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Royal Decree 169 / 2008, Of 8 Of February, By Which Is Delimits The Area Of Promotion Economic Of Canary Islands.

Original Language Title: Real Decreto 169/2008, de 8 de febrero, por el que se delimita la zona de promoción económica de Canarias.

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By Royal Decree 569/1988 of 3 June 1988, a zone of economic promotion was established and defined in the Canary Islands, in accordance with the provisions of Royal Decree 1535/1987 of 11 December 1987 on the regulation of the Law on the 50/1985 of 27 December. Subsequently, Royal Decree 1327/2001 of 30 November amended Articles 5.1, 10 and 13 of Royal Decree 569/1988 to bring it into line with the Community authorisation of 11 April 2000. Furthermore, on 4 March 2006, the Official Journal of the European Union published the Guidelines on State Aid for Regional Finality for the period 2007 to 2013 (2006/C 54/08), in accordance with the commitment made by the Member States in the Stockholm European Council on the overall reduction of State aid and its reorientation towards horizontal objectives of common interest. They set out the rules according to which State aid is intended to promote the development of the poorest regions, determine the criteria for the selection of regions eligible for regional aid and define the criteria for regional aid. ceilings of the same. In addition, point 38 of those guidelines provides that an investment project may obtain regional aid which, before the start of the work of the investment project, is submitted, the application must be submitted and the national authority shall confirm in writing that the project, in principle, can receive the aid. Article 3.1 (b) of Regulation (EC) No 1628/2006 of 24 October 2006 on the application of Articles 87 and 88 of the EC Treaty to regional investment aid, published in the Official Journal of the European Union on 1 November 2006 of 2006, provides for the possibility of exemption from the notification requirement of Article 88 (3) of the Treaty to schemes which include an express reference to that Regulation, citing its title and publication references in the Official of the European Union. Thus, Royal Decree 182/2007 of 9 February amended Articles 1, 2, 5.1 and 9 of the Royal Decree on the delimitation of the area in order to adapt it to the Community authorisation of 20 December 2006 which established a maximum incentive for the whole of the autonomous community of 40% until 31 December 2013, in accordance with the Guidelines on State Aid for Regional Finality for the period 2007-2013 (2006/C 54/08) and the Decision of the European Commission State Aid N 626/2006, of 20 December 2006. Finally, Royal Decree 899/2007 of 6 July adopted the new Regulation on regional incentives for the development of Law 50/1985 of 27 December, which, together with all the previous amendments, makes it necessary to adopt a new real Decree of delimitation of this area which is adapted to the new regulation and allows to continue to apply the regional incentive policy, in order to promote its development, promoting economic activity, adapting it to the new Community guidelines and within the limits approved by the Decision of the European Commission State aid N 626/2006 of 20 December 2006. The actions of the Rector Council of Regional Incentives and of the Autonomous Community of the Canary Islands, as provided for in Royal Decree 889/2007 of 6 July 2007, have been fulfilled, prior to the knowledge of the Government's Delegation for Economic Affairs. approving the Regulation on regional incentives for the development of Law 50/1985 of 27 December. In its virtue, on a proposal from the Minister for Economic Affairs and Finance and after deliberation by the Council of Ministers at its meeting on 8 February 2008,

D I S P O N G O:

Article 1. Geographical scope.

According to the provisions of Royal Decree 899/2007 of 6 July, which approves the Regulation of regional incentives, of the development of Law 50/1985 of 27 December, the area of economic promotion of the The Canary Islands, which comprises the whole territory of the Autonomous Community.

Article 2. Maximum amount of aid.

1. The regional incentives which may be granted in that area may not exceed the maximum percentage of 40% of the investment approved.

2. No project benefiting from regional incentives under this royal decree may be the beneficiary of other financial aid, whatever its nature and the body or administration which grants them, which are accumulated as provided for in the This Regulation exceeds the maximum aid limits laid down in the Spanish Regional Aid Map.

Article 3. Priority areas.

1. In the area of economic promotion of the Canary Islands, priority areas will be indicated in the annex to this royal decree.

2. The Government's Delegated Committee for Economic Affairs, on a proposal from the Rector Council, prior to the report of the Autonomous Community, may establish specific zones within the priority areas referred to in the previous paragraph. The Governing Council may propose, within the above mentioned specific areas, the application of more favourable percentages, as well as the period of application thereof, in respect of:

(a) The minimum level of self-financing required by Article 9 (b) of this royal decree, while respecting the minimum limit laid down in Article 8.b) of the Regulation approved by Royal Decree 899/2007 of 6 July.

(b) The increase in the percentage of the subsidy referred to in Article 11 (c) of this royal decree, always respecting the ceiling set out in Article 2 of this royal decree.

3. The delimitation of the areas defined as priorities in the Annex may be modified, in accordance with their socio-economic evolution and on a proposal from the Rector Council, by the Ministry of Economy and Finance in agreement with the Autonomous Community. In addition, priority rural areas to be established under Law 45/2007 of 13 December for the sustainable development of rural areas will be taken into account.

Article 4. Objectives.

The objective to be achieved with the creation of the economic promotion zone of the Canary Islands is to promote and develop the socioeconomic fabric with special attention to the increase of the standard of living in the territory, in particular in its most depressed areas, through: a) Promotion in the creation of innovative and technology-based companies that propose investments based on research, development and innovation (R & D + I) projects and, in general, innovation technology, industrial design and environmental improvement.

b) The momentum of the territory's endogenous potential, as well as developing and consolidating the industrial fabric based on criteria of quality, efficiency, productivity and respect for the environment. c) The promotion of diversification in the sectors of production and distribution that increase the attractiveness and momentum of activity in the territory.

Article 5. Period of validity.

1. The period of validity of the present economic promotion zone, for the purposes of applying for the aid determined in this royal decree, shall end on 31 December 2013.

2. By way of derogation from the preceding paragraph, this date may be amended, taking into account the circumstances which may be presented, by agreement of the Government Delegation for Economic Affairs, on a proposal from the Council communication to the autonomous community.

Article 6. Regional incentive classes.

Regional incentives which may be granted in the present area to applicants who carry out investment projects and fulfil the conditions laid down in the Regulation adopted by Royal Decree 899/2007 of 6 July and in the This royal decree of delimitation will consist of a grant to a lost fund on the approved investment.

Article 7. Promoting economic sectors.

1. For the purposes set out in Article 6 of the Regulation, approved by Royal Decree 899/2007 of 6 July, the following sectors shall be eligible: (a) Processing industries and production support services which, while respecting the sectoral criteria laid down by the competent bodies, include advanced technology, pay particular attention to environmental improvements and involve significant improvement in the quality or innovation of process or product and, in particular, those that favour the introduction of new technologies and the provision of services in the information and communications technologies sub-sectors; and those that significantly improve commercial structures.

b) Tourist establishments and other leisure facilities which, while respecting the sectoral criteria laid down by the competent bodies, are of an innovative nature in particular as regards improvements The environmental protection of the environment and the development of the environment.

2. Excluded sectors shall be those not mentioned in the preceding paragraph. However, the competent bodies provided for in Article 26 of the Regulation adopted by Royal Decree 899/2007 of 6 July are entitled to grant regional incentives to the Rector Council, exceptionally and after reporting by the Governing Council. projects which, not being included in the above mentioned sectors, contribute significantly to the achievement of the objectives mentioned in Article 4 of this royal decree.

In any case, the rules and criteria of the European Union in force for sectors that may be considered sensitive will be taken into account. 3. By agreement of the Governing Council, restrictions may be imposed on activities included in the promotional sectors in accordance with the economic policy guidelines.

Article 8. Types and minimum size of projects.

1. Regional incentives may be granted, in the area of economic promotion of the Canary Islands, to the applicant companies carrying out investment projects of the following types and dimensions: (a) Projects for the creation of new establishments, such as: as defined in Article 7.2 of the Regulation, with an approved investment exceeding € 600,000, provided that they generate new jobs.

(b) Enlargement projects, as defined in Article 7.3 of the Regulation, with an approved investment the amount of which is significant in relation to the fixed assets of the establishment and, in any case, higher than € 600,000, provided that they represent a significant increase in production capacity, that they exceed a certain percentage of the allocation for depreciation of the establishment and that they generate new jobs and maintain the existing ones. (c) Modernisation projects whose approved investment is significant in relation to the fixed assets of the establishment which shall in any event be equal to or greater than € 600,000 provided that they meet the following conditions:

1. That investment constitutes an important part of tangible fixed assets and that it exceeds a certain percentage of the endowment for depreciation of the establishment which is modernised and which involves the purchase of machinery technologically advanced that produces a sensitive increase in productivity.

2. That investment results in the diversification of the production of an establishment in order to meet new and additional product markets or a fundamental transformation in the overall process of production of a existing establishment. 3. That the existing jobs be maintained.

2. The Governing Board shall establish the criteria for the amount to be considered significant, on the investment approved, in relation to the fixed assets of the establishment, increase of production capacity and productivity and percentages on the allocation of depreciation of the establishment, as set out in previous paragraphs.

Article 9. Requirements for projects.

1. Investment projects which are intended to benefit from the benefits provided for in this economic promotion zone must also meet the following requirements: (a) Be technically, economically and financially viable.

b) Self-financing at least 30 percent of your approved investment. A higher percentage may be required depending on the project. (c) The investment may not be initiated before the time when the competent authority of the Autonomous Community has confirmed in writing to the applicant that the project, subject to the final result of a detailed verification, is at first glance eligible to be eligible in compliance with the general conditions of location and productive investment, without assuming compliance with the other conditions to be required for the granting of regional incentives and This is not the case, but I do not want to prejudge the decision. "Start of investments" means the beginning of construction work, any firm commitment to the order or purchase of goods or equipment, or any lease of services, excluding prior studies of the project.

2. In accordance with Article 160 of the Treaty establishing the European Community, and with the provisions laid down in Regulations (EC) No 1083/2006 and (EC) No 1080/2006, any project approved by regional incentives which may be included within a Operational programme or other form of intervention by the European Regional Development Fund shall be co-financed by the European Regional Development Fund and the holder of the Fund shall assume the status of beneficiary of the Fund and shall fulfil all the obligations arising from the Fund. condition.

Article 10. Concepts of investment.

In accordance with the provisions of Article 9 of Royal Decree 899/2007 of 6 July, incentives may be considered for investments within the following concepts: (a) Civil work, including: The services, urbanisation and external works carried out and carried out appropriate to the needs of the project, offices, laboratories, facilities for labour and health services of the personnel, warehouses, production or processing buildings, industrial service buildings, warehouses and other works linked to the project.

(b) Goods of equipment, including: process machinery, special electrical installations, energy installations and special water supply, internal transport elements, special vehicles of external transport, measurement and control equipment, safety installations, environmental improvement and protection facilities, and other equipment related to the project. (c) Previous studies of the project, including: planning, project engineering and project management. (d) Other concepts, exceptionally. The exceptional nature of the projects will be appreciated by the nature of the investment.

Article 11. Criteria for the assessment of projects.

For the assessment of projects that meet the requirements set out in the existing provisions, the following criteria shall be used: (a) The amount of the grant shall be related to the total amount of the investment accepted with the number of jobs created and with the kind of project in question (creation, extension or modernisation).

b) Special value will be given to employment, incorporation into the advanced technology project, the added value rate or productivity increase, the dynamicability of the project for the economy of the area and the use of of natural resources in the area. (c) In the areas defined as priorities, which are included in the Annex to this provision, the percentage of the subsidy which would correspond to the project for the application of the above criteria will be increased by 20%, while respecting the ceiling determined in Article 2 of this royal decree. The final percentage that results will be rounded to an integer.

Article 12. Management and management of regional incentives.

1. The procedure for administering and managing regional incentives shall be that provided for in Chapter II of Title II and Titles III to VI of Royal Decree 899/2007 of 6 July and in the provisions which, in general, are to be given by the Minister of Economy and Finance to this effect, with the following particularities: (a) The applicant must declare the public aid that he has requested or obtained for the same project, both in the moments that are determined in the Royal Decree 899/2007, dated 6 July, as at any procedural moment in which this occurs.

(b) The Autonomous Community of the Canary Islands shall forward, together with the application file, a copy of the communication of confirmation of eligibility referred to in Article 24 of Royal Decree 899/2007 of 6 July, or a letter of expressly stating that no such communication has been made in order to proceed with the processing of the relevant subsidy file. (c) The individual decision to grant or refuse regional economic incentives shall be notified to the person concerned by the Directorate-General for Community Funds through the competent authority of the Autonomous Community of the Canary Islands.

2. All the projects which are in favour of regional incentives are obliged to comply with the legislation of the European Union, as well as to cooperate with the authorities concerned, in order to ensure that the objectives set out in the Treaty are properly monitored. Law 50/1985 and the regional policy guidelines.

Article 13. Report on the degree of implementation of the projects.

1. In order to comply with Article 22 of Royal Decree 899/2007 of 6 July, the Autonomous Community of the Canary Islands shall forward to the Directorate-General for Community Funds, within 30 days of each calendar year, a report on the degree of implementation of the projects in accordance with the conditions laid down, in order to enable the latter to monitor the proper implementation of the regional incentives and to provide the Council with regular information on the aid.

2. The competent authority of the Autonomous Community of the Canary Islands, for the purpose of issuing the report on the degree of implementation of the project in accordance with the conditions laid down, may accept variations in the various budget headings of the (i) an incentive investment, provided that such variation, in more or less, does not go beyond 10% of each item and that this does not lead to any alteration in the total amount of the incentive investment.

Single repeal provision. Repeal of Royal Decree 569/1988 of 3 June 1988 and its subsequent amendments.

Royal Decree 569/1988 of 3 June 1988 establishing and delimiting the economic promotion zone of the Canary Islands, as well as the Royal Decrees 1327/2001 of 30 November and 182/2007 of 9 February, is hereby repealed. of the same.

Final disposition first. Enablement.

The Minister for Economic Affairs and Finance is hereby authorized to make, on a proposal from the Governing Council, the necessary provisions for the development and implementation of this Royal Decree, as well as to amend the quantitative limits provided for in the Article 8 (1), (a), (b) and (c), where the circumstances so advise.

Final disposition second. Entry into force.

This royal decree will enter into force on the day following its publication in the "Official State Gazette".

Given in Madrid, on February 8, 2008.

JOHN CARLOS R.

The Second Vice President of the Government and Minister of Economy and Finance, PEDRO SOLBES MIRA

ANNEX

Priority zones

Gran Canaria

Agaete.

Aguimes. Village of San Nicolas, La. Arucas. Firgas. Galdar. Wit. Mogan. Moya.

Industrial area of Las Palmas de Gran Canaria:

Díaz Casanova industrial urbanization " and its expansion.

Tarahal area. Zona Seco area. Industrial partial plan "The Sebadal". Zone "Miller Industrial". Zona "Las Torres Lomo Blanco". Zona de Merca Las Palmas. Zona the Llanos of Guinea. Zone "Escaleritas". Zona "La Cazuela". The Port area of Las Palmas.

San Bartolomé de Tirajana.

Saint Lucia. Santa Maria de Guía. Weaver. Telde. Teror. Valsequillo. Vega San Mateo.

Tenerife

Adeje.

Arafo. Arico. Arona. Good North View. Candelaria. Garachico. La Guancha. Granadilla de Abona. Guide to Isora. Guimar. Icod of the Wines. La Laguna. The Killing of Actejo. La Orotava. Puerto de la Cruz. The Rosary. The Realms. San Miguel. The Silos. Santa Ursula.

Santa Cruz de Tenerife industrial area:

South Coast Polygon.

"The Mayoralty." Area of the Chorrillo. Zona "La Gallega". Zone "El Molino". Zone "The Moraditas of Taco". "Taco Mountain" area. Zone "El Pilar-La Gallega". Zone "Jagua". Zone 'Cave Bermeja'. Zone "La Monja". Zona de Merca Tenerife. The area of Port of Santa Cruz.

Santiago del Teide.

Tacoronte. The Victory of Actejo.

Lanzarote

Reef.

I Would Do. Saint Bartholomew. Teguise. Aunts. Tingarlic. Yaiza.

Fuerteventura

Antigua.

Betancuria. La Oliva. Pajara. Puerto del Rosario. Tuineje.

La Palma

Windward.

Brea Alta. Brena Baja. Fuenhorny. Garafia. The Llanos of Aridane. El Paso. Tip Fat. Punta Llana. San Andres and Sauces. Santa Cruz de la Palma. Tazacorte. Tijarafe. Villa de Mazo.

La Gomera

Agulo.

Alajero. Hermigua. San Sebastian de la Gomera. Gran Rey Valley. Vallehermoso.

Iron

El Pinar de El Hierro.

Border. Valverde.