Article 9 (a) of Law 1/1994 of 11 March on legal status

of the Companies of Reciprocal Guarantee, previews the contribution by part

of the Public Administrations of non-reintegrable amounts with

to the funds of technical provisions of the companies. From

the entry into force of this Law has become manifest the convenience

to make this forecast effective in order to strengthen the solvency of

those operating in the road transport sector, lending

guarantees to companies and professional associations in the sector.

Consequently, regulatory bases need to be established

of the granting of these aids, in accordance with the provisions of the

Law 38/2003 of 17 November, General of Grants and in the

Rules of Procedure for the Concession of Public Grants,

approved by Royal Decree 2225/1993 of 17 December.

In its virtue, prior report of the State Advocate in the

Department, available:

Article 1. Purpose of the application and rules of application.

1. This order is intended to approve the regulatory bases of the

granting of aid to Reciprocal Guarantee Societies that operate

in the road transport sector.

2. The subsidies regulated in this order shall be governed, in the absence of

foreseen in it, by the general provisions for the aid and

public grants in Law 38/2003, of November 17, General

of Grants and, as soon as you do not object to it, in the Regulation

of the Public Grant Concession Procedure, approved

by Royal Decree 2225/1993 of 17 December.

Article 2. Subject to the aid.

It is the object of these aids to contribute to the solvency of the

Reciprocal guarantee companies operating in the transport sector

by road through non-reintegrable contributions to the fund

of technical provisions.

Article 3. General requirements of the beneficiaries.

1. People in

will not be able to get the payee status

who are in any of the following circumstances:

a) Haber been sentenced by a firm sentence to the sentence of

loss of the possibility of obtaining grants or public aid.

b) Haber requested the contest declaration, have been declared

insolvent in any procedure, found in contest,

be subject to judicial intervention or have been disabled as

to the Insolvency Law without the end of the period of disablement

set in the contest qualification statement.

c) Haber given place, because of which they were declared

guilty, to the firm resolution of any contract concluded with the

Administration.

d) Be incourses for those who have the legal representation of

other legal persons in one of the assumptions of Law 12/1995,

of May 11, Incompatibilities of Government Members of

the Nation and the High Charges of the General Administration of the State,

of Law 53/1984, of December 26, of Incompatibilities of Personnel

to the Public Administrations Service, or be any of

elective charges regulated in Organic Law 5/1985, of June 19,

of the General Electoral Regime, in the terms set out in it

or in the autonomic regulations that regulate these matters.

e) Not being current in compliance with obligations

tax or social security imposed by the provisions

in force, in the terms set out in the Ministry Orders of

Economic and financial affairs of 28 April 1986 and 25 November 1987.

f) Having the tax residence in a qualified country or territory

regulated as a tax haven.

g) Not to be found in the payment of repayment obligations by

grants on the terms that are regulated.

h) Have been sanctioned by firm resolution with loss

of the possibility of obtaining grants as provided for in the Law

Grant General or Act 58/2003, December 17, General

Tax.

2. Without prejudice to the faculty of the General Management Subdirectorate

and Analysis of Road Transport to demand presentation

of other documents and the ability to credit it through testimony

judicial or administrative document, the justification for not being incourse;

in the prohibitions set in the previous number will be done by

responsible statement given to administrative or notary authority,

except in the case of the prohibition contained in paragraph e) that will be required

the administrative certification presentation.

Article 4. Requirements for the granting and payment.

The granting and payment of these aids will be conditional on the

compliance by Reciprocal Guarantee Societies, on the date of

submission of the request, of the following requirements:

(a) They must have a geographical scope not less than the national one.

b) 50 per 100 of the total of your social interests, such as

minimum, must correspond to road or

transport companies

ancillary and complementary activities of road transport, to

professional associations of such companies and/or other entities without

the purpose of the project is to provide support to the transport sector.

c) 50 per 100 at least of total formalized operations

in the previous exercise must have had by object or related

with activities of road or ancillary transport companies and

complementary to or from professional associations of such

companies and/or other non-profit entities among whose purposes

this support for the transport sector.

Article 5. Applications.

1. Mutual Guarantee Societies who wish to obtain the

grants must be requested in writing, in accordance with the model

listed as Annex I of this order, addressed to the Director General of

Transport by Road of the Ministry of Public Works, which will have

accompany the documents listed in Annex II, which demonstrate the

compliance with the requirements necessary for the granting of the aid.

The deadline for submission of applications will be one month.

from the day following the publication of the call in the

"Official State Bulletin".

Applications may be submitted directly in the General Register

of the Ministry of Public Works, Paseo de la Castellana, 67, 28071 Madrid, or

through any of the forms provided in the

legislation

administrative procedure.

2. Together with the application, a responsible statement must be provided

in which the obtained, requested, or

aids are to be entered

go to apply in the same calendar year for any other

Departments, Administrations or public or private entities, national and

international, intended for the fund of technical provisions or doing so

record that has not been obtained, nor requested or will be requested by any

in the year in question.

3. In addition to the documents expressly specified in the

annexes to this order, grant petitioners may

accompany your request with how many others consider that they can serve for

justify this.

4. Received the request with the appropriate documentation, the

Directorate General of Road Transport may require the

interested so that, within ten days, unless expressly

grant you another major, remedy the deficiencies observed, or contribute the

documentation and information deemed necessary for the appropriate

resolution of the request, indicating that, if it did not, it is

will have you down.

Article 6. Call and procedure.

Grant grant procedure will start

by convocation approved by the Director General of Transport

by Road by delegation of the Minister of Development, to be published

in the "Official State Gazette". The call may specify the form

of accrediting compliance with the requirements set forth in this order.

The procedure will be processed in competitive concurrency regime,

sorting and instruction will be performed by the General Subdirection of

Road Transport Management and Analysis. The assessment of

requests will be made by a composite assessment commission

by three vowels designated by the Managing and Analysis Subdirector General

of the Transports by Road between the staff dependent on that

Subdirection General with minimum level of service head.

Article 7. Individual maximum amount, valuation criteria

and weighting them.

The aids will be granted according to the consignations

available in each financial year, the maximum amount will be determined

in the call, not being able to exceed the one awarded annually to each

beneficiary of 300,000 euros.

All eligible applicants will be granted

set in this order. When the amount available is not sufficient

to grant each payee the one indicated in the preceding paragraph is

will weight the volume of operations performed with industry companies in the

public road transport in the previous year, being the amount

to be granted to each proportional to that volume of operations.

Article 8. Grant.

The aids will be granted by resolution dictated by the Director

General of Transport by Road, by delegation of the Minister of

Fomento. The resolution will be motivated by reference to the criteria

valuation that has been followed and its weight, will contain the

relationship of beneficiaries who have obtained the grant and the amount

that corresponds to each, including any requests that have

dismissed.

The deadline for resolving and reporting the resolution will be six months

from the date of publication of the call, after this deadline

without notification, stakeholders will be able to understand their

request.

The resolution of the Director General of Road Transport will put

end to the administrative path and against it the stakeholders will be able

interject restocking potestative resource or, directly,

administrative dispute.

Article 9. Obligations of the beneficiaries.

The beneficiaries of the grants will have to prove that they are

find the current of their tax obligations and the

Social Security, in the terms set out in the Ministry's orders

of Economics and Finance of April 28, 1986 and November 25

of 1987.

They will also be required to facilitate, at all times, how much

information required by the Court of Auditors and by the Directorate

General of Road Transport for the Control of the

grants awarded.

Article 10. Compatibility of the aid.

The supported aids in this order will be compatible with any

other granted by other departments, administrations or entities

public or private, national or international, without prejudice to the provisions

in the following paragraph.

When it comes to aid that comes from public funds, obtained

or requested for technical provisions funds, shall

to be previously reported. If the Reciprocal Guarantee Society is

would benefit from some input from those indicated within the same year

on request of the regulated aids in this order, their value is

shall bring the maximum laid down in Article 7.

Article 11. Default.

Any relevant changes to the conditions that are taken into account for

the grant of the grant and, in any case, concurrent procurement

of grants or aids from other Departments, Administrations or

Public, national, or international entities that have not been

previously reported may result in revocation or modification of

the grant resolution.

Full refund of the amounts received and the requirement will be made

of the interest of late payment from the time of payment of the grant, in

cases where the payee gets it without meeting the conditions

required for this. The amounts to be reintegrated will have the consideration of

revenue from public law.

In the event that concurrent aids are obtained with the same

purpose, the corresponding part will be reintegrated for the

total of the aid does not exceed the maximum amount established in the

article 7.

Single additional disposition. Delegation of powers.

Be delegated to the Director General of Road Transport the

competence to perform the call and grant of the aid,

as well as to resolve the drawback procedures.

Single repeal provision. Regulatory repeal.

ORDER FOM/55/2003 is hereby repealed, for which

the regulatory bases of the grant of aid to the

are approved

Reciprocal guarantee companies operating in the transport sector by

road, as well as how many equal or lower range provisions are

oppose the provisions of this order.

Final disposition first. Execution.

The Director General of Road Transport is empowered to

adopt the necessary measures for the application of this order.

Final disposition second. Entry into force.

This order will take effect on the day following your publication in

the "Official State Bulletin".

Madrid, 28 October 2004.

ALVAREZ ARZA

ANNEX I

Request Model

Don .....................................................................................,

national identity document number .........................................,

on behalf of the Reciprocal Guarantee Society ................................,

with address at .........................................................................,

street ..........................................................................................

c o d i g o p o s t a l .................., t e l e f o n o ..................

Exposes:

What in the view of the ORDER FOM/ ...... /2004 of ......

of .................., which approves the

s regulatory bases

granting of aid to Reciprocal Guarantee Societies operating in

the road transport sector, considering that it brings together the

required requirements, as shown in the documents that are attached, and

with the express acceptance of all the terms of the aforementioned call.

Requests:

The granting of the corresponding contribution to the fund of

technical provisions of the Company.

(Place, date and signature of the requester)

Ilmo. Mr Director-General for Road Transport.

ANNEX II

Documentation to contribute at the time of the request

Along with the request the requester must contribute:

1. Copy of DNI and NIF (certified).

2. Power with which the representative or document acts that accredits

its representation.

3. Original or certified copy of the statutes of the Society of

Reciprocal guarantee and, where appropriate, any modifications that would have been made

produced.

4. Certification issued by the relevant tax office,

credited with being aware of tax obligations or

authorization to the Directorate General of Road Transport for

collect it.

5. Certification issued by the Territorial Security Treasury

Social, accredited to be aware of the payment of the fees.

6. Certified copy of the Guarantee Society partner book

Reciprocal corresponding to the year before the date of the request.

7. Partner's computerised relationship for the year

before the date of the request.

8. Computerized relationship of the operations performed in the year

prior to the date of the request with an indication of the CIF or NIF of

the supported entities.

9. Responsible declaration in which the aid is specified or

public grants, obtained or requested with target at the bottom of

technical provisions or that none has been obtained or requested.

10. Certification that the requirements listed in

are met

Article 4 issued by the Secretary of the Board of Directors

of the Reciprocal Guarantee Society.

11. Responsible declaration, granted to administrative authority

or notary, not to be broken into any of the prohibitions collected

in Article 3 (1). What is credited by testimony

court or administrative document shall not be included in the declaration.