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Order Pre/1664/2008 Of 13 June, That Gives Advertising To The Agreement Of Council Of Ministers Whereby It Takes Note Of The Agreement Of The General State Administration With The Department Of Transportation Of Goods From The Committee Was Born...

Original Language Title: ORDEN PRE/1664/2008, de 13 de junio, por la que se da publicidad al Acuerdo de Consejo de Ministros por el que se toma conocimiento del Acuerdo de la Administración General del Estado con el Departamento de Transporte de Mercancías del Comité Nacio...

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TEXT

The Council of Ministers, at its meeting of 13 June 2008 and on a proposal from the Ministers of Justice, Economy and Finance, the Interior, Public Works, Education, Social Policy and Sport, Labour and Immigration and Industry, Tourism and Commerce, has adopted the Agreement which takes cognizance of the Agreement of the General Administration of the State with the Department of Transportation of Goods of the National Committee of the Road Transport of 11 June 2008.

The publication of the said Agreement, which is annexed to this order, is generally known.

Madrid, 13 June 2008. -First Vice-President of the Government and Minister of the Presidency, Maria Teresa Fernández de la Vega Sanz.

AGREEMENT TO TAKE COGNIZANCE OF THE AGREEMENT OF THE GENERAL ADMINISTRATION OF THE STATE WITH THE DEPARTMENT OF GOODS TRANSPORT OF THE NATIONAL ROAD TRANSPORT COMMITTEE OF 11 JUNE 2008

The circumstances in the field of road transport have led to the fact that certain factors in the economic situation have had a particularly negative effect on the road transport sector.

The General Administration of the State, in order to facilitate the recovery and stabilization of the economic activity of road transport, has signed an Agreement dated June 11, 2008 with the Department of Transportation Goods of the National Committee for Road Transport, which contains a series of measures whose implementation and effectiveness must be promoted by the Government. To this end, on a proposal from the Ministers of Justice, the Economy and Finance, the Interior, the Development, Education, Social and Sport, Labour and Immigration, Industry, Tourism and Trade Ministers, the Council of Ministers at its meeting of the June 13, 2008, agrees:

1. To become aware of the Agreement of the General Administration of the State with the Department of Transportation of Goods of the National Committee for Road Transport of 11 June 2008, which is annexed to this Agreement.

2. To urge the ministerial departments and public bodies to carry out or promote the actions necessary for the implementation and effectiveness of the measures contained in the Agreement with the Committee of Transport of Goods of the Committee National of Road Transport.

ANNEX Agreement of 11 June 2008 of the General Administration of the State with the Department of Transportation of Goods of the National Committee for Road Transport

In order to facilitate the transport of goods by road, the adoption of those adjustments and actions that are necessary in the business field to overcome the difficulties generated by the escalation of the the price of diesel and the fall of the activity, the different government departments below mentioned and the Department of Transport of Goods of the National Committee of the Road Transport agree the desirability of adopting the following measures:

1. Ministry of Development Measures aimed at strengthening the commercial bargaining capacity of the transport sector

1.1 Establishment of a rule, under which the obligation for the payment of transport must pay the interest indicated in Law 3/2004 of 29 December, establishing measures to combat late payment in the commercial transactions, if more than 30 days are counted, unless otherwise expressed in written form, from the delivery of the goods to the destination.

The pact to the contrary will be considered null in all cases in which it has an abusive content to the detriment of the porter, according to the rules that, to this effect, points out article 9 of the Law of fight against late payment. 1.2 Establishment of a clause for the automatic updating of the price agreed in the contracts, in the light of the development of the price of diesel, of compulsory application, unless expressly agreed in writing otherwise different. The contras shall be deemed to be void in all cases where it has a clearly abusive content to the detriment of the carrier and shall not have effect when it is contained in general conditions in respect of which the party has not proposed can only show its global acceptance or rejection. Such a clause shall apply from the time of publication in the Official Gazette of the State, including to contracts which, having already been concluded before, are in force at that time. 1.3 Update of compensation for the cessation of vehicles as a result of the carrying out of loading and unloading operations, fixing the amount for each hour of stoppage in the quantity resulting from multiplying by 2 the IPREM (Public indicator of multi-purpose income) /day.

In other words, all the conditions mentioned for this compensation will continue to apply in the current General Conditions of Contracting of the Carriage of Goods by Road approved by the Ministerial Order of 24 April 1997.

Measures to facilitate the restructuring of the sector

1.4 Review of the current Order of support for the abandonment of the activity by elderly people, in order to extend its scope of application from the age of 58, without a higher age limit, and to the hauliers of up to three copies of his authorization, and include those carriers who have the status of a single member of a single-member company, as well as to whom an absolute permanent incapacity has been declared, provided that all cases are met (a) requirements as a general rule in order to be able to receive aid.

In addition, the amount of the aid will be equated which will be able to receive the holders of exclusively enabling authorizations for the performance of transport in light vehicles to the currently established for the holders of authorizations for the conduct of transport without limitation. To this end, the budget allocated to these aids up to a total amount of EUR 60 million will be increased. 1.5 Review of the Ministerial Order regulating the system of authorizations for the carriage of goods by road, eliminating the requirement to have a certain number of drivers depending on the fleet of the company owner carrier and allowing the possibility of increasing and reducing fleet to the carriers of new income on the market, provided that they do not fall below three vehicles and 60 tons of payload during the three years following the obtaining of the authorization. The Order shall also be amended in order to allow the transfer of the authorisation of transport to the capital of a legal person in which the former holder of the authorisation is incorporated, whether it is a single-person company or (a) a number of staff members, as well as the forced heirs of the former authorization holder who do not wish to continue in the activity, may transmit it without having been the same holders of that authority for a specified period of time. 1.6 The adoption of a Ministerial Order establishing the same restrictions on the conduct of cabotage transport in Spain, to which, if necessary, the political agreement adopted by the European Council in this respect will be reached. relationship with the future regulation of access to the transport market.

Measures related to the European Union

1.7 Support at Community level to the agreed positions with the business sector and trade union organisations in relation to the amendment of Regulation (EC) 561/2006 on driving and rest times, in order to introduce the possibility of moving the weekly rest until the twelfth day.

1.8 Defence in the European Union of the establishment of restrictions on cabotage transport, which will allow a better eradication of effective establishment situations in law fraud, in the context of the current debate on of the future Regulation on access to the market for the transport of goods. 1.9 The impetus for greater harmonization of the regulations and inspection criteria followed by the various countries of the European Union. 1.10 Support at Community level to the positions agreed with the sector in relation to the Eurovignette and the charging of infrastructure.

Other measures

1.11 Review of the sanctioning regime provided for in the Law on the Management of Land Transports, in order for a subsequent amendment of the Law, in which the analysis carried out to the effect as well as the criteria which will presumably be laid down in future Community regulations on access to the occupation of road transport operator and the transport market.

To this end, a working group will be set up with the technicians appointed by the National Committee for Road Transport, with which all the relevant issues will be analyzed. 1.12 Elaboration and implementation of the Inspection Plans with the participation of the National Committee for Road Transport, in which the order function of the inspector's activity will be prioritized. 1.13 Review of the Cost Observatory for the carriage of goods by road, in order to update its contents and, where appropriate, to provide for new types of vehicles with special features. The Centre shall be reviewed quarterly. 1.14 Approval and implementation of the Intermodal Transport Plan provided for in the PEIT. 1.15 Improvement of road infrastructure and increase in the number of service areas and rest areas throughout the network. 1.16 Increase in the number of weighing scales across the road infrastructure network. 1.17 Commitment to implement the infrastructure charging directive only for motorway concessions. 1.18 Commitment to the allocation and implementation of the "Transport and Training" Foundation set up by the Council of Ministers Agreement of 18 January 2008. 1.19 Review of the current Ministerial Order for training aid. 1.20 Implementation of a programme of administrative simplification, mainly in the management of road transport authorisations, in order to reduce the costs of companies for this concept. Such a programme would involve the development of e-government procedures via the Internet in the following areas:

Managing internal transport authorizations.

Community License Management. Management of aid to abandonment. Management of training aids.

2. Ministry of Economy and Finance

2.1 Bonification of 50% of the Tax on Economic Activities for Road Transport, for the financial year 2008.

2.2 Reduction in 75% of the insurance premium tax, for the financial years 2008 and 2009. 2.3 Renewal of the current ICO-Ministerio de Fomento Convention on credit to transport companies for 2008 (EUR 300 million) and a commitment to raise the request for economic affairs to the Government's Delegation for Economic Affairs. use of these funds can be extended to the refinancing of working capital. 2.4 Streamline annual and monthly VAT returns, extending the monthly return scheme to all carriers who request it. 2.5 Give a solution to the treatment in the IRPF of the pernocta diet, taking into account its peculiarity and its role in the activity of the road transport sector. 2.6 Defence in the field of the European Union setting a threshold for the taxation of fuels which will make it possible to maintain the competitiveness of the Spanish economy and the road transport sector. 2.7 Commitment to defend professional gas oil in the European Union in the proposal to amend Directive 2003/96. 2.8 The transitional measures that are being reiterated in the Order of modules to reduce the rates in IRPF and VAT will become final. 2.9 Adoption of the necessary measures to resolve doubts and interpretations on the rate of load capacity of vehicles, also providing for appropriate treatment of containers. 2.10 The retention of 1% in the IRPF may be deducted at the end of the year and not on quarterly split payments. 2.11 Adoption of the necessary measures to definitively solve the situation of the courier activity in relation to the Tax on Economic Activities. 2.12 Elaboration of a specific Plan of research of the possible practices of unfair competition in the field of the procurement of road transport by the National Competition Commission, with particular regard to possible sales to losses. Specifically, the alleged abuse of a dominant position in the procurement of roadside aid vehicles will also be envisaged in the said Plan.

3. Ministry of Labour and Immigration

3.1 Differential, without payment of interest, of the contributions to the Social Security by the carriers. Business quotas may be deferred for up to one year and should be subject to them within a maximum of 24 months. This will also apply to the quotas of the autonomous sectors of the road transport sector.

3.2 Reduction of social security contributions through adjustment in the rate for professional contingencies (accident at work and occupational disease), within the framework of the Social Dialogue Table. To the environment of 4%. 3.3 To study the application to the transport sector of the general determinations that result from the work being carried out by the Directorate General of Autonomous Work on the cessation of activity of the workers self-employed, with special consideration when dealing with ages close to the legal retirement age, as well as, where appropriate, the recognition of their specificities in the configuration of the new benefits. 3.4 Study of the priority nature of the application to the transport sector in the provision of aid for the financing of prevention activities for self-employed workers and micro-enterprises, as well as for the generation of a self-diagnosis programme that allows small businesses to discharge bureaucratic costs in the completion of documents proving compliance with the rules on labour risks. 3.5 Implementation of the "RED Directo" programme, which directly bills companies for social security contributions with the resulting savings in management costs. 3.6 Evaluation, within the framework of the Social Dialogue Bureau, of occupational diseases in the transport sector, which will enable the development of prevention programmes, with 50% bonuses for the relocation of the workers concerned and the change in working conditions, and access to the permanent incapacity of workers affected by occupational diseases. 3.7 Evaluation, within the framework of the Social Dialogue Table, of the specific features to be taken into account for transport companies in relation to the reversal of surplus from the Mutual and Occupational Diseases of Accidents to the financing of preventive activities, with the system known as bonus-malus. 3.8 Application of the 3% bonus for the collaboration in the management of social security to those companies that, alone or associated, have sufficient administrative and IT resources to meet the requirements of the collaboration. 3.9 Review, after agreement between the social partners concerned, of the content of Royal Decree 902/2007 of 6 July 2007, by which the transposition of Directive 2003 /88/EC on working time in the transport sector was carried out by: road.

4. Ministry of Education, Social Policy and Sport

4.1 In the field of vocational training, the creation of a medium-grade training cycle for drivers of road transport will be addressed as soon as the professional qualifications to be used are approved. reference for that title. To this end, the Ministry of Education will act with due coordination with the Ministries of Development and Interior. In any case, this cycle will provide for the requirements for the students who pass it to obtain the Certificate of Professional Fitness (CAP).

4.2 The updating of the contents of the title of Higher Vocational Training in Transport Management will be dealt with immediately, so that the entire catalogue of minimum learning will be included in its catalogue. of the matters required by the Community rules on compliance with the requirement of professional training, in order to enable pupils who pass this training to be automatically recognised as such.

5. Ministry of the Interior

5.1 The modification or regulatory development which, if necessary, will be necessary to homogenise the criteria for the establishment of restrictions on the movement of heavy vehicles, in order to establish corridors, will be promoted. alternatives.

5.2 From next July, a joint working group will be set up with the participation of the Directorate General of Traffic, the Servei Catala de Transit, the Traffic Directorate of the Basque Government and the representatives of the transport operators to improve the coordination and coherence of the restrictions on the movement of heavy goods vehicles to be applied in 2009. 5.3 Among the violations included in the system of permit by points, is "to stop or park in the lanes destined for the urban transport" that carries the loss of 2 points. In the light of the low incidence of road safety and the disruption of urban goods distribution, the next regulatory review will propose its abolition. 5.4 The General Directorate of Traffic is committed to the fact that the different Transport Associations can present, in the Traffic Headquarters, the files related to their associates, without the need to provide their original documents. 5.5 Commitment to include the National Committee for Road Transport in the work groups of the Higher Road Safety Council on education and training of drivers and the study of the implementation of the permit and license of driving by points.

6. Ministry of Justice

6.1 Reinitiated, as soon as possible, the procedure for the approval of the draft law on the land transport contract, which could not be completed in the last legislature.

The contract price update clause should be included in the draft contract in line with the increase in the price of diesel, the compensation for the cessation of the carriage of goods by road, and the other matters of a commercial nature which have previously been established in accordance with other measures provided for in this Agreement.

7. Ministry of Industry, Tourism and Trade

7.1 Weekly publication of the indices of variation of the average gas oil prices, with the lowest possible decrease in the period to which the publication refers.

7.2 Impuling the use of alternative fuels. 7.3 Establishment, in the field of action of the IDAE, of an agreement with the representative associations of road transport, at national level, for the execution of efficient driving courses from an energy point of view. 7.4 Implementation of an aid line for investment in road transport fleet management systems that will contribute effectively to the reduction of energy consumption in the field of action of the IDAE. 7.5 Development, in the field of action of the IDAE, of a line of grants for the promotion of investment in the renewal of fleets with road transport vehicles employing alternative fuels to diesel (electric, hybrids, gas ...).