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Resolution Of 13 October 2004, Of The Department Of Customs And Special Taxes Of The State Tax Administration Agency, Which Authorizes The Modification Of The Statutes Of The Of The Zona Franca Consortium Of Gran Canaria.

Original Language Title: Resolución de 13 de octubre de 2004, del Departamento de Aduanas e Impuestos Especiales de la Agencia Estatal de Administración Tributaria, por la que se autoriza la modificación de los Estatutos del Consorcio de la Zona Franca de Gran Canaria.

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TEXT

By Resolution of November 30, 1998, of the Department of Customs and Excise of the State Administration of Tax Administration, the entry into operation of the Free Zone of Gran Canaria was authorized, approving, at the same time, the Statutes of the Consortium and the Rules of the Interior Regime for the management and exploitation of the Free Zone, which were included as anexes of said Resolution. Article 28 (2) of the Statute provides that any amendment to the Statute requires the approval by a majority of the members of the Consortium's plenary session and whose agreement will be submitted to the Committee for consideration. Department of Customs and Excise, who in your case will authorize it. Whereas, in use of the power provided for in Article 11 of the aforementioned Statutes, the Plenary Session of the Consortium of the Free Trade Area, at its meeting held on 13 December 2001, unanimously agreed to extend the membership of that Consortium with:

A representative of the City Council of the Villa de Aguimes, and

Six representatives of the Cabildo Island of Gran Canaria.

Whereas, at its meeting of 24 November 2003, the Assembly of the Consortium unanimously agreed to amend the Statutes on the following points

Creation of the figure of Deputy Secretary of the Plenum, and

Increase the members of the Executive Committee to seven.

Whereas the Consorcio de la Zona Franca de Gran Canaria has submitted to the Customs and Excise Department, for its approval, the modifications indicated in the previous recitals and its consequent inclusion in the articles of the Statute.

The Department of Customs and Excise, in the light of the aforementioned Resolution, as well as the Order of 24 April 1,998 (BOE of 28) authorizing the constitution of the Free Zone of Gran Canaria, has resolved:

First. -Authorize the modifications of the Statutes of the Consortium of the Free Zone of Gran Canaria, proposed by the Consortium, which are included as the only one of the present Resolution.

Second. -Dispose that, for general knowledge, this Resolution is published in the "Official Gazette of the State".

Madrid, 13 October 2004.-The Director of the Department, Nicolas Bonilla Penvela.

SINGLE ANNEX TO THE RESOLUTION OF THE DEPARTMENT OF CUSTOMS AND EXCISE DUTIES OF THE STATE TAX ADMINISTRATION AGENCY OF 13 OCTOBER 2004

The articles of the Statutes of the Consortium of the Free Zone of Gran Canaria, approved by Resolution of the Department of Customs and Excise of 30 November 1998 (BOE 4-12-98), will be written as follows:

Article 10.

The plenum, the top organ of the Consortium, will be constituted by the totality of its members and will have the following composition: 1. Mayor of the City Hall of Las Palmas de Gran Canaria.

2. Special Delegate of the Minister for Economic Affairs and Finance. 3. President and six representatives of the Harbour Authority, who will have to be appointed to the effect. 4. President and six representatives of the Cabildo Insular de Gran Canaria. 5. Director-General of Taxation of the Ministry of Economy and Finance of the Government of the Canary Islands. 6. Head of the Provincial Department of Customs and Excise of Las Palmas de Gran Canaria. 7. A representative of the Canary Confederation of Employers, appointed for this purpose. 8. A representative of the Chamber of Commerce, Industry and Navigation of Las Palmas, also designated in this respect. 9. A representative of the excellent City Hall of Las Palmas de Gran Canaria. 10. A representative of the excellent City Hall of Aguimes. 11. The Secretary, or in the case of vacancy, absence or illness, the Deputy Secretary, who shall attend the meetings with a voice but without a vote, shall also be part of the Plenary Assembly unless he acts as such of any of the members of the Consortium.

Article 11.

1. The Consortium may at all times, by agreement of the Plenary with at least, new favourable votes, to be submitted, in any case, to the approval of the Department of Customs and Excise, to modify the form of representation of the entities that constitute it, in better development of its activities.

2. The persons who are part of the Consortium shall not have the power to delegate to another to replace them. 3. You will have the right to designate new representation of entities when, by any circumstance, they understand it. 4. Persons who have direct interest in the undertakings or group of undertakings that are established in the Free Zone may not be members of the plenary unless they are appointed on behalf of the business organisations which form part of the Full

Article 12.

Corresponds to the Consortium in Plenary: 1. The designation of the Vocals to be the Executive Committee.

2. The appointment of the Secretary of the Plenary and, as the case may be, the Deputy Secretary. 3. The approval of the Memory, Balance and Results Accounts for each financial year. 4. The approval of the Programme for Action, Investments and Financing, as well as the Budgets for Exploitation and Capital. 5. The approval of the Strategic Plan of the Free Zone. 6. The approval of all conventions are accurate for the fulfilment of their aims. 7. The modification of the present Statutes, as soon as it does not alter the substantial conditions initially known by the administrations and the consorcated entities, prior to authorization in respect of the Department of Customs and Excise. 8. Approval of incorporation to the Consortium of other public or private entities, for its elevation to the Department of Customs and Excise and authorization of the Minister of Economy and Finance. 9. The approval of the rates corresponding to the services provided in the Zone. 10. (deleted from being attributed to the Executive Committee) 11. The audit of the acts of the Executive Committee. 12. The attribution of the proxy to the staff of the Consortium or stranger to it, adopting the relevant agreements that serve as a basis for the granting of the public writings of mandate. 13. The approval of the general criteria to be observed in the procedures for the contracting of the Entity. 14. The approval of the management by third parties, public or private, of one or more of the services of the zone Franca. 15. The authorization of the acquisition and disposal of land and other real estate, as well as the granting of authorizations or concessions of the use of the same in the zone Franca. 16. The exercise of the other functions and powers not attributed to other organs of the Entity.

Article 14.

1. In order for the plenary to be able to adopt agreements, the presence, at least, of the President and the Secretary or, where appropriate, of those who replace them, and of the half plus one of its components, shall be necessary, with the delegation allowed for the act. to attend the meetings convened in favour of another component of the plenary session.

2. No matter which is not included in the agenda may not be deliberated or agreed unless all members of the plenary assembly are present, if they are to be dealt with as a matter of urgency, by a majority vote.

Article 18.

1. The Executive Committee shall be composed of the Vice-Chair of the Consortium and seven other members appointed for the purpose by the plenary.

2. He will be President of the Executive Committee, the Special Delegate of the Minister of Economy and Finance in the Zona Franca. 3. The members of the Executive Committee, with the exception of their Presidency, may be renewed when the Plenary Session of the Consortium so understands.

Article 19.

Corresponds to the Executive Committee: 1. The exercise of those functions that could be delegated to the same by the Consortium in plenary.

2. The preparation of the agreements to be adopted by the Consortium in plenary. 3. In particular, the preparation of the report, the balance sheet, the results account, as well as the action, investment and financing programme and the entity's operating and capital budgets will be in their competence. 4. The elaboration of the Strategic Plan of the Zone. 5. To report, for its elevation to the plenary, requests for the installation of companies and factories in the Free Zone. 6. The matter referred to in the permit or permit system. 7. Taxation of the operators responsible for the penalties corresponding to the violation of the regulations and rules of the internal regime of the Free Zone. 8. The authorization for the exercise of the actions and resources that come before the Public Administrations and before the Courts and Courts of any degree and jurisdiction.

Article 20.

1. The Executive Board shall meet at least once a quarter, upon a call by its President four days in advance, to which the relevant agenda shall be accompanied.

However, the Chairman of the Executive Board may convene as many meetings as he considers, or at least two of its members. 2. The Committee, duly convened, may meet and take agreements whenever five of its components are present, with the obligation of its President. 3. The Committee shall adopt its agreements by a majority vote and decide on the vote of its President in the event of a tie. 4. The meetings of the Committee shall be drawn up by the Secretary, who shall be the person who performs such a role in the Plenary Consortium.