other pensions that correspond to the beneficiary, such notice shall be made on a provisional basis until the time when the appropriate checks can be performed.

The final regularization of the interim notices will, if any, entail the requirement of the refund of the improperly received by the pension holder. This refund may be made on the basis of successive monthly pensions.

Five. If the amount or composition of the other public pensions received by the holder is altered, by any circumstance, by the amount or composition of the other public pensions received by the holder, the limitations that have been made, with the effect of the first day of the month following the period in which the variation has occurred, shall be reviewed on an ex officio or at the request.

In any event, the initial indications made in public pension cases will be subject to periodic review.

Six. The reduction or deletion of the amount of the initial public pension notices that could be made by application of the restrictive rules shall in no way mean detriment or prejudice to the rights of the pension other than the payment of the same.

Seven. The maximum perception limit set out in this article shall not apply to the following public pensions that are incurred during the year 2009:

(a) Extraordinary pensions of the State ' s Passive Class Regime, originated by terrorist acts.

(b) Pensions of the State ' s Passive Classes Scheme improved under Royal Decree-Law 19/1981 of 30 October on extraordinary pensions to victims of terrorism.

(c) Extraordinary pensions recognized by Social Security, originated by terrorist acts.

(d) Extraordinary pensions recognized under the additional provision of Act No. 62/2003 of 30 December on Fiscal, Administrative and Social Order Measures.

(e) Exceptional pensions resulting from terrorist attacks, recognized under Royal Decree-Law 6/2006 of 23 June.

Eight. When, at the time of the initial notice of public pensions, one or more of the pensions mentioned in paragraph 7 of this article or of those established in Title II of Royal Decree 851/1992 of 10 July, which regulates certain extraordinary pensions caused by terrorist acts, with another or other public pensions, the restrictive rules of this article shall apply only to those not coming from terrorist acts.

Nine. When in 2009 there are situations of old-age pensions or invalidity of the extinguished Old-age and Invalidity Obligatory Insurance with widow ' s pensions of any of the regimes of the Social Security system, or among all of them, and any other public widow ' s pension, shall govern the limit set out in the seventh transitional provision of the consolidated text of the General Law on Social Security, adopted by Royal Decree,

CHAPTER III

Revaluation and modification of public pension values for 2009

Rule 44. Revaluation and modification of public pension values for 2009.

One. The State ' s Passive Classes pensions, except for the exceptions contained in the following articles of this Chapter and applicable to them, will in 2009 experience an increase of 2 per cent, in accordance with article 27 of the consolidated text of the State ' s Passive Classes Act. The foregoing is without prejudice to the amounts of guarantee contained in the preceding article 41 regarding pensions recognized under the special civil war legislation.

Two. The pensions paid by the Social Security system, in its contributory modality, will experience an increase of 2 per cent in 2009 in accordance with article 48 of the consolidated text of the General Social Security Act, without prejudice to the exceptions contained in the following articles of this Chapter and which are expressly applicable to them.

Three. The pensions referred to in article 42 of this Title that were received as at 31 December 2008, shall be set in 2009 at Euro4,690.14 in full annual.

Four. According to the additional provision 6th, point 1 of the consolidated text of the Law on Social Security of the Civil Servants of the State, approved by Royal Legislative Decree 4/2000 of 23 June, the pensions of the Mutualities integrated in the Special Fund of the General Mutuality of the Civil Servants of the State, when they were caused after 31 December 2003, will experience a peremptory amount of 20 December 2009

Five. The pensions paid under the schemes or systems of forecasting enumerated in article 37 of Law 4/1990 of 29 June of General Budgets of the State for 1990, in accordance with the wording given by the additional provision tenth of Law 62/2003 of 30 December, and not referred to in the previous sections of this article, will experience in 2009 the revaluation or modification that, if any, expressly applicable to them in accordance with their own rules,

Article 45. Non-revaluable pensions during 2009.

One. In 2009, the following public pensions will not be revalued:

(a) The pensions paid under any of the schemes or systems of forecasts listed in article 37 of Law 4/1990 of 29 June of General Budgets of the State for 1990, in accordance with the wording given by the additional provision tenth of Law 62/2003 of 30 December, and by the final provision second of this Law, of which the full monthly amount, added, in its case, to the full amount of 43 euros

The provisions of the preceding paragraph shall not apply to the extraordinary pensions of the State and Social Security Passive Classes Scheme, originated by terrorist acts, as well as to the pensions improved under the Royal Decree-Law 19/1981 of 30 October, on extraordinary pensions to victims of terrorism, and to the pensions recognized under the additional provision Forty-third of Act No. 62/2003 of 30 December, of 30 December

(b) The pensions of passive classes recognized in favor of the State Camineros and caused prior to 1 January 1985, except those whose holder only received this pension as such a walker.

(c) The pensions of the extinct Obligatory Insurance of old age and invalidity, when they enter into concurrence with other public pensions, except in the cases regulated by article 49 of this Law.

Notwithstanding the provisions of the preceding paragraph, when the sum of all the concurrent pensions and those of the aforementioned Old Age and Invalidity Obligatory Insurance, once revalued, is less than the amount set for the pension of such Insurance in paragraph One of the above-mentioned Article 49 of this Law, calculated one and the other in annual computation, the pension of the Obligatory Insurance of Old Age and Invalidity shall be equal. This difference does not have a consolidated character, being absorbed with any increase that may experience the perceptions of the interested party, either in terms of revaluation or in recognition of new periodical benefits.

(d) The pensions of the Mutualities integrated into the Special Fund for the General Mutuality of Civil Officials of the State which, by 31 December 2008, had already reached the amounts for 31 December 1973.

Two. In the event that Mutualities, Montepios or Social Security Entities of any kind that integrates personnel belonging to companies or companies with majority participation of the State, of Autonomous Communities, of Local Corporations or of Autonomous Agencies and is financed with funds from such organs or public entities, or in the event that they are directly applying to the staff included in the protective action of those supplementary pensions

Article 46. Limitation of the amount of the revaluation for the year 2009 of public pensions.

One. The amount of the revaluation for the year 2009 of public pensions which, according to the rules of the precepts of this Chapter, may be increased, may not suppose for them, once revalued, an annual full value greater than 34.050.94 euros.

Two. In cases where the same holder receives two or more public pensions, the sum of the full annual amount of all of them, once they are revalued, may not exceed the maximum limit referred to in the preceding paragraph. If it exceeds it, the amount of revaluation will be reduced proportionally, to absorb the excess over that limit.

To this end, each entity or agency competent to revaluate will determine its own annual maximum limit for pensions in its charge. This limit shall consist of a figure that is in the total amount of Euro34,050.94 per year the same proportion as that of the pension or pension by the agency or entity concerned with the total set of public pensions that the holder receives.

The said limit (L) will be obtained by applying the following formula:

L = (P/T) × 34.050.94 euros per year

As "P" the annual theoretical full value reached as at 31 December 2008 for the pension or pension by the competent agency or entity, and "T" the result of adding to the previous figure the annual full value of the remaining concurrent pensions of the same holder at the same time.

Notwithstanding the foregoing, if any of the pensions received by the person concerned were in charge of the Special Fund of one of the staff members ' functions included in article 37 (c) of Law 4/1990 of 29 June of the General Budgets of the State for 1990, in accordance with the wording given by the tenth additional provision of Law 62/2003 of 30 December, or the foregoing of the non-revaluable pensions

Three. When the agency or entity competent to perform the revaluation of the public pension, at the time of its practice, it could not confirm the reality of the amount of the other public pensions that the holder received, such revaluation shall be carried out on a provisional basis until the time when the appropriate checks can be performed.

The final regularization will, in its case, entail the demand for the return of the wrongly perceived by the holder. This refund may be made on the basis of successive monthly pensions.

In any event, the revaluations made in public pensions are subject to periodic review or inspection.

Four. The restrictive rules regulated in this precept shall not apply to:

(a) Extraordinary pensions of the State ' s Passive Class Regime, originated by terrorist acts.

(b) Pensions of the State ' s Passive Classes Scheme improved under Royal Decree-Law 19/1981 of 30 October on extraordinary pensions to victims of terrorism.

(c) Extraordinary pensions recognized by Social Security, originated by terrorist acts.

(d) Extraordinary pensions recognized under the additional provision of Act No. 62/2003 of 30 December on Fiscal, Administrative and Social Order Measures.

(e) Exceptional pensions resulting from terrorist attacks, recognized under Royal Decree-Law 6/2006 of 23 June.

Five. Where any of the pensions mentioned in Title II of Royal Decree 851/1992 of 10 July, which regulates certain extraordinary pensions caused by terrorist acts, with another or other public pensions, the restrictive rules of this provision shall apply only to those not coming from terrorist acts.

Six. In the cases of old-age pensions or invalidity of the extinguished Old-age and Invalidity Obligatory Insurance with widow ' s pensions, provided for in section 49 (2) of this Law, the limit established in the seventh transitional provision of the consolidated text of the General Law on Social Security, approved by Royal Legislative Decree 1/1994 of 20 June, shall apply the above-mentioned amount of pensions with a recognized effect.

CHAPTER IV

Minimal supplements

Article 47. Recognition of accessories for minimums in the pensions of passive classes.

One. In the terms that are regulated, they shall have the right to receive the economic supplements necessary to achieve the minimum amount of pensions, pensioners of State Passive Classes, who do not receive during the year 2009 labour or capital income or who, by virtue of them, do not exceed 6,896,85 euros per year.

To this end, the gains or property gains, as well as the returns that may be deducted from the economic upkeep of the estate, shall also be computed among such income, applying to its value 50 per cent of the legal interest rate of the money established in this Law, with the exception of the dwelling usually occupied by the pensioner and the assets whose rents have been computed.

In order to credit the rents and incomes, the Gestor Centre may require the pensioner to make a statement of the incomes and, if any, the contribution of the tax declarations submitted.

It will be presumed to meet the requirements indicated when the interested party had received income in 2008 amounting to or less than Euro6,761.61 per year. This presumption may be destroyed, if any, by the evidence obtained by the Administration.

For the purposes of guaranteeing minimum supplements, public pensions that are not in charge of any of the basic public welfare schemes shall be equal to work income.

In cases where, in accordance with the legal provisions, a proportional part of the widow ' s pension is recognized, the minimum supplement to be applied, if any, shall be in the same proportion that was taken into account for the recognition of the pension.

The economic effects of the recognition of the economic supplements will be retrotracted to the day 1 January of the year in which they are requested or to the date of start of the pension, if it were after 1 January.

However, if the application for such recognition is made on the occasion of exercising the right to the payment of the pension, the economic effects may be those of the start date of the same, with a maximum retroactivity of one year since they are requested and provided that the necessary requirements are met for their receipt.

Two. Acknowledgments of economic supplements made in 2009 on the basis of statements by the individual concerned shall be provisional until the reality or effectiveness of the declaration is ascertained.

In any event, the Administration may periodically review, on its own motion or at the request of the person concerned, the resolutions of recognition of economic supplements, and may, where appropriate, provide for the return of the unduly received by the holder of the pension. This refund may be made on the basis of successive monthly pensions.

Three. During 2009 the minimum amounts of the passive class pensions are fixed, in annual calculation, in the following amounts:

COMPLEMENTS FOR ME

Four. The economic supplements regulated in the preceding sections shall not apply to the pensions recognized under the special legislation derived from the civil war whose amounts are set out in article 41 of this Law, except for the pensions of orphans recognized under Title II of Law 37/1984 of 22 October, as well as to those recognized in favour of non-incapacitated orphans over 21 years of age, amparo of non-official personnel.

Article 48. Recognition of pension supplements below the minimum in the Social Security system and the amounts of such pensions in 2009.

One. In the terms that are regulated, they shall have the right to receive the necessary supplements to achieve the minimum amount of pensions, pensioners of the Social Security system in their contributory modality, who do not receive capital or personal work income or who, by receiving them, do not exceed Euro6,895 per year. To this end, the gains or property gains, as well as the returns that may be deducted from the economic upkeep of the estate, shall also be computed among such income, applying to its value 50 per cent of the legal interest rate of the money established in this Law, with the exception of the dwelling usually occupied by the pensioner and the assets whose rents have been computed.

In order to credit the rents and incomes, the Gestora Entity may require the pensioner a statement of the same and, if any, the contribution of the tax declarations submitted.

However, social security pensioners in their contributory modality who earn income from the concepts indicated above the figure set out in paragraph 1 of this section shall have the right to a minimum supplement when the annual compute amount of such income and those for the pension already revalued is less than the amount of 6,896,85 euros plus the amount of the fixed minimum pension class. In this case, the minimum supplement shall consist of the difference between the amounts of both sums, provided that this difference does not determine for the person concerned a joint monthly pension and supplement in excess of the minimum pension amount corresponding in monthly terms.

For the sole purposes of guaranteeing minimum supplements, public pensions that are not in charge of any of the basic public social insurance schemes shall be equated with labour income.

The sums raised and the periodic payments paid, on a compensatory basis, to Spanish pensioners under the Agreement between Spain and the United Kingdom, on 18 September 2006, shall not be computed for any purpose for the recognition of the supplements to achieve the minimum amount of pensions.

Two. The requirements indicated in the previous number shall be presumed to be met when the person concerned had received income in 2008 in the amount equal to or less than Euro6,761.61. This presumption may be destroyed, if any, by the evidence obtained by the Administration.

Three. For the purposes of this article, a spouse shall be deemed to be in charge of the holder of a pension when he/she is living with and dependent on the pensioner.

It will be understood that there is economic dependence when the following circumstances occur:

(a) That the pensioner ' s spouse is not, in turn, entitled to a pension under a public basic social insurance scheme, including the minimum income guarantee and third-person support allowances, both of Law 13/1982 of 7 April, on the Social Integration of the Minusvalides, and the assistance pensions regulated by Law 45/1960 of 21 July.

(b) That the yields by any nature of the pensioner and his spouse, computed in the form indicated in paragraph One of this article, are less than Euro8,045,24 per year.

When the sum, in annual computation, of the returns referred to in the previous paragraph and of the amount, also in annual calculation, of the pension to be supplemented is less than the amount of 8,045,24 euros and the annual amount of the minimum pension with dependent spouse in question, a supplement equal to the difference will be recognized, distributed among the corresponding number of monthly payments.

Four. For the purposes set out in paragraph One of this article, social security pensioners in their contributory modality that have recognized a minimum supplement and have received during the year 2008 income of capital or personal work exceeding 6,761,61 euros, shall be obliged to submit by 1 March 2009 expressive statement of the amount of such income. Failure to comply with this obligation will result in the refund of the amounts unduly received by the pensioner with the effects and in the manner to which they are determined.

Five. During 2009, the minimum amounts of pensions in the Social Security system, in its contributory modality, are set, in annual compute, pension class and concurrent requirements in the holder, in the following amounts:

CHAPTER V

Other public pension provisions

Article 49. Extinct pensions Obligatory insurance for old age and invalidity.

One. As of 1 January 2009, the amount of pensions for the extinguished Old Age and Invalidity Obligatory Insurance, not concurrent with other public pensions, is set in annual computation, at Euro5,136,46.

For this purpose, the economic benefit recognized under Act No. 3/2005 of 18 March shall not be considered concurrent pension to citizens of Spanish origin who are displaced abroad, during their minority of age, as a result of the civil war, nor the pension received by the useful or incapacitated persons of first degree because of the last Spanish civil war, regardless of the regulatory law, nor the allowance for assistance of third person provided for in Act No. 1382 of 18

Two. The amount of old-age pensions or invalidity of the extinguished Old-age and Invalidity Obligatory Insurance will be set out in the previous section, even if they have widow ' s pensions of any of the social security system regimes, or with any of these pensions and, in addition, with any other public widow ' s pension, without prejudice to the application, to the sum of the temporary provision of all of the

PART V

Financial operations

CHAPTER I

Public Debt

Article 50. Public debt.

One. The Minister of Economy and Finance is authorized to increase the State ' s debt, with the limitation that the living balance of the State to 31 December 2009 does not exceed the corresponding balance of 1 January 2009 in more than 50,246,574.55 thousand euros.

Two. This limit will be effective at the end of the exercise, which may be exceeded in the course of the exercise, and will be automatically revised:

(a) For the amount of net changes in budgetary provisions for chapters I to VIII.

(b) For the deviations between the income forecasts contained in this Law and the actual evolution of the same.

(c) By advances in treasury and the net variation in the non-budget operations legally envisaged.

(d) For the net variation in the rights and obligations of the recognized State and pending entry or payment.

Such revisions will increase or reduce the limit set out in the preceding paragraph as an increase or decrease, respectively, of the need for State funding.

Rule 51. Credit transactions authorized to public agencies.

One. Public agencies listed in Annex III of this Act are authorized to enter into credit operations during the year 2009 for the amounts listed in the Annex.

In addition, business public entities listed in the same Annex III are authorized to enter into credit operations during the year 2009 for the amounts listed in the Annex. The authorisation refers, in this case, in accordance with article 111.4 of the General Budget Law, to credit operations that are not concluded and cancelled within the year.

Two. The Public Research Agencies, the Instituto de Astrofísica de Canarias and the National University of Distance Education, will be able to arrange credit operations in the form of reimbursable advances in the field of aid calls from the Ministry of Science and Innovation, under Chapter 8 of the General Budgets of the State.

This authorization shall be applicable only to advances granted in order to facilitate the availability of funds for the payment of expenses that, once justified, are financed from the European Regional Development Fund, or the aids specifically designed in the modality of pre-refundable advance and subsequent subvention for the amortization of the refundable advance.

Rule 52. Asunción deud del Ente Público Radiotelevisión Española.

One. The State shall assume, on the date of its expiry and for a maximum amount of 1,500,000 euros, the nominal of the indebtedness operation of the Spanish Public Ente Radiotelevision related to Annex XVI.

Two. The Minister of Economy and Finance shall authorize treasury operations and take the necessary measures to comply with the provisions of the preceding paragraph.

Article 53. Information on the evolution of the State Debt to the Ministry of Economy and Finance and the Congress of Deputies and the Senate; and the accounts opened by the Treasury in the Banco de España or in other financial entities to the Congress of Deputies and the Senate.

The public agencies responsible for the management of the State Debt or assumed by the State, even if it is assumed only the financial burden, will forward to the General Directorate of the Treasury and Financial Policy of the Ministry of Economy and Finance the following information: quarterly, on the payments made and on the situation of the Debt on the last day of the quarter, and at the beginning of each year, on the forecast of financial expenses and amortizations for the period.

The Government will report to the Budget Commissions of the Congress of Deputies and the Senate on a quarterly basis the detailed balance of the financial operations agreed upon by the State and the Autonomous Agencies.

The Government will also report on a quarterly basis the number of accounts opened by the Treasury in the Bank of Spain or in other financial entities, as well as the amounts and evolution of the balances.

CHAPTER II

Public and Other Guarantees

Article 54. It matters to the State's guarantees.

One. The maximum amount of the guarantees granted by the State during the year 2009 shall not exceed 100,500,000 euros.

Two. Within the total set out in the preceding section, the amount of 100,000 thousand euros is reserved to guarantee the obligations arising from financing operations referred to in article 1 of the Royal Decree-Law 7/2008 of 13 October on Urgent Measures in Economic-Financial Matters in relation to the Concerted Action Plan of the Countries of the Euro Zone.

The amount of the guarantees granted to ensure refinancing operations of those referred to in the preceding paragraph or operations that replace them shall not account for the purposes of the limit set out in paragraph One.

Three. Within the amount of 500,000 thousand unreserved in the preceding section, a maximum limit of 40,000 euros is established to guarantee the obligations arising from credit operations arranged by shipping companies domiciled in Spain for the renewal and modernization of the Spanish merchant fleet through the acquisition by purchase, by lease with option to purchase or by financial lease with option to purchase, of new merchant ships, under construction or used for the maximum age of five years.

Applications for endorsements that are submitted six months after the date of the completion of the acquisition of the ship may not be taken into account.

The effectiveness of the aval that is granted prior to the formalization of the acquisition of the vessel shall be conditioned on the fact that such formalization takes place within six months of the date of notification of the granting of the aval.

The valued amount cannot exceed 35 per cent of the total price of the Financiado vessel.

The conditions of the secured loans under this system shall be, to the maximum extent, those established in Royal Decree 442/1994 of 11 March, on premiums and financing for the naval construction, or subsequent provisions that modify it.

In any case, the authorization of avals will be based on an assessment of the economic-financial feasibility of the operation and the risk.

The delegated Commission for Economic Affairs shall determine the procedure for granting guarantees, the requirements for granting them and the conditions to which the effectiveness of the guarantees granted shall be subject.

Four. The Directorate-General of the Treasury and Financial Policy is authorized, in the execution of the State guarantees referred to in article 1 of the Royal Decree-Law 7/2008 of 13 October, of Urgent Measures in Economic-Financial Matters in connection with the Concerted Action Plan of the Countries of the Euro Zone, to make the payments corresponding to the obligations guaranteed through Treasury operations for such a specific concept.

Following its implementation, the Directorate-General for the Treasury and Financial Policy shall proceed to the final application of the expenditure budget for payments made in the period, except for those made in the month of December of each year, which shall apply to the budget in the following month.

Article 55. Advances from public business entities and state business societies.

The State Society for Industrial Participations is authorized to provide guarantees in the year 2009 in relation to the credit operations that are in place and to the obligations arising from the award competitions in which the commercial companies in whose capital participates directly or indirectly, up to a maximum limit of 1,210,000 thousand euros.

Article 56. Information on public guarantees granted.

The Government will report to the Budget Commissions of the Congress of Deputies and the Senate on a quarterly basis the amount and main characteristics of the public guarantees granted.

Article 57. Avales to guarantee fixed income values issued by Asset Titulization Funds.

One. The State may grant guarantees up to a maximum amount, during the 2009 period, of 3 billion euros, in order to guarantee fixed income values issued by the Funds for the titulization of assets constituted under the agreements signed by the General Administration of the State and the companies that manage the funds for the titulization of assets registered in the National Securities Market Commission, with the aim of improving the financing of the productive activity.

Assets transferred to the Titulization Fund will be loans or credits granted to all types of non-financial companies domiciled in Spain. However, the assigned asset for the same sector, according to the divisional level of the National Classification of Economic Activities 2009, may not exceed 25 per cent of the total assets assigned to the Titulization Fund.

Two. The cumulative living amount of all the State ' s grants to fixed income values issued by the Funds for the titulization of assets set out in the preceding paragraph shall not exceed 11,000 million euros to 31 December 2009.

Three. The granting of the guarantees referred to in paragraph One of this article shall be agreed by the Ministry of Economy and Finance, on the occasion of the constitution of the fund and upon the processing of the preceptive file.

Four. The Gestoras Societies of Asset Titulization Funds should send to the General Directorate of the Treasury and Financial Policy the information necessary for the control of the risk assumed by the State by virtue of the avals, in particular regarding the total volume of the main slope of amortization of fixed income values issued by the Asset Titulization Funds and the rate of impagated or failed assets of the titulized portfolio.

Five. The establishment of the Asset Titulization Funds referred to in the preceding paragraphs shall be exempt from any notarial and, where appropriate, registration fees.

Six. The Minister of Economy and Finance is empowered to establish the rules and requirements to which the conventions referred to in paragraph One of this article will conform.

CHAPTER III

State relations with the Official Credit Institute

Article 58. State reimbursements to the Official Credit Institute.

One. State reimbursements to the Official Credit Institute as a result of the management of the CARI system:

The State shall reimburse the Official Credit Institute for the year 2009 both the amounts it had satisfied to the financial institutions in payment of the interest adjustment operations provided for in Act No. 11/1983 of 16 August on Financial Measures for the stimulus of the export, and the management costs of such operations in which the latter has incurred.

For this purpose, the 2009 allocation to the CARI system (Reciprocal Interest Adjustment Convention) will be as shown in budget line 20.06.431A.444.

In the event that there are positive balances of the system in favour of the Official Credit Institute as at 31 December 2009, after the management costs incurred by the Official Credit Institute have been deducted, they will be entered into the Treasury.

Within the set of interest adjustment operations approved during the year 2009, the amount of export credits referred to in article 4.2 of the Regulations approved by Royal Decree 677/1993 of 7 May, which may be approved during the year 2009, amounts to Euro480,000.

In order to optimize the financial management of reciprocal interest adjustment operations, the Official Credit Institute may, by itself or through brokering financial agents, financial exchange operations that are intended to cover the risk that the Treasury may entail the evolution of interest rates, following a report by the General Directorate of the Treasury and Financial Policy of the Ministry of Economy and Finance and authorization by the General Directorate of Trade and Investment of the Ministry of Commerce.

Two. State reimbursements to the Official Credit Institute as a result of other activities:

In the cases of interest subsidized by the State, in financial operations implemented through the Official Credit Institute, the agreements of the Council of Ministers or of the Government ' s Delegate Commission for Economic Affairs shall include information on the provision of credits in the General Budgets of the State.

Article 59. Information to the General Courts regarding the Official Credit Institute.

The Government shall submit to the Budget Commissions of the Congress of Deputies and of the Senate on a quarterly basis detailed information on all State compensations, pursuant to article 58 of this Law. The information shall also include the amounts reimbursed to the Institute by the State referred to in the last paragraph of paragraph 10 of the second additional provision of Law 62/2003 of 30 December on Fiscal, Administrative and Social Order Measures.

Article 60. Information to the General Courts on investment and public spending.

The Government shall semesterly transmit to the Budget Commissions of the Congress of Deputies and the Senate information on the degree of implementation of the investment, if any, in detail of the territorial distribution of the State and its Autonomous Agencies.

Rule 61. Development Aid Fund.

One. The development aid fund will be increased in 2009 by 2,088,330 thousand euros, to be earmarked for the purposes set out in paragraph 2 of the additional tax provision of Law 62/2003 of 30 December on Fiscal, Administrative and Social Order Measures. In addition, the Development Assistance Fund will be able to fund, at the initiative of the Ministry of Foreign Affairs and Cooperation, capital contributions and financial contributions to international agencies and institutions, development programmes and multilateral development funds with which Spain has or subscribes to the appropriate financing agreement.

Two. The increase in the staffing of the Development Assistance Fund will be made from the following budget applications and the following amounts:

12.03.143A.872 "Fondo de Ayuda al Desarrollo en materia de Cooperación", 1,478,330 thousand euros.

15.21.923P.871 "Development Aid Fund for International Financial Institutions and External Debt Management (FIDE)", 360.000 thousand euros.

20.06.431A.871 "Development Assistance Fund for Internationalization", €250,000.

Three. The Council of Ministers may approve operations from the Development Assistance Fund in the amount of up to 2,338,330 thousand euros over the year 2009, without, in any case, any provision used to finance operations under the Development Assistance Fund may exceed the amounts indicated in the preceding paragraph, according to the following distribution by Departments:

Operations at the initiative of the Ministry of Foreign Affairs and Cooperation: up to 1,478,330 thousand euros. Within this limit of approvals by the Council of Ministers, capital contributions and financial contributions to Non-Financial International Agencies and Institutions will have a maximum limit of Euro300,000.

Operations at the initiative of the Ministry of Economy and Finance: up to 360,000 euros.

Operations at the initiative of the Ministry of Industry, Tourism and Trade: up to 500,000 euros.

This limitation is expressly excluded from the refinancing of prior credits from the Development Assistance Fund to be carried out in compliance with the appropriate bilateral or multilateral agreements agreed within the Paris Club, renegotiation of the foreign debt of borrowing countries.

Four. Additional resources will be made available for each of the applications of the Development Assistance Fund and will apply to each of them, the returns that take place during the 2009 financial period and which originate in operations approved at the initiative of the respective ministerial department.

Five. The annual compensation to the ICO set out in point 10 of the second additional provision of Law 62/2003 will be made by the three Departments mentioned in accordance with the operations approved by the Council of Ministers for each of them.

Six. The Government shall report to Congress and the Senate on the amount, country of destination and conditions of operations authorized by the Council of Ministers under the said Fund.

Article 62. Fund for the granting of microcredit for basic social development projects abroad.

The allocation to the Fund for the Granting of Microcredits referred to in article 105 of Law 50/1998 of 30 December on Fiscal, Administrative and Social Order Measures shall, in 2009 amount to Euro100,000 and shall be allocated for the purposes set out in paragraph 3 of that article, as well as for the technical assistance costs of the various projects.

The Council of Ministers may authorize operations from the Fund in the amount of up to 100,000 thousand euros over the year 2009.

The Government shall semesterly inform Congress and the Senate of the amount, country of destination and conditions of operations authorized by the Council of Ministers under this Fund.

Article 63. Water and Sanitation Cooperation Fund.

The endowment to the Water and Sanitation Cooperation Fund will amount to Euro300,000 in 2009 and will be earmarked for the purposes set out in paragraph three of the additional sixtieth first provision of Law 51/2007 of 26 December on General State Budgets for 2008.

The Council of Ministers may authorize operations from the Fund for a maximum amount of up to Euro300,000 over the year 2009.

The Government shall semesterly inform Congress and the Senate of the amount, country of destination and conditions of operations authorized by the Council of Ministers under this Fund.

PART VI

Tax Rules

CHAPTER I

Direct taxes

Section 1.a Income Tax for Physical Persons

Article 64. Acquisition value update coefficients.

One. For the purposes of article 35, paragraph 2, of Law 35/2006 of 28 November, of the Tax on the Income of Physical Persons and of partial modification of the laws of the Taxes on Societies, on the Income of Non-Residents and on Heritage, for transmissions of immovable property that do not affect economic activities that take place during 2009, the coefficients of updating the acquisition value will be as follows:

However, when investments had been made on 31 December 1994, the ratio 1.3368 would be applied.

The application of a coefficient other than the unit will require the investment to have been made more than a year in advance of the date of the transmission of the property.

Two. For the purpose of updating the value of acquisition provided for in the preceding paragraph, the coefficients applicable to real property affected by economic activities shall be the ones provided for in Article 70 of this Act.

Three. In the case of updated property elements in accordance with article 5 of the Royal Decree-Law 7/1996 of 7 June on urgent fiscal measures and the promotion and liberalization of economic activity, the following rules shall apply:

1.a The updated coefficients referred to in the preceding section shall apply on the acquisition price and the recorded amortizations corresponding to the same, without taking into account the amount of the net increase of the value resulting from the update operations.

2.a The difference between the amounts determined by the application of the above number will be reduced in the amount of the previous value of the property element.

To determine the previous value of the updated heritage element, the values that have been considered for the purpose of applying the update coefficients will be taken.

3.a The amount resulting from the operations described in the previous number shall be reduced by the net increase of value derived from the update operations provided for in the Royal Decree-Law 7/1996, the positive difference thus determined the amount of monetary depreciation.

4.a The gain or loss of property will be the result of reducing the difference between the transmission value and the accounting value in the amount of the currency depreciation referred to in the previous number.

Article 65. Reduction in the performance of work and certain returns of economic activities.

The following amendments to Act No. 35/2006 of 28 November on the Income Tax of Physical Persons and partial modification of the Tax Laws on Societies, on the Income of Non-Residents and on Heritage are made exclusively for the year 2009:

One. Article 20 is amended and read as follows:

"Article 20. Reduction in the performance of work.

1. Net work performance will be reduced by the following amounts:

(a) Contributors with net returns of work equal to or below 9,180 euros: 4,080 euros annually.

(b) Contributors with net returns of the work between 9,180,01 and 13,260 euros: 4,080 euros less the result of multiplying by 0.35 the difference between the performance of the work and 9,180 euros annually.

(c) Contributors with net returns of work greater than 13,260 euros or with rents, excluding the exempt ones, other than those of work greater than 6,500 euros: 2.652 euros per year.

2. The amount of the reduction provided for in paragraph 1 of this article will be increased by 100 per cent, in the following cases:

(a) Active workers over 65 years of age who continue or prolong work, under the conditions that are determined by regulation.

(b) Unemployed contributors registered in the employment office who accept a job that requires the transfer of their habitual residence to a new municipality, under the conditions that are regulated. This increase will be applied in the tax period in which the change of residence occurs and the next.

3. In addition, persons with disabilities who obtain returns from work as active workers will be able to lower the net performance of work by 3,264 euros per year.

This reduction will be Euro7,242 per year, for persons with disabilities who are active workers to prove that they need help from third parties or reduced mobility, or a degree of disability equal to or greater than 65 per cent.

4. As a result of the implementation of the reductions provided for in this article, the resulting balance cannot be negative."

Two. Paragraph 1 of article 32, paragraph 2, is amended and read as follows:

«1.o When the requirements set out in the 2nd paragraph are met, the net performance of economic activities shall be reduced in the following amounts:

(a) Contributors with net returns of economic activities equal to or below 9,180 euros: 4,080 euros annually.

(b) Contributors with net returns of economic activities between 9,180,01 and 13,260 euros: 4,080 euros less the result of multiplying by 0.35 the difference between the net performance of economic activities and 9,180 euros annually.

(c) Contributors with net returns of economic activities greater than 13,260 euros or with rents, excluding those exempted, other than those of economic activities greater than 6,500 euros: 2,652 euros per year.

In addition, persons with disabilities who obtain net returns resulting from the actual exercise of economic activities may reduce their net performance by 3,264 euros per year.

This reduction will be Euro7,242 per year, for persons with disabilities who effectively engage in economic activity and prove to need assistance from third parties or reduced mobility, or a degree of disability equal to or above 65 per cent."

Article 66. Minimum personal and family.

The following amendments to Act No. 35/2006 of 28 November on the Income Tax of Physical Persons and partial modification of the Tax Laws on Societies, on the Income of Non-Residents and on Heritage are made exclusively for the year 2009:

One. Article 57 is amended to read as follows:

"Article 57. Minimum of the taxpayer.

1. The minimum of the taxpayer will be, on a general basis, 5,151 euros per year.

2. When the taxpayer is over 65 years of age, the minimum will be increased by Euro918 per year. If the age is higher than 75 years, the minimum will be increased additionally by 1,122 euros per year. »

Two. Article 58 is amended to read as follows:

"Article 58. Minimum by descendants.

1. The minimum per descendants shall be, for each of them less than twenty-five years or with disabilities whatever their age, provided that they live with the taxpayer and do not have annual income, excluding the exempt ones, more than 8,000 euros, of:

1,836 euros per year for the first.

2.040 euros per year per second.

3,672 euros per year per third.

4.182 euros per year for the fourth and following.

For this purpose, the offspring shall be assimilated by persons linked to the taxpayer on the basis of guardianship and care, in the terms provided for in the applicable civil law.

Among other cases, the offenders who, depending on the taxpayer, are deemed to have been placed in specialized centres.

2. When the descendant is less than three years, the minimum referred to in paragraph 1 above will be increased by €2,244 per year.

In cases of adoption or placement, both pre-adoptive and permanent, such an increase will occur, regardless of the age of the minor, in the tax period in which it is registered in the Civil Registry and in the following two. Where registration is not required, the increase may be made in the tax period during which the corresponding judicial or administrative decision is made and in the following two. »

Three. Article 59 is amended to read as follows:

"Article 59. Minimum for ascenders.

1. The minimum per ascendant will be Euro918 per year, for each of them over 65 years of age or with disabilities regardless of their age living with the taxpayer and having no annual income, excluding the exempt ones, over €8,000.

Among other cases, disabled ascendants who, depending on the taxpayer, are considered to be placed in specialized centres.

2. When the ascendant is over 75 years, the minimum referred to in paragraph 1 above will be increased by Euro1,122. »

Four. Article 60 is amended to read as follows:

"Article 60. Minimum for disability.

The minimum for disability shall be the sum of the minimum for disability of the taxpayer and the minimum for disability of the ascendants and descendants.

1. The taxpayer ' s disability minimum will be EUR 2,316 per year when he is a disabled person and EUR 7,038 per year when he is a disabled person and credits a degree of disability equal to or above 65 per cent.

Such a minimum will be increased, in terms of assistance costs, to EUR 2,316 per year when crediting to need assistance from third parties or reduced mobility, or a degree of disability equal to or greater than 65 per cent.

2. The minimum for disability of ascendants or descendants shall be EUR 2,316 per year for each of the descendants or ascendants who generate the right to the application of the minimum referred to in articles 58 and 59 of this Law, which are persons with disabilities, regardless of their age. The minimum will be 7,038 euros per year, for each of them that credit a degree of minusvalia equal to or greater than 65 per cent.

Such a minimum will be increased, in terms of assistance costs, to EUR 2,316 per year per ascendant or descendant who credits need assistance from third parties or reduced mobility, or a degree of disability equal to or greater than 65 per cent.

3. For the purposes of this Tax, taxpayers who credit, under the conditions established by regulation, a degree of disability equal to or greater than 33 per cent shall be considered by persons with disabilities.

In particular, a degree of disability equal to or greater than 33 per cent in the case of social security pensioners who have recognized a pension of full, absolute or large permanent disability and in the case of passive class pensioners who have recognized a retirement pension or retirement for permanent incapacity for service or inutility shall be considered accredited. Similarly, a degree of disability equal to or above 65 per cent shall be deemed to be credited to persons whose incapacity is declared judicially, even if it does not reach that degree. »

Five. Article 61.4.a is amended to read as follows:

«4.a Notwithstanding the provisions of the preceding paragraph, in the event of the death of a descendant who generates the right to a minimum by descendants, the amount will be 1,836 euros per year for that descendant."

Article 67. General and complementary scales of the Tax.

The following amendments to Act No. 35/2006 of 28 November on the Income Tax of Physical Persons and partial modification of the Tax Laws on Societies, on the Income of Non-Residents and on Heritage are made exclusively for the year 2009:

One. Article 63, paragraph 1, is amended to read as follows:

"1. The portion of the general liquidable base that exceeds the amount of the personal and family minimum referred to in Article 56 of this Law shall be taxed as follows:

1.o The general liquidable base shall be applied to the types indicated on the following scale:

2. The resulting amount shall be reduced in the amount derived from applying to the part of the general liquidable base corresponding to the minimum of staff and family the scale provided in the previous one. »

Two. Article 74, paragraph 1, is amended and read as follows:

"1. The portion of the general liquidable base that exceeds the amount of the personal and family minimum referred to in Article 56 of this Law shall be taxed as follows:

1.o The general liquidable base shall be applied to the types of the autonomous scale of the Tax that, as provided for in Law 21/2001 of 27 December, regulating the fiscal and administrative measures of the new funding system of the Autonomous Communities of common regime and Cities with Autonomy Statute, have been approved by the Autonomous Community.

If the Autonomous Community had not approved the scale referred to in the preceding paragraph, the following additional scale shall apply:

2. The resulting amount shall be reduced in the amount derived from applying to the part of the general liquidable base corresponding to the minimum of staff and family the scale provided in the previous one. »

Article 68. Rules applicable in the joint taxation.

With effect from 1 January 2008, the 2.o number of section 84, paragraph 2, of Law 35/2006 of 28 November, of the Tax on the Income of Physical Persons and of partial modification of the laws of the Taxes on Societies, on the Income of Non-Residents and on Heritage shall be drafted as follows:

«2.o In any form of family unit, the minimum amount provided for in article 57, paragraph 1, shall be applied, irrespective of the number of members included in the same.

For the quantification of the minimum referred to in article 57, paragraph 2, and article 60, paragraph 1, both of this Act, the personal circumstances of each spouse integrated into the family unit shall be taken into account.

In no case shall the application of the above minimums be carried out by the children, without prejudice to the amount appropriate for the minimum by descendants and disability. »

Article 69. Obligation to declare.

With effect from 1 January 2008, section 96, paragraphs 2 and 3, of Law 35/2006 of 28 November, of the Income Tax of Physical Persons and of partial modification of the laws of the Taxes on Societies, on the Income of Non-Residents and on Heritage shall be drafted as follows:

«2. However, taxpayers will not be required to obtain income from only the following sources, either individually or jointly:

(a) Complete surrenders of work, with the limit of 22,000 euros per year.

(b) Complete surrenders of the capital furniture and property gains subject to retention or payment, with the combined limit of 1,600 euros per year.

(c) Real estate rents charged under Article 85 of this Law, full returns of the capital furniture not subject to retention derived from letters of the Treasury and subsidies for the acquisition of official protection or priced housing, with the joint limit of 1,000 euros per year.

In no case shall taxpayers who obtain exclusively full returns of work, capital or economic activities, as well as property gains, with the combined limit of 1,000 euros per year and property losses of less than 500 euros.

3. The limit referred to in paragraph 2 (a) above shall be Euro1,200 for taxpayers who obtain full returns of work in the following assumptions:

(a) Where they come from more than one payer. However, the limit will be 22,000 euros per year in the following assumptions:

1.o If the sum of the amounts received from the second and remaining payers, by order of amount, does not exceed the amount of 1,500 euros per year.

2.o In the case of contributors whose only performances of work consist of passive benefits referred to in article 17.2.a of this Law and the determination of the applicable type of retention would have been carried out in accordance with the special procedure that is regulated.

(b) When compensatory pensions of the spouse or annuities for foods other than those provided for in article 7 of this Act are obtained.

(c) When the payer of the returns of the work is not obliged to retain according to the statutory provisions.

(d) When full performances of work subject to fixed type of retention are perceived. »

Section 2.a Corporate Tax

Article 70. Coefficients of monetary correction.

One. With effect on the tax periods to be initiated during 2009, the coefficients provided for in article 15.9.a) of the consolidated text of the Law on the Tax on Societies, approved by Royal Legislative Decree 4/2004 of 5 March, according to the time of acquisition of the transmitted property element, shall be as follows:

Two. The coefficients will be applied as follows:

(a) On the purchase price or production cost, attending the year of acquisition or production of the property element. The coefficient applicable to improvements will be for the year in which they were made.

(b) About the recorded amortizations, according to the year in which they were performed.

Three. In the case of updated property elements in accordance with Article 5 of the Royal Decree-Law 7/1996 of 7 June, the coefficients shall be applied on the acquisition price and on the recorded amortizations corresponding to the same, without taking into account the amount of the net increase of value resulting from the update operations.

The difference between the amounts determined by the application of the provisions of the preceding paragraph shall be reduced in the amount of the previous value of the property element and the result shall apply, as appropriate, the coefficient referred to in article 15, paragraph 9 (c), of the consolidated text of the Law on the Tax on Societies.

The amount resulting from the operations described in the preceding paragraph shall be reduced by the net increase of value derived from the update operations provided for in the Royal Decree-Law 7/1996, the positive difference thus determined the amount of the monetary depreciation referred to in article 15, paragraph 9, of the consolidated text of the Companies Tax Act.

To determine the previous value of the updated heritage element, the values that have been considered for the purposes of applying the coefficients set out in paragraph 1 shall be taken.

Article 71. Fractured payment of the Societies Tax.

In respect of the tax periods that begin during 2009, the percentage referred to in article 45, paragraph 4, of the consolidated text of the Law on the Tax on Societies, approved by the Royal Legislative Decree 4/2004 of 5 March, will be 18 per cent for the mode of payment provided for in paragraph 2 thereof. The deductions and bonuses referred to in this section shall include all others that apply to the passive subject.

For the modality provided for in article 45, paragraph 3, of the consolidated text of the Society Tax Law, the percentage will be the result of multiplying by five sevenths the type of rounded by default.

They shall be obliged to apply the modality referred to in the preceding paragraph to the passive subjects whose volume of operations, calculated in accordance with article 121 of Law 37/1992 of 28 December, of the Added Value Tax, has exceeded the amount of 6,010,121,04 euros for the twelve months prior to the date of the start of the tax periods in 2009.

Section 3.a Local taxes

Article 72. Property Tax.

One. With the effect of 1 January 2009, all the cadastral values of real estate will be updated through the application of coefficient 1.02. This coefficient shall be applied in the following terms:

(a) In the case of real property valued according to the data collected in the Real Estate Catastro, the value assigned to such property will be applied for 2008.

(b) In the case of catastrophic values notified in the 2008 period, obtained from the application of partial securities positions approved in the aforementioned period, shall be applied on such values.

(c) In the case of real property that had suffered alterations of its characteristics according to the data in the Inmobiliario Catastro, without such variations having been effective, the mentioned coefficient will apply on the value assigned to such properties, under the new circumstances, by the Directorate General of the Catastro, with application of the modules that had served as the basis for the establishment of the cadastral values of the rest of the real estate of the municipality.

(d) In the case of rustic properties that are valued, with effects 2009, according to the provisions of paragraph 1 of the first transitional provision of the consolidated text of the Law of the Inmobiliario Catastro, the coefficient will only be applied on the catastral value in force in the year 2008 for the land of the property not occupied by the buildings.

Two. The catastrophic values obtained from the application of the Total Values Papers approved between 1 January 1999 and 30 June 2002, as well as the values resulting from the Partial Values Agreements approved from the first of the dates indicated in the municipalities where the second section of Law 53/1997, of 27 November, is partially amended,

Three. The increase in the catastrophic values of the rustic real estate provided for in this article will have no effect on the tax base limit of the farms that condition the inclusion in the Agrarian Special Regime of the Social Security of Workers by Propia Account, which will continue to be governed by its specific legislation.

CHAPTER II

Indirect taxes

Single section. Tax on Parental Transmissions and Documented Legal Acts

Article 73. Scale by transmissions and rehabilitations of large and nobility titles.

With effect from 1 January 2009, the scale referred to in article 43, paragraph 1, of the consolidated text of the Law on the Tax on Parental Transmissions and Documented Legal Acts, adopted by Royal Legislative Decree 1/1993 of 24 September, will be as follows:

CHAPTER III

Other Tributes

Article 74. Rates.

One. The fixed rates of the State Treasury rates are raised from 1 January 2009 to the amount resulting from the application of coefficient 1.02 to the required amount during 2008, taking into account the provisions of article 74.One of Law 51/2007 of 26 December of the General Budgets of the State for the year 2008.

Except as provided for in the previous paragraph, the rates that had been created or subject to specific updating by standards issued in 2008.

The rates required by the Directorate-General for Road Transport provided for in article 27 of Act No. 13/1996 of 30 December on Fiscal, Administrative and Social Measures shall, once the above coefficient is applied, be adjusted to two decimals by default if the third decimal is less than five and by excess, otherwise.

Two. With regard to the port rates regulated by Act No. 48/2003 of 26 November on the economic regime and the provision of services of the ports of general interest, they are exempt from the application of the increase provided for in paragraph One at the rate for the special use of the public domain in the exercise of commercial, industrial and service activities, as provided for by this Law a specific regime of updating for the same.

Three. Fixed rates are considered for those who are not determined by a percentage of the base or whose basis is not valued in monetary units.

Four. The fixed rates and amounts set out in article 3, paragraph 4, of the Royal Decree-Law 16/1977 of 25 February, which regulates the criminal, administrative and tax aspects of the games of luck, envite or random, in the amount required during the year 2008, in accordance with article 74.

Article 75. Rates for the issuance of the National Document on Electronic Identity and Passport, as well as certain documents on immigration and aliens.

With effect of 1 January 2009 and indefinite validity, the following rates are amended:

One. Section 6 of Act No. 84/1978 of 28 December amending the issuance rate of the National Identity Document, which reads as follows:

"Article 6. Tax fee.

The tax fee required by the issuance of the National Identity Document will be 10 euros. Excesses of the cost of the expedition, if they exist, will be borne by the General Budgets of the State. »

Two. The amount of the rate per issue of the Passport, regulated by Decree 466/1960 of 10 March, is established in 20 euros.

Three. The concepts of fees 4.1, 4.2, 4.5 and 5.8 of the annex to Order PRE/3654/2007 of 14 December, which establishes the amount of fees for the granting of administrative authorizations, issuance of immigration and alien documents, or processing of border visas, shall be drafted as follows:

Article 76. Central Traffic Headquarters rates.

With effect from 1 January 2009 and indefinite validity, article 6 of Law 16/1979 of 2 October on Central Traffic Headquarters Rates is amended to read as follows:

"Article 6. Tax fee.

The rates will be required according to the following rates:

Article 77. Quantification of the rate per reservation of the radioelectric public domain.

One. The radio-electric public domain reserve rate established by Act No. 32/2003 of 3 November, General of Telecommunications, is to be calculated by the expression:

T = [N × V] / 166,386 = [S(km²) × B (kHz) × F (C₁C₂C₃C₄C₅] / 166,386

Where:

N = is the number of radio-electric reserve units (URR) that is calculated as the product of S × B, that is, area in square kilometers of the service area, by bandwidth expressed in kHz.

V = is the value of the RCU, which is determined according to the five C coefficients, established in the General Telecommunications Act, and whose quantification, in accordance with that Law, shall be established in the General Budgets of the State Act.

F (C₁C₂C₃C₄C₅) = is the function that relates the five coefficients Ci. This function is the product of the five coefficients indicated above.

The amount, in euros, to meet in connection with this annual rate will be the result of dividing between the type of conversion contemplated in Law 46/1998, of 17 December, of Introduction of the Euro, the result of multiplying the amount of radio reserve units of the public domain reserved for the value assigned to the unit:

T = [N × V] / 166,386 = [S(km²) × B (kHz) × F (C₁ × C₂ × C₃ × C₄ × C₅] / 166,386

In cases of radio-electric public reserves affecting the entire national territory, the value of the area to be considered for the calculation of the rate is the extension of the rate, which according to the National Statistical Institute is 505,990 square kilometres.

In the relevant radio communications services, the area to be considered may include, where appropriate, the area for the Spanish territorial sea. To set the value of the C parameters₁ a C₅ In each radio communication service, the meaning assigned to them by Act No. 32/2003 of 3 November, General of Telecommunications and the regulations that develop it has been taken into account.

These five parameters are as follows:

1.o Coefficient C₁: Degree of use and congestion of different bands and in different geographical areas. The following concepts are valued:

Number of frequencies by concession or authorization.

Urban or rural areas.

Service zone.

2. Coefficient C₂: Type of service for which it is intended to be used and, in particular, if it is prepared for those who provide it the public service obligations contained in Title III of the General Telecommunications Act. The following concepts are valued:

Support to other networks (infrastructure).

Third-party benefit.

Self-prestation.

Telephone services with exclusive rights.

Broadcasting services.

3.o Coefficient C₃: Band or sub-band of the spectrum. The following concepts are valued:

Radioelectric characteristics of the band (width for requested service).

Gang usage forecasts.

Exclusive or shared use of the sub-band.

4.o Coefficient C₄: Equipment and technology used. The following concepts are valued:

Conventional networks.

Random allocation networks.

Radiolink modulation.

Radiation diagram.

5.o Coefficient C₅: Economic value derived from the use or use of the reserved public domain. The following concepts are valued:

Non-commercial experiences.

Economic profitability of service.

Social interest of the band.

Uses derived from market demand.

Population density.

Considering the different factors affecting the determination of the rate, various modalities have been established for each service to each of which an identification code is assigned.

The following are the weighting factors of the different coefficients, as well as their possible value margin for reference value. This reference value is that which is taken by default, which is applied in cases where, by the nature of the service or the reservation made, the corresponding parameter is not applicable.

Coefficient C₁: This parameter takes into account the degree of occupation of different frequency bands for a given service. To this end, a tabulation has been made on frequency margins, the lower and upper ends of which include bands typically used in the respective services. It also contemplates this parameter the geographical area of use, usually distinguishing between areas of high interest and high use, which are assimilated to large urban concentrations, and areas of low interest and low utilization as rural environments may be. It is part of a unitary or reference value for the less congested bands and in low-use geographical areas, raising the relative cost up to a maximum of two for these concepts for the most demanded frequency bands and in areas of high interest or use.

Coefficient C₂: This coefficient makes a distinction between self-imposed networks and those aimed at providing third parties with a radio communication service with economic counterfeiting. The latter have taken into account the consideration in their case of public service, taking into account in the value of this coefficient the public service bonus set out in Annex I to Law 32/2003 of 3 November, General of Telecommunications, which is included in the value set for this parameter.

Coefficient C₃: With the C coefficient₃ The possible modalities of granting the radio-electric public domain reservation of a certain frequency or sub-band of frequencies are considered, exclusively or shared with other users in a given geographical area. These possibilities are applicable in the case of mobile service. For other services, the reservation of radioelectric public domain must be exclusively by the nature of the same. Those reservations requested in non-serviceable bands, depending on the usage trends and forecasts of the National Frequency Attribution Table (CNAF), are penalized at a higher rate, in order to promote the trend towards the harmonization of radioelectric uses, which is reflected in the assessment of this coefficient.

Coefficient C₄: With this coefficient it is possible to ponder in a different way the different technologies or systems used, favoring those that make a more efficient use of the radio spectrum with respect to other technologies. Thus, for example, in mobile networks, the use of channel random allocation systems against traditional fixed allocation systems is encouraged. In the case of radiolinks, the type of modulation used is a determining factor in assessing the transmission capacity of information per unit of bandwidth and this has been taken into account in a general manner, considering the technologies available according to the frequency band. The new sound broadcasting and digital television systems have been contemplated in radio broadcasting, as well as analog classics.

Coefficient C₅: This coefficient considers the aspects of social relevance of a particular service compared to other services of similar nature from the radioelectric point of view. It also contemplates the relative economic interest or profitability of the service rendered, taxing more per unit of bandwidth those services of high interest and profitability compared to others that, while similar from the radioelectric point of view, offer a very different profitability and have different consideration from the point of view of social relevance.

In radio broadcasting, given the peculiarities of the service, it has been considered a determining factor in setting the rate of a certain radio-electric public domain reserve, population density within the service area of the station considered.

When the frequency reserve is intended for the production of experimental and uninterrupted emissions for the holder of the same, or other purpose than the research and development of new technologies for a limited and defined period of time, the value of the C5 coefficient in these cases will be 15% of the overall value.

Calculation of the rate per reservation of radioelectric public domain.

Radio services and modalities considered

The following groups or classifications are considered:

1. Mobile services.

1.1 Earth mobile service and other partners.

1.2 Land mobile service with national coverage.

1.3 Automatic mobile phone systems (TMA).

1.4 Maritime mobile service.

1.5 Aircraft mobile service.

1.6 Mobile satellite service.

2. Fixed service.

2.1 Fixed service point to point.

2.2 Fixed service point to multipoint.

2.3 Satellite fixed service.

3. Broadcasting Service.

3.1 Sound broadcasting.

Long wave and medium wave sound broadcasting (OL/OM).

Short-wave sound broadcasting (OL).

Sound broadcasting with frequency modulation (FM).

Earth digital sound broadcasting (T-DAB).

3.2 Television.

Television (analogue).

Terrestrial digital television (DVB-T).

3.3 Radio broadcasting services.

4. Other services.

4.1 Radionavigation.

4.2 Radiodetermination.

4.3 Radiolocation.

4.4 Satellite services, such as space research, space operations and others.

4.5 Services not covered in previous sections.

Taking into account these radio-electric service groups, possible frequency bands for service delivery and the five coefficients with their corresponding concepts or factors to be considered to calculate the rate of different radio-electric domain reserves of a given service, the following modalities are obtained.

1. Mobile services

1.1 Earth mobile service and associated services. – This classification includes radio-electric public domain reserves for terrestrial mobile networks and other modalities such as port and boat movement operations and narrow-band monochannel links.

The five parameters set out in article 73 of the General Telecommunications Act require the distinction in networks of the terrestrial mobile service, at least the following modalities, and differentiatedly evaluate the criteria for setting the rate of a particular reservation.

Each modality has tabulated the frequency margins that need to be distinguished for the purpose of calculating the rate to take into account the relative occupation of the different frequency bands and other aspects contemplated in the General Telecommunications Law, such as the suitability or not of a certain frequency band for the service considered.

Within these frequency margins, radio-electric public domain reserves will only be granted in the frequencies bands reserved at the CNAF to the service considered.

In general, for mobile service networks, for the purpose of calculating the rate, the modality of geographical area of high use, provided that the coverage of the network comprises, in whole or in part, populations with more than 50,000 inhabitants. For networks with frequencies in different bands the concept of geographical area will be applied independently for each of them.

1.1.1 Mobile service fixed assignment/shared frequency/low-use area/self-prestation. - In these cases, the surface to be considered is the one in the corresponding radio-electric public domain reserve, with a minimum surface of 1000 square kilometres.

The bandwidth (kHz) to be taken into account is the result of multiplying the value of channeling (12.5 kHz, 25 kHz, etc.) by the number of frequencies used.

1.1.2 Mobile service fixed assignment/shared frequency/high-use area/self-prestation. – In these cases, the area to be considered is the one contained in the corresponding radio-electric public domain reserve, with a minimum area of 1,000 square kilometres.

The bandwidth (kHz) to be taken into account is the result of multiplying the value of channeling (12.5 kHz, 25 kHz, etc.) by the number of frequencies used.

1.1.3 Fixed mobile service/exclusive frequency/low-use/self-imposed area. – In these cases, the area to be considered is the one contained in the corresponding radio-electric public domain reserve, with a minimum area of 1,000 square kilometres.

The bandwidth (kHz) to be taken into account is the result of multiplying the value of channeling (12.5 kHz, 25 kHz, etc.) by the number of frequencies used.

1.1.4 Fixed mobile service/exclusive frequency/high-use/self-release area. – In these cases, the area to be considered is the one contained in the corresponding radio-electric public domain reserve, with a minimum area of 1,000 square kilometres.

The bandwidth (kHz) to be taken into account is the result of multiplying the value of channeling (12.5 kHz; 25 kHz, etc.) by the number of frequencies used.

1.1.5 Mobile service fixed assignment/exclusive frequency/any area/prestation to third parties. – In these cases the surface to be considered is the one in the corresponding radioelectric public domain reserve, establishing a minimum surface of 1000 square kilometres.

The bandwidth (kHz) to be taken into account is the result of multiplying the value of channeling (12.5 kHz, 25 kHz, etc.) by the number of frequencies used.

1.1.6 Mobile Service Allocation/Exclusive Frequency/any area/authorisation. – In these cases the surface to be considered is the one in the corresponding radio-electric public domain reserve, with a minimum surface of 1,000 square kilometres.

The bandwidth (kHz) to be taken into account is the result of multiplying the value of channeling (12.5 kHz, 25 kHz, etc.) by the number of frequencies used.

1.1.7 Mobile service random assignment/exclusive frequency/any area/prestation to third parties. – In these cases the surface to be considered is the one contained in the corresponding radioelectric public domain reserve, establishing a minimum surface of 1000 square kilometres.

The bandwidth (kHz) to be taken into account is the result of multiplying the value of channeling (12.5 kHz, 25 kHz, etc.) by the number of frequencies used.

1.1.8 Radiobusqueda (exclusive frequency/any area/prestation to third parties). – In these cases the surface to be considered is the one contained in the corresponding radio-electric public domain reserve.

National networks will apply the surface value for the entire national territory.

The bandwidth (kHz) to be taken into account is the result of multiplying the value of channeling (12.5 kHz or 25 kHz) by the number of frequencies used.

1.1.9 Short-range devices: Remotes, alarms, data, etc./any area.– Short-range device installations are included in this heading as long as the network coverage radio is not more than 3 kilometres in any direction.

For networks of greater distance of coverage the corresponding modality will be applied between the rest of mobile services or fixed service depending on the nature of the service and characteristics of the network.

The bandwidth (kHz) to be taken into account is the result of multiplying the value of channeling (10, 12,5, 25 or 200 kHz) in cases that are applicable by the number of frequencies used. If the technical characteristics of the emission do not apply any channeling between the indicated ones will be taken the bandwidth of the denomination of the emission or, failing, the totality of the corresponding frequency band intended in the CNAF for these applications will be applied.

1.2 National Mobile Service.

1.2.1 Mobile service fixed assignment/national coverage networks.

This heading shall apply only to the qualifications granted prior to 1 January 2007 and until the end of its term of validity. In the event of an extension, at the end of the application of the above-mentioned titles, the modality codes that in each case correspond to those included in headings 1.1.5 or 1.1.6 shall be applied.

In such cases, the area to be considered is that of the entire national territory.

The bandwidth (kHz) to be taken into account is the result of multiplying the value of channeling (12.5 kHz, 25 kHz, etc.) by the number of frequencies used.

1.2.2 Mobile service random assignment/national coverage networks. – In these cases the area to be considered is that of the entire national territory.

The bandwidth (kHz) to be taken into account is the result of multiplying the value of channeling (12.5 kHz, 25 kHz, another) by the number of frequencies used.

1.3 Automatic and associated mobile phone systems. – The modalities contemplated in this section are as follows:

1.3.1 Rural cellular access telephone system. – The area to be considered is that of the entire national territory. –The bandwidth (kHz) to take into account is the result of multiplying the value of channeling (25 kHz) by the number of frequencies used.

1.3.2 GSM system (prestation to third parties). – The area to be considered is that of the entire national territory.

The bandwidth (kHz) to be taken into account is the result of multiplying the value of the channeling (200 kHz) by the number of frequencies used.

1.3.3 DCS-1800 system (prestation to third parties). – The area to be considered is that of the entire national territory.

The bandwidth (kHz) to take into account is the result of multiplying the value of channeling (200 kHz) by the number of frequencies used.

1.3.4 This epigraph has been suppressed.

1.3.5 Third Generation Mobile Communications, UMTS System (Third-party loan). – The area to be considered is that of the entire national territory.

The bandwidth (kHz) to be taken into account is the result of multiplying the value of channeling (5,000 kHz) by the number of frequencies used.

1.3.6 European railway communications system (GSM-R). – The surface to be considered is that which results from multiplying the sum of the lengths of all the road routes, expressed in kilometers, by a width of ten kilometers.

The bandwidth to be taken into account will be the total bandwidth assigned in kHz.

1.3.7 Mobile communications on board aircraft. – The surface to consider will be 1 Km² for every 200 aircraft or fraction.

The bandwidth to be considered will be the total assigned depending on the technology used.

1.4 Maritime mobile service.

1.4.1 Maritime mobile service. - In these cases, the surface to be considered is the one contained in the corresponding radio-electric public domain reserve.

The bandwidth (kHz) to be taken into account is the result of multiplying the value of channeling (12.5 kHz, 25 kHz, etc.) by the number of frequencies used.

1.5 Aircraft mobile service.

1.5.1 Aircraft mobile service. - In these cases, the surface to be considered is the one contained in the corresponding radio-electric public domain reserve.

The bandwidth (kHz) to be taken into account is the result of multiplying the value of channeling (12.5 kHz, 25 kHz, etc.) by the number of frequencies used.

1.6 Mobile satellite service. – In this service the area to be considered will be corresponding to the area of the authorized service area of the system or station in question which, in general, will be the area for the entire national territory, establishing a minimum area of 100,000 square kilometres.

The bandwidth for each frequency will be the bandwidth reserved to the system, computing the sum of the bandwidth of the ascending link and the bandwidth of the descending link.

1.6.1 Mobile satellite communications service.

1.6.2 Mobile satellite service.

1.6.3 Mobile satellite service.

2. Fixed service

2.1 Fixed service point to point. – In each of the tabulated frequency margins the service considered can be provided only in the frequencies bands intended for it in the CNAF.

Generally speaking, for fixed service frequency reserves point-to-point, it will apply for the purpose of calculating the rate, the modality of geographical area of high use in those individual vains or that are part of an extensive radio-electric network, in which one of the extreme stations of the vanos are located in some population with more than 250,000 inhabitants, or in their proximity or the main beam of the radio links the atraviese to their receiving station. Also, for those radio links where double polarization frequencies are booked, it will be considered, for the purpose of calculating the rate, as if it were to reserve a double number of frequencies.

For each frequency used it will take its nominal value regardless of whether the ends of the channel could comprise two of the margins of tabulated frequencies, and if this nominal value matches one of those ends, the margin will be taken for which a lower amount of the rate results.

2.1.1 Fixed service point-to-point/exclusive frequency/low-use/self-prestation zone. –The surface to consider is the one that results from multiplying the sum of the lengths of all the vains for a width of one kilometer.

The bandwidth (kHz) to take into account is the result of multiplying the value of the channeling used or, in its absence, the bandwidth will be taken, according to the name of the broadcast, by the number of frequencies used in each direction of the radiolink.

2.1.2 Fixed service point-to-point/exclusive frequency/high-use area/self-prestation. –The surface to consider is the one that results from multiplying the sum of the lengths of all the vains for a width of one kilometer.

The bandwidth (kHz) to take into account is the result of multiplying the value of the channeling used, or, in its absence, will take the bandwidth, according to the name of the broadcast, by the number of frequencies used in each direction of the radiolink.

2.1.3 Fixed service point-to-point/exclusive frequency/low-use/budgeting area to third parties. – This epigraph has been suppressed.

2.1.4 Fixed service point-to-point/exclusive frequency/high utilization zone/prestation to third parties. – This epigraph has been suppressed.

2.1.5 Fixed service point-to-point/exclusive frequency/prestation to third parties. –The surface to consider is the one that results from multiplying the sum of the lengths of all the vains for a width of one kilometer.

The bandwidth (kHz) to take into account is the result of multiplying the value of the channeling used or, in its absence, the bandwidth will be taken, according to the name of the broadcast, by the number of frequencies used in each direction of the radiolink.

2.1.6 Fixed service point-to-point/spectrum reserves throughout the national territory. – In these cases, for the purpose of calculating the corresponding rate, the reserved bandwidth, expressed in kHz, will be considered on the surface of the entire national territory, regardless of the reuse of all or part of the assigned band.

2.1.7 Fixed service point to point, high density in any area. – For fixed service point to high density point, in frequencies not coordinated with other authorizations of use in the same area, for the purpose of determining the surface to be considered in the calculation of the rate, for each authorized vain will be the result of multiplying a nominal length of 1.5 kilometers by a width of one kilometer.

The bandwidth (expressed in kHz) to be taken into account for each authorized channel is corresponding to the channeling used in the link (50 MHz, 100 MHz, another). In its default it will take the bandwidth of the denomination of the emission.

2.1.8 Fixed point-to-point service/spectrum reserves of provincial or multi-provincial scope. – This section applies to spectrum reserves for one or more provinces with a maximum limit of coverage area of 250,000 square kilometers.

In these cases, for the purpose of calculating the corresponding rate, the reserved bandwidth, expressed in kHz, will be considered on the covered surface, regardless of the reuse of all or part of the assigned band.

2.2 Fixed service point to multipoint. – In each of the tabulated frequency margins the service considered can be provided only in the frequencies bands intended for it in the CNAF.

For each frequency used it will take its nominal value regardless of whether the ends of the channel could comprise two of the margins of tabulated frequencies, and, if this nominal value coincides with one of those ends, it will take the margin for which it results a lower amount of the rate.

2.2.1 Fixed service point to multipoint/exclusive frequency/any area/authorisation. –The area to be considered is the service area indicated in the corresponding radio-electric public domain reserve, with the exception indicated in 2.2.4.

The bandwidth (kHz) to be taken into account will be obtained from the emission characteristics.

2.2.2 This epigraph has been suppressed.

2.2.3 Fixed service point to multipoint/exclusive frequency/any area/prestation to third parties. –The area to be considered is the service area indicated in the corresponding radio-electric public domain reserve, with the exception indicated in 2.2.4.

The bandwidth (kHz) to be taken into account will be obtained from the emission characteristics.

2.2.4 Fixed service point to multipoint/band reserves throughout the national territory. – In these cases, for the purpose of calculating the corresponding rate, the reserved bandwidth, expressed in kHz, will be considered on the surface of the entire national territory, regardless of the reuse of all or part of the assigned band.

2.2.5 Fixed service point to multipoint/spectrum reserves of provincial or multiprovincial scope. – This section applies to spectrum reserves for one or more provinces with a maximum limit of coverage area of 250,000 square kilometers.

In these cases, for the purpose of calculating the corresponding rate, the reserved bandwidth, expressed in kHz, will be considered on the covered surface regardless of the reuse of all or part of the assigned band.

2.3 Satellite fixed service. – In this service the area to be considered will be corresponding to the area of the service area which, in general or if not specified, will correspond to the surface of the entire national territory, with the minimum specified. For the different types of link, each heading details the area to be considered.

The bandwidth for each frequency will be the bandwidth of the denomination of the emission, computing both the bandwidth of the ascending link and the bandwidth of the descending link, each with their respective surfaces; except for the connection links of radio broadcasting that, because of an ascending link, only the bandwidth of the same will be computed.

The following sections are considered within this service:

2.3.1 Fixed satellite service point-to-point, including connection links to mobile satellite service, and satellite radio broadcasting (point to multipoint).

The point-to-point links for both the ascending link and the descending link will be considered an area of 31,416 square kilometres, in this category the radio broadcasting contribution links are considered included point-to-point. The point to multipoint contribution links shall be considered an area of 31,416 square kilometres, for the ascending link and for the descending link shall be considered the area of the service area which, in general, shall correspond to the surface of the entire national territory, establishing a minimum area of 100,000 square kilometres.

2.3.2 Connection links to the satellite radio broadcasting service (sound and television). –For the connection links (in ascending link) of the radio broadcasting service (sound and television) by satellite, an area of 31,416 square kilometres will be considered.

2.3.3 VSAT (satellite data business networks), SNG (mobile satellite reporting links), SIT (satellite terminal networks) and SUT (satellite terminal networks).

The area of the service area will be considered, with a minimum area of 10,000 square kilometres. In the case of SNG links, an area of 20,000 square kilometres shall be considered. In all the above cases, the surface will be taken both in transmission and in reception and all regardless of the number of transmitters and receivers.

3. Broadcasting Service

The calculation of the amount to be met in respect of annual rate per reserve of any frequency will take into account considerations for broadcasting services (sound and television):

In general, surface S, expressed in square kilometres, will be the corresponding area of service. Therefore, in the broadcasting services (sound and television) aimed at national coverage, the area of the service area will be the area of the national territory and the rate will not be evaluated individually by each of the stations necessary to achieve such coverage. Likewise, in the broadcasting services (sound and television) that are aimed at the autonomic coverage, the area of the service area will be the area of the corresponding autonomic territory and the rate will not be evaluated individually by each of the stations necessary to achieve such coverage.

The B band width, expressed in kHz, is indicated for each type of service in the following sections, as it depends on the technical characteristics of the emission. In the broadcasting services (sound and television) that are intended for national coverage or any of the autonomic coverage, the bandwidth to be applied will be corresponding to the type of service in question and equal to that to be applied to an individual service station.

In the modes of service for which the geographical area is qualified, it is considered to be an area of high interest and profitability when the service area includes some provincial or autonomic capital or other localities with more than 50,000 inhabitants.

In the broadcasting service, the C parameter₅ is weighted by a factor k, function of population density, obtained on the basis of the current population census, in the service area, according to the following table:

Frequency bands for the provision of sound and television broadcasting services shall, in any case, be specified in the National Frequency Attribution Table (CNAF); however, the Secretary of State for Telecommunications and the Information Society may authorize temporary or experimental uses other than those indicated in the table that do not cause disturbances to legally authorized radio stations. Such uses, of a temporary or experimental nature, shall also be encumbered with a radio-electric public reserve fee, the amount of which shall be assessed on the basis of the general criteria of the service to which it may be assimilated or, where appropriate, the criteria corresponding to the reserved frequency band.

For the satellite radio broadcasting service (sound and television) only the ascending links from the national territory, which are defined as connection links within section 2.3.2 of the satellite fixed service.

The satellite radio broadcasting (sound and television) contribution links are equally classified as such under section 2.3.1 of the satellite fixed service.

3.1 Sound broadcasting. – The following modalities are distinguished for the purpose of calculating the rate per radio-electric reserve:

3.1.1 Long wave and medium wave sound broadcasting. –The S surface, expressed in square kilometres, will be the corresponding area of service.

The B band width will be 9 kHz in the modulation systems with double lateral band and 4,5 kHz in the modulation systems with single lateral band.

3.1.2 Short-wave sound broadcasting. - In the case of short-wave sound broadcasting, surface S, expressed in square kilometres, is considered to correspond to the area of the national territory and that population density corresponds to national population density.

The B band width will be 9 kHz in the modulation systems with double lateral band and 4,5 kHz in the modulation systems with single lateral band.

3.1.3 Sound broadcasting with frequency modulation in areas of high interest and profitability. –The S surface, expressed in square kilometres, will be the corresponding area of service.

The B band width will be 180 kHz in the monophonic systems, 256 kHz in the stereo systems and 300 kHz in the systems with additional subporters.

3.1.4 Sound broadcasting with frequency modulation in other areas. –The S surface, expressed in square kilometres, will be the corresponding area of service.

The B band width will be 180 kHz in the monophonic systems, 256 kHz in the stereo systems and 300 kHz in the systems with additional subporters.

3.1.5 Earth digital sound broadcasting in areas of high interest and profitability. –The S surface, expressed in square kilometres, will be the corresponding area of service.

The band B width will be 1,536 kHz in the UNE ETS 300 401.

3.1.6 Earth digital sound broadcasting in other areas. –The S surface, expressed in square kilometres, will be the corresponding area of service.

The band B width will be 1,536 kHz in the UNE ETS 300 401.

3.2 Television. – The following modalities are distinguished for the purpose of calculating the rate per radio-electric public domain reserve:

3.2.1 Analog television in areas of high interest and profitability. –The S surface, expressed in square kilometres, will be the corresponding area of service.

The band B width will be 8,000 kHz in the systems with the G/PAL standard.

3.2.2 Analog television in other areas. –The S surface, expressed in square kilometres, will be the corresponding area of service.

The band B width will be 8,000 kHz in the systems with the G/PAL standard.

3.2.3 Terrestrial digital television in areas of high interest and profitability. –The S surface, expressed in square kilometres, will be the corresponding area of service.

The band B width will be 8,000 kHz in the systems with the UNE ETS 300 744 standard.

3.2.4 Terrestrial digital television in other areas. –The S surface, expressed in square kilometres, will be the corresponding area of service.

The band B width will be 8,000 kHz in the systems with the UNE ETS 300 744 standard.

3.3 Radio broadcasting services. - The modalities of these services are:

3.3.1 Mobile phone links for reporting and transmission of radio events. – In these cases the surface to be considered is the one contained in the corresponding radioelectric public domain reserve, establishing a minimum surface of 100 square kilometres.

This service is provided in frequency bands below 195 MHz for the purpose at CNAF.

The computable band width for the calculation of the rate is corresponding to the channel used (300 kHz, 400 kHz, another).

3.3.2 Transport links of sound broadcasting programmes between studies and broadcasters. –This service is provided in frequency bands intended for it according to the CNAF.

In these cases the surface to be considered is the result of multiplying the sum of the lengths of all the vains for a width of one kilometer, establishing a minimum surface of 10 square kilometers.

The computable band width for the calculation of the rate is corresponding to the channel used (300 kHz, 400 kHz, another).

3.3.3 Mobile television links (ENG). –This service is provided in frequency bands above 2000 MHz intended for it according to the CNAF.

In these cases, a minimum area of 10 square kilometres is established, irrespective of the number of equipment operating on the same frequency for use throughout the national territory.

The computable band width for the calculation of the rate is the corresponding to the channel used.

4. Other services

Services included in this chapter:

4.1 Radio service. –The surface to be considered in this service will be that of the circle that has as radio the authorized service.

The bandwidth is obtained directly from the emission denomination.

4.2 Radio-Determination Service. –The surface to be considered in this service will be that of the circle that has as radio the authorized service.

The bandwidth is obtained directly from the emission denomination.

4.3 Radiolocation service. –The surface to be considered in this service will be that of the circle that has as radio the authorized service.

The bandwidth is obtained directly from the emission denomination.

4.4 Satellite services, such as space research, space operations and others. – The area to be considered in these services will be the corresponding area of service, with a minimum area of 31,416 square kilometres, both in transmission and in reception.

The bandwidth, both in transmission and in reception, will be required by the system requested in each case.

4.5 Services not covered in previous sections. – For services and systems that may arise and are not contemplated in the preceding paragraphs or to which, reasonably, the above rules cannot be applied, the rate shall be set in each case according to the following criteria:

Comparison with one of the services mentioned above with similar technical characteristics.

Quantity of radioelectric domain technically necessary.

Surface covered by the booking made.

It imports the accrual rate for systems that, under different technologies, are similar in terms of the services they provide.

Two. Regulatory provisions governing the rate by reservation of radioelectric public domain shall remain in force in all that is not contrary to the provisions of this article.

Three. The amount of the annual rate that, in accordance with paragraph 1, of Annex I of the General Telecommunications Law, operators must satisfy for the provision of services to third parties, will be the result of applying the type of 1.25 per thousand to the figure of the gross operating income that they obtain.