JOHN CARLOS I

KING OF SPAIN

To all who present it and understand it.

Sabed: That the General Courts have approved and I come to sanction the following law.

EXPLANATORY STATEMENT

I

The fundamental objective of Spanish economic policy is to continue to make progress in real convergence with the most advanced countries of the European Union. The strategy to achieve this goal requires, in addition to maintaining macroeconomic stability, an increase in the long-term growth capacity of the economy.

In the context determined by the integration of Spain into the Economic and Monetary Union, which provides a favourable framework for macroeconomic stability, the policy of structural reform of product and factor markets takes on a special role. Liberalisation and increased competition in these markets, following the reforms undertaken in recent years, have allowed a positive growth differential with the most advanced economies in the European Union to be maintained. reflected in progress in convergence with the income and employment levels of these countries.

This differential growth has occurred both in the expansionary phase of the cycle and in the most recent slowdown phase. In an international context of weak growth, the Spanish economy has been able to maintain relatively high growth rates and job creation. It breaks with the structural trend followed in previous cycles, in which the Spanish economy grew above the European average in the periods of expansion but suffered in a differential way the slowdowns or recessions.

The Spanish economy is increasingly open to the outside and integrated into European and international markets. It is therefore also more exposed to the risks and uncertainties that condition the evolution of the international economy and which, in recent months, have been particularly intense.

At the current moment when some of these uncertainties have begun to be cleared, it is necessary to adopt extraordinary and urgent measures of continuation with the process of structural reform, which will allow the Spanish economy to continue with the process of convergence with the most advanced economies and avoid decisively that they may be exposed to the risk of abandoning their differential growth path. It is a question of deepening the line taken in recent years by economic policy, geared to the reform and liberalisation of product and factor markets, which has had a noticeable positive effect in terms of the level of income and employment, acting on those barriers that hinder the growth process.

The reforms must pay particular attention, first of all, to the creation of suitable conditions for the development of entrepreneurial spirit and small and medium-sized enterprises, elements of economic activity.

Second, it is necessary to boost the housing rental market, in order to respond to the pressing social demand of having an affordable rental housing stock, to facilitate mobility. the geographical area of workers and access to housing for young people and immigrants.

Third, in line with the conclusions of the Gothenburg and Barcelona European Councils, measures need to be taken to ensure and boost economic development. This requires particular attention to be paid to the participation of all social groups, and in particular the most vulnerable, such as self-employed and women, in the benefits of liberalisation and growth, facilitating their incorporation into the labour market, as well as strengthening the integration of environmental objectives into the design and implementation of economic policy.

Finally, it is necessary to continue the adoption of reform measures to increase the efficiency of product and factor markets, as well as to enhance productive investment and improve the functioning of the market. mortgage.

II

In Title I of the text are measures aimed at boosting the activity and creation of small and medium-sized enterprises.

For this purpose, in the Income Tax of the Physical Persons, the figure of the "savings-company account" is created, which is configured as a savings account of characteristics very similar to the current account-saving-housing.

This tax incentive is born to facilitate the creation of companies by encouraging entrepreneurship, in line with the recommendations made by the European Commission in the Green Paper on entrepreneurship in Europe. Europe " in order to contribute to stimulating the Spanish saver, so that it reorients its investment effort towards the creation and development of new businesses through tax incentives that potentiate this type of saving.

Secondly, the number of companies that will be able to gain access to the tax advantages of small-scale entities is increased by setting the entry limit to a net turnover of less than EUR 6 million, When up to date the threshold was set at five million euros.

Title II of the Act brings together established housing policy measures to strengthen the housing rental market in Spain.

A special regime for entities whose exclusive social object is the rental of homes is articulated in the Corporation Tax. This is how to stimulate the housing market for rental housing and to respond to the social need for a rental housing stock, today very limited.

The special scheme will benefit those who offer rental housing which, because of their size and rental prices, will be allocated to the average or low purchasing power sectors, and is given in a quota allowance. tax resulting from the application of the general scheme. From this allowance, the income earned in the rental activity of dwellings and the proceeds derived from their disposal will benefit under certain conditions. The bonus is increased in the case of rented dwellings which fulfil a greater social role in the terms defined by the standard, which is supplemented by the taxation of the purchase of such dwellings at the super-reduced rate of the Value Added Tax.

Title III introduces a set of measures to improve the protective action of the Social Security of the self-employed or self-employed and to promote their activity.

Article 10 (3) and (4) of the recast of the General Law on Social Security, adopted by the Royal Decree of Law 1/1994 of 20 June, set out as a general principle the trend towards maximum homogeneity. of the special schemes in respect of the General Scheme, taking into account the financial availability of the system and the characteristics of the various groups affected by those schemes.

In this sense, in the first term, it is envisaged, at the option of the interested party, a temporary sentence in the quotation for those who are incorporated for the first time into the Special Regime of Autonomous Workers, in the case of children under 30 years of age. age and women older than 45.

Additionally, the exemption of quotas currently planned for workers over the age of sixty-five years, which continue in the exercise of their activity, included in the Special Regime of Autonomous Workers, is made extensive to the self-employed persons included in the Special Agricultural and the Sea Workers ' Regimes.

On the other hand, and in order to give effectiveness to the extension of the protective action of the workers included in the Special Regime of Autonomos established in the additional 30th provision of the recast of the Law General of Social Security, with regard to contingencies arising from accidents at work and occupational diseases, it is necessary to introduce the appropriate accommodations in the current premium rate.

An extension of the economic effects of the temporary disability allowance is then operated for all self-employed or self-employed persons, covering the period between the fourth and the Fifteenth day from the low level, establishing the corresponding additional contributions. In the case of professional contingencies, the benefit shall be provided from the day following the day of the discharge.

In the matter of contributions, the bases and rates of contributions of the employees of the Special Agrarian Regime with those of the Special Regime of the Autonomous Workers, while in order to mitigate against it, are to be equalized. The economic impact which the full implementation of this measure could bring about immediately, a transitional period is established during which the rate of decline in the rate of contribution will be progressively decreased.

As for the self-employed of the Special Agrarian Regime, a reimagining of the requirement of a fundamental means of life for the performance of agricultural tasks is carried out, delimiting it in such a way that the concurrency or No such requirement shall not be conditional on the magnitude of the revenue collected in each case, as it shall facilitate the incorporation of the woman carrying out agricultural work to the special scheme.

As regards the calculation of pensions, the legal regime applicable to situations where a worker is simultaneously included in two social security schemes is amended.

Finally, 100 percent bonuses are set in the business quotas for common contingencies regarding the contribution of workers to their work after maternity and the Current bonuses for the temporary recruitment of disabled women. In addition, the possibilities of capitalisation of unemployment benefit are extended in case of incorporation into cooperatives or working societies.

This law comes from the Royal Decree of Law of 25 April, of measures of economic reform, since, as it has been going on for a long time in the socio-labor field, also on this occasion it was made precise In the first place, it is necessary to use the formula of the royal decree law, in view of the urgency that is appreciated for the implementation of extensions and improvements of the protective action, some of which are foreseen in norms that have already entered into force 1 January 2003, as well as to make it possible for other measures to benefit workers on the account It is also important for women workers in maternity and, also, incentives for the employment and employment of women to have an early effectiveness.

Title IV, for its part, includes a series of measures of a tax and structural reform aimed at promoting investment in certain areas and improving productive efficiency.

first of all, in order to increase the availability of capital of companies, the possibility of increasing the rate of depreciation is offered, raising the maximum depreciation ratios fixed in the Tables authorized for the taxpayers of the Income Tax of the Physical Persons and the Tax on Societies. The measure is introduced on a temporary basis, as corresponds to the stimulating purpose it pursues, and without prejudice to a future revision of the official depreciation tables.

Secondly, progress is being made on the line already undertaken to actively encourage those who are actively involved in improving the environment. Thus, the deduction for investments in the acquisition of new goods destined for the use of renewable energies becomes applicable by any entity, eliminating the current limitation in favor of the small-scale entities. This novelty is used to reorganize deductions for investments in defense or environmental protection in the Corporate Tax, which are grouped into a new article of the law of such tribute.

In the third place, and in the same line of strengthening the use of renewable energy, the local councils are enabled, within the framework of the regulations of the Local Government, to establish a bonus in the quota of the Tax on immovable property by systems installations for the thermal or electrical use of energy from the sun for the consumption of the holders of the dwelling or its occupants.

In order to further promote the development of the information society, the objective of the deduction for research, development and technological innovation activities is extended, so that it can also be applied to "software" generation activities that will facilitate the access of disabled people to the services of the information society, which will improve the social and labour integration of these people and contribute to the revival of the demand for This type of products.

In order to further refine the Spanish model for the defence of competition in the field of merger control, it is appropriate to provide for the immediate publicity of the report-opinion of the Court of Justice of the European Union. Competition from the moment of its reception by the Minister of Economy for his elevation to the Government. The opinion of the main advisory body on merger control will therefore be known before the final decision by the Council of Ministers, improving the transparency, effectiveness and predictability of this instrument. important in the monitoring of competition.

Another of the areas that require urgent action is the mortgage market, which, thanks to its intense development, has facilitated the access of many families to a property. However, it is appropriate to take measures to promote competition and to temper the exposure of borrowers to the risks of interest rates, which are themselves of the financial market. To this end, progress is made in facilitating and covering the operations of mortgage novation and subrogation, and promotes the development and dissemination of new products for the insurance of interest rate risks.

TITLE I

Support measures for small and medium-sized enterprises

Article first. Save-business account.

The following amendments are made to Law 40/1998 of 9 December of the Income Tax on Physical Persons and other Tax Rules:

One. Article 54 (1) is amended, which is worded as follows:

" 1. The state's liquid tax quota will be the result of decreasing the state's full share in the sum of:

(a) The deduction for investment in habitual housing provided for in Article 55.1 of this Act.

(b) 67% of the total amount of the deductions provided for in Article 55 (2), (3), (4), (5) and (6) of this Act. "

Two. A paragraph 6 is added to Article 55, which is worded as follows:

" 6. Deduction for savings-company account.

Taxpayers may apply a deduction for amounts deposited in credit institutions, in separate accounts of any other kind of taxation, for the formation of a new company regulated in Chapter XII of Law 2/1995 of 23 March of Limited Liability Societies, in accordance with the following requirements and circumstances:

1. The balance of the savings account must be allocated to the subscription as the founding partner of the shares of the new company.

On the other hand, the new company, within the maximum period of one year from its valid constitution, must allocate the funds provided by the partners that would have received the deduction to:

(a) The acquisition of tangible and intangible fixed assets exclusively affected the activity, as provided for in Article 27 of this Law.

b) Expenditure on constitution and first establishment.

c) Expenditure on staff employed with employment contract.

In any case, the new company must have, before the end of the period indicated with, at least, a local exclusively destined to carry the management of its activity and a person employed with employment contract and full time.

It is understood that the provisions of this paragraph have not been fulfilled when the new company develops the activities previously held under another ownership.

2. The maximum basis for this deduction shall be EUR 9,000 per year and shall consist of the amounts deposited in each tax period up to the date of the subscription of the shares of the new company.

3. º The percentage of deduction applicable on the basis of deduction referred to in paragraph 2. above shall be 15%.

4. The new company company must maintain for at least two years following the start of the activity:

(a) The economic activity in which its social object consists, not being able to meet in that period the requirements for the consideration of the patrimonial society.

(b) At least one premises exclusively for the purpose of managing the activity and a person employed on a full-time employment contract.

(c) Assets in which the balance of the savings account has materialised, which shall remain in operation in the equity of the new company.

5. º The right to deduction will be lost:

(a) Where the taxpayer has amounts deposited in the savings account for purposes other than the setting up of its first new company. In the case of a partial provision, the quantities laid down shall be deemed to be the first deposited.

(b) When the account has been opened four years from the date on which the account was opened, the new company shall not be registered in the Mercantile Register.

(c) When "inter vivos" are transmitted the units within the time limit provided for in

4.

d) When the new company does not meet the conditions that determine the right to this deduction.

6. When, in tax periods after its application, the right, in whole or in part, to the deductions practiced, the taxpayer will be obliged to add to the state liquid quota and the liquid quota (a) whether or not the amounts unduly deducted, plus the interest on late payment referred to in Article 58.2.c) of Law 230/1963 of 28 December 2001, have been breached; Tax.

7. Each taxpayer will only be able to maintain a savings-business account and will only be entitled to the deduction for the first new company that it constitutes.

8. Business-saving accounts must be identified on the same terms as those set for the housing account case. "

Three. Article 57 (1) is amended, which is worded as follows:

" 1. The application of the deduction for investment in housing and for the deduction for the savings account shall require the fact that the amount checked against the taxpayer's assets at the end of the period of the tax exceeds the value of his/her verification at the beginning of the same at least on the amount of investments made, without taking into account interest and other financing costs. '

Four. Article 64 (1) is amended, which is worded as follows:

" 1. The autonomous or complementary liquid quota shall be the result of decreasing the full or complementary autonomous quota in the sum of:

(a) The autonomous section of the deduction for investment in habitual housing provided for in Article 64a of this Law, with the limits and requirements of the assets situation as set out in Article 57 thereof.

(b) 33% of the total amount of the deductions provided for in Article 55 (2), (3), (4), (5) and (6) of this Law, with the limits and requirements for the assets provided for in Articles 56 and 57 thereof.

(c) The amount of the deductions established by the Autonomous Community in the exercise of the powers provided for in Law 21/2001 of 27 December 2001 regulating the fiscal and administrative measures of the new the system of financing of the Autonomous Communities of the common system and cities with autonomy status. "

Five. Article 79 (4) is amended, which is worded as follows:

" 4. In any case, taxpayers who have the right to deduct for investment in housing, whether by business, by double taxation at international level or who make contributions to pension plans, plans for a pension, are obliged to declare (a) insured persons or social security funds which reduce the tax base, under the conditions laid down in regulation. "

Six. A new paragraph (f) is added to Article 87 (2), with the following wording:

" (f) For credit institutions, in relation to the amounts deposited in them in the form of housing accounts and savings-business accounts. For this purpose, the taxpayer shall identify to the credit institution the accounts for those purposes. "

Article 2. Small-scale enterprises.

For the purposes of the tax periods started on 27 April 2003, Article 122 (1) of Law 43/1995 of 27 December 1995 on the corporate tax, which is drawn up as follows, is amended as follows: way:

" 1. The tax incentives provided for in this Chapter shall apply provided that the net amount of the turnover in the preceding immediate tax period is less than EUR 6 million. '

TITLE II

Building Housing Lease

Article 3. Tax regime for entities engaged in the leasing of dwellings.

One. With effect for the tax periods started on 27 April 2003, a Chapter III of Title VIII of Law 43/1995 of 27 December 1995 on Corporate Tax is added, which is worded as follows:

" CHAPTER III

Entities dedicated to housing leasing

Article 68c. Scope of application.

1. The arrangements provided for in this Chapter may be covered by companies which have exclusively the lease of dwellings located in Spanish territory for the exclusive social purpose. This exclusivity will be compatible with the investment in local business and garage spaces for leasing, provided that their joint book value does not exceed 20 percent of the total book value of the investments in the entity.

For these purposes, only the housing lease is defined in Article 2 of Law 29/1994 of 24 November 1994 on Urban Leases, provided that the conditions and conditions laid down in this Law are met. such a law for rental housing contracts.

2. The application of the special tax regime regulated in this Chapter will require compliance with the following requirements:

(a) That the number of dwellings leased or offered on lease by the entity is at all times equal to or greater than ten. The book value of all housing acquired by the entity in the construction phase, including those purchased on a flat basis, shall not exceed 20 per cent of the total accounting value of the entity's dwellings.

b) That at least one third of the leased dwellings incorporate into the lease an option to purchase the housing in favour of the lessee. The recognition of the option must not assume for the lessee the payment of consideration and must specify the price of the exercise of the option, exercise which will always be optional. In no case may it be stipulated that the non-exercise of the right to extend the lease for the first five years or the lack of exercise of the right of choice determines for the lessee the obligation to pay compensation. to the lessor.

(c) In the event that the leased or leased dwellings by the entity are not classified as official protection or declared protected, the following requirements shall also be met:

First. That the dwellings are acquired by the entity at market value and that they do not have at the time of their purchase an age of more than three years from the completion of their construction or from the integral rehabilitation of the building in which they are located. For these purposes, comprehensive rehabilitation of buildings shall be understood as referred to in Article 37 of Royal Decree 1/2002 of 11 January on measures for the financing of protected actions in the area of housing and soil of the 2002-2005 Plan, or the rules to replace it.

In the case of homes already acquired at the time of the scheme, the seniority shall be counted as the starting date of the tax period in which the option is communicated by the scheme.

Second. The area constructed of each dwelling does not exceed 110 square meters, and can reach a maximum of 135 square meters in 20 percent of the total of the houses managed under this regime by each entity. The lease may include a maximum of two garage spaces and the annexes located in the same building, excluding the business premises, provided that each one and others are arranged in conjunction with the dwelling.

Third. That during the first five years of the term of the lease, the annual update of the income regulated in Article 18 (1) of Law 29/1994 is carried out by applying, at most, the percentage variation experienced by the National General Index of the Consumer Price Index System over a period of twelve months immediately prior to the date of each reduced update by 0.75 percentage points.

Fourth. That the right of option recognized to the lessee, in accordance with the provisions of paragraph (b) above, is exercisable within six months prior to the date of termination of the lease. In any event, the exercise of that option shall take effect on the day following the end of the lease, unless the parties, by common agreement, agree on another date.

(d) In the event that the leased or leased dwellings by the entity are classified as official protection or protected as protected, the right of option recognized to the lessee in accordance with provided for in point (b) above is exercisable within the maximum period of six months, after the expiry of the period of protection laid down in the relevant State or regional rules, provided that the lease continues in force. To this end, the lessee may extend the contract for such additional six months.

3. The option for this scheme should be communicated to the tax administration. The special tax regime shall be applied in the tax period ending after that communication and in the subsequent years to be concluded before the tax administration is notified of the waiver of the scheme.

The requirements of the communication and the content of the information to be supplied with it may be established.

4. Where the entity is applicable to any of the other special schemes referred to in this Title VIII, except for international tax transparency, and for mergers, divisions, contributions of assets and exchange of securities, it shall not be eligible for the scheme covered by this Chapter III, without prejudice to the following subparagraph.

The entities to which, in accordance with Article 122 of this Law, tax incentives apply to them for small-scale undertakings provided for in Chapter XII of this Title VIII, may choose to apply such incentives or apply the regulated regime in this Chapter III.

5. The application of the system governed by this Chapter III shall be incompatible with the deduction for reinvestment of extraordinary profits provided for in Article 36b of this Law.

Article 68 quinquies. Bonuses.

1. Institutions that meet the requirements set out in the previous Article may apply the following bonuses in the full quota:

(a) 85% of the share of the full share corresponding to the income derived from the lease or the transmission of dwellings that meet the requirements of the previous article.

In cases of the transmission of the dwellings, the following must be complied with:

That have been leased by the institution for at least five years in the case of the dwellings referred to in the first subparagraph above and, at least within the period of protection laid down in the State or regional regulations in the case of the dwellings referred to in the second subparagraph above.

That the amount obtained is reinvested, within three years from the transmission, in other homes that meet the requirements set out in the previous article.

(b) 97% of the share of the full share corresponding to the income derived from the lease or the transfer of housing where, in addition to the requirements of the previous article, the following are met:

First. In the event that the leased or leased dwellings by the entity are not rated as official protection or are declared protected:

That the initial annual income to be satisfied by the lessee does not exceed the result of applying four percent to the maximum legal selling price of the rented housing, calculated as set out in the regulations at any time in force on the state housing plans.

The lease agreement incorporates the purchase option as provided for in paragraphs (b) and (c) of paragraph 2 of the previous article.

Second. In the event that the leased or leased dwellings by the entity are classified as official protection or declared protected, the lease shall incorporate an option to purchase in accordance with the provisions of the (d) of paragraph 2 of the previous Article.

In cases of the transmission of the dwellings, the following must be complied with:

That have been leased by the institution for at least five years in the case of the dwellings referred to in the first subparagraph above and, at least within the time limit laid down in the applicable legislation, to be offered for sale housing to tenants, in the case of dwellings referred to in the second subparagraph of paragraph

.

That the amount obtained is reinvested, within three years from the transmission, in other homes that meet the requirements set out in the previous article.

2. The rent to be paid for the lease shall be integrated for each dwelling by the full income obtained, minorated in the expenses directly related to the obtaining of said income and in the part of the general expenses that correspond proportionally to the said revenue.

3. The allowances provided for in paragraph 1 of this Article shall be incompatible with each other for the same income and shall be applied once, where applicable, the remaining allowances covered by the rules of this tax.

4. The members of the institutions who opt for the scheme governed by this Chapter shall be entitled to deduct the deduction to avoid double taxation as laid down in Article 28 (1) of this Act for the benefit of the distribution of profits and transmission of the units. '

Two. Article 23 (1) (b) of Law 40/1998 of 9 December 1998 on the Income Tax on Physical Persons and other Tax Rules is amended as follows:

" (b) The full income referred to in subparagraph (a) above, as soon as it comes from entities resident in Spanish territory, shall be multiplied by the following percentages:

1. º 140 percent overall.

2. º 125 percent, when they come from the entities referred to in Article 26.2 of Law 43/1995, of December 27, of the Corporation Tax.

3. 100%, when they come from the entities referred to in Article 26.5 and 6 of Law 43/1995, of the entities covered by the special regime governed by Chapter III of Title VIII of Law 43/1995 of the protected and specially protected cooperatives governed by Law 20/1990 of 19 December on the Tax Regime of Cooperatives, the distribution of the emission premium and the operations described in the ordinals 3 and 4. (a) above.

Likewise, the percentage of 100 percent will be applied to yields that correspond to benefits that have been taxed at the rates provided for in Article 26 (8) of Law 43/1995. For these purposes, the income received shall be deemed to be the first of those benefits.

The percentage of 100 percent will also be applied to returns that correspond to securities or shares acquired within two months prior to the date when those returns were satisfied when, with This date, within the same time limit, will be the subject of a uniform transfer of values. In the case of securities or shares not admitted to trading on any of the official secondary markets defined in Council Directive 93 /22/EEC of 10 May 1993, the time limit shall be one year. '

Article 4. Value added tax rate applicable to the acquisitions of dwellings for lease purposes.

The ordinal 6. of Article 91 (1) of Law 37/1992 of 28 December of the Value Added Tax is amended, which is worded as follows:

"6." Housing " is administratively qualified as official protection of special arrangements or public promotion, when the deliveries are carried out by the promoters of the same, including the garages and annexes located in the same building as they are transmitted together. For these purposes, the number of garage seats may not exceed two units.

Housing acquired by the entities applying the special scheme provided for in Chapter III of Title VIII of Law 43/1995 of 27 December 1995 on the corporate tax, provided that the income derived from it is of their subsequent lease, the allowance provided for in Article 68d (1) (b) of that law applies to them. For this purpose, the acquiring institution shall communicate this circumstance to the taxable person prior to the accrual of the transaction in a manner determined to be regulated. "

TITLE III

Improving the protective action of Social Security for self-employed or self-employed workers and promoting their activity

Article 5. Reduction in the contribution base for young people and women of new incorporation in the Special Regime of Autonomous Workers.

A new additional provision, the 30th, is added to the recast text of the General Law of Social Security, approved by the Royal Legislative Decree 1/1994, of June 20, in the following terms:

" Additional 30th-fifth disposition. Reduction in the contribution base of the new workers included in the Special Scheme of Social Security of Workers for the Account of Own or Self-Employed.

In the event that at the time of the initial discharge in the Special System of Social Security of the Workers for Account Own or Self-Employed the workers are 30 years of age or less, the base of contribution will be the between 75% of the minimum base and up to the maximum basis, laid down in the General Budget Law of the State in each financial year and for the three years immediately following the date of effect of the said high.

The provisions of the preceding paragraph shall also apply to women who, at the time of the initial discharge in the special scheme, are 45 or more years old.

In the cases provided for above, and for the purposes of calculating the regulatory basis for the corresponding benefits, account shall be taken of the bases on which it has actually been listed. "

Article 6. Exemption from social security contributions in respect of self-employed persons with sixty-five or more years.

The additional thirtieth provision of the recast text of the General Law on Social Security, approved by Royal Legislative Decree 1/1994, of 20 June, is worded in the following terms:

" Additional 30th Disposition. Exemption from quotas in respect of self-employed persons with 65 or more years.

1. Self-employed persons included in the field of application of the Special Agricultural Regimes, of the Workers of the Sea and of Workers of the Own or Autonomous Account shall be exempt from the list of Social Security contributions except, where appropriate, for temporary incapacity and for occupational contingencies, in the case of having been completed 65 years of age and certifying 35 or more years of effective contribution to social security, without the proportional parts of the Extraordinary pay. If, at the age of 65, the worker does not meet the required requirement, the exemption shall apply from the date on which it is established.

2. For periods of activity in which the worker has not made contributions, in accordance with the terms laid down in the preceding paragraph, for the purpose of determining the regulatory basis for the benefits excluded from the contribution, the basis for contributions corresponding to the monthly rates of each financial year exempt from listing shall be equivalent to the result of increasing the average of the natural year's trading bases immediately prior to the average percentage change known of the CPI in the last year indicated, without the bases thus calculated to be inferior to the amounts of the minimum or single contribution bases fixed annually in the General Budget Law of the State for the self-employed persons included in the Social Security Special Regulations referred to in paragraph 1. above. "

Item seventh. Headings of contributions by professional contingencies of the workers included in the Special Regime of Self-Employed Workers.

One. Article 1 and Annex 2 of Royal Decree 2930/1979 of 29 December 1979, for which the rate of premiums for the contribution to social security for accidents at work and occupational diseases is revised, is drawn up in the following terms: following:

" Article first.

The contribution of employers to social security and, where appropriate, of workers included in the Special Regime of Workers for the Account of Own or Self-Employed, for the coverage of the contingencies of accidents of work and occupational diseases, in the various economic activities, will be carried out by means of the application of the tariffs and the rules that appear as the anexes of this royal decree. "

ATTACHED 2

Types and headings of contributions by professional contingencies in activities of workers included in the Special Regime of Autonomous Workers

Applicable Quote Types:

EpiPit	Applicable Quote Types (%)
I. T.	I. M.S.	Total
01	0.65	0.55
02	0.95	0.70
03	03	1,25	1.00
		1.40	1.25	2.65
	05	2.55	2.55	4.55
06
3.65	3.60	7.25
07	4,95	4,95	8.95

Professional Contingencies Quotation marks

Autonomy workers who perform the following activities

01

16

colspan="2">

Tobacco Industry

04

04

04

04

Agriculture, Livestock, Hunting, and Activities related to the services:
	011.a	Agricultural production (running own, without services to third parties)	03
	011.b	Agricultural production with services to third parties	05
	012.a	Livestock Production (on own exploitation, without services to third parties)	04
	012.b	Livestock production with services to third parties	05
	013.a	Agricultural Production combined with livestock production (on its own, without services to third parties)	04
	013.b	Agricultural production combined with livestock production with services to third parties	05
	015	Hunt, Animal capture and repopulation, including the activities of services related to the same	04
02	Selviculture, forest exploitation, and related services activities		05
05	Fishing, aquaculture, and activities of the services related to the same		05
10	Extraction and agglomeration of anthracite, hard coal, lignite and peat		07
11	Extraction of crude oil and natural gas; activities of services related to oil and gas holdings, except prospecting activities		07
13	Removing metal ores		07
14	Removing non-metallic or energy minerals:
	141	Stone Extract	07
	142	Extraction of sands and clays	06
	143	Removing minerals for fertilizers and chemicals	06
	144
		145	06	145	Table_table_izq"> Extract of other non-metallic or energy minerals	06
15	Food and beverage industry:
	151	06	06
	152	Elaboration and conservation of fish and fish-based products	06
	153	Preparing and preserving fruit and vegetables	05
	154	Making fats and oils (vegetables and animals)
	155	Dairy Industries
	156	Manufacture of milling, starches, and Amylaean products	05
	157	Manufacture of products for animal feed	05
	158	Making other food products
	159	05
16	05
	17	Textile Industry:
	171	Preparing and spinning textile fibers	04
	172	Textile fabric manufacturing	03
	173	Finished of textiles (dyeing, bleaching, stamping)	04
	174	Manufacture of other items made from textiles, except garments (manufacture of blankets, bed and table clothes, quilts)	03
	175	Other textile industries (carpets, carpets, strings, twine, bramos, networks)	03
	176	Manufacture of point fabrics	03
	177	Making articles in knitted (hosiery)	03
18		fur:
	181	Garment of leather garments (leather, front or Napa, leather imitation products)	04
	182	Clothing clothing in textiles and accessories
	183	Preparing and dyeing fur skins; manufacturing of fur items	04
19	Tanned preparation and leather finish: manufacture of leather goods and travel; garnitionware, cutlery, and shoe store		04
20	Wood and cork industry, except furniture; basket and scatter:
	201	Sawing and brushing of wood; industrial preparation of wood.	07
	202	Manufacture of sheets, plywood, enlistment, agglomerated, fiber, and other dashboards and panels	07
	203	Manufacture of wood structures and carpentry pieces and building ebanisteria	06
	204	Manufacture of wood packaging and packaging	06
	205	Manufacture of other wood products. Manufacture of cork, cesteria and esparteria products	05
21	Industry of the role:
	211	Manufacturing trash, paper, and cardboard	05
	212	Manufacture of papacy and cardboard items	04
22	Editing, graphic arts, and media playback		05
23	Coking, refining Petroleum Oil and Treatment		07
	24	Chemical Industry		05
25	Manufacture of rubber and plastic products		05
26	Manufacture of other non-metallic mineral products:
	261	05		05
	262	Manufacture of products non-refractory ceramic products except those for construction; manufacture of refractory ceramic products	05
	263	Manufacture of ceramic tiles and tiles	06
	264	264 Table_table_izq"> Manufacture of bricks, tiles, and cooked land products for construction	06
	265	Manufacture of cement, lime and plaster	06
	266	Making elements of concrete, plaster and cement	06
	267
	06	06	06	06	06	06	06	06	Table_table_izq"> 268	Manufacture of miscellaneous non-metallic mineral products
27	Metallurgy:
	271	Manufacture of basic iron, steel, and ferroalloys products.
	272	Manufacture of pipes	07
	273	Other processes of first transformation of iron and steel	07
	274	Production and first transformation of precious metals and other non-ferrous metals	07
	275	Metal Foundry	07
	28	Manufacture of metal products, except machinery and equipment:
	281	Manufacture of metal elements for construction
	282	Manufacture of cisterns, large deposits, and metal containers; manufacturing of radiators and boilers for central heating.
	283	Manufacture of steam generators	07
	284	Forging, stamping, and drawing metals; powder metallurgy.	06
	285	Metal handling and coating. General mechanical engineering on behalf of third parties	06
	286	Manufacture of cutlery and cutlery items, tools, and hardware	06
	287	Manufacture of metal products miscellaneous (wires, bolts, screws, chains, metal pieces of domestic gear), except furniture	06
	29	Machinery and mechanical equipment construction industry:
	291	Manufacture of machines, equipment, and material mechanic	06
	292	Manufacturing other general-use machinery, equipment, and mechanical material	06
	293	Manufacture of agricultural machinery.	06
	294	Machine-tool manufacturing
	295	Manufacture of different machinery for uses specific	05
	296	Manufacture of weapons and ammunition.	06
	297	Manufacturing household appliances	05
30	Manufacture of office machines and computer equipment		05
31	Manufacture of machinery and electrical equipment:
	311	Manufacture of electric motors, transformers and generators	05
	312	Manufacture of electrical distribution and control appliances
	313	Manufacture of electrical wires and cables isolated	05
	314	Manufacture of accumulators and electrical stacks	05
	315	Manufacture of electrical lamps and lighting appliances	05
	316	Manufacture of other electrical equipment (electric equipment for engines and vehicles)	05
32	Manufacture of electronic material; manufacturing of radio, television and communications equipment and apparatus:
	321	Manufacture of valves, tubes, and other electronic components	05
	322	Manufacture of broadcast and television transmitters and apparatus for radio-telephony and radio-telegraphy with threads
	323	Making sound and image reception, recording, and playback devices	05
33	Manufacture of medical-surgical, precision, optical and watchmaking equipment and instruments:
	331	Manufacture of medical-surgical and orthopedic equipment and instruments	04
	332	Manufacture of measurement, verification, control, navigation and other instruments and apparatus, except control equipment for industrial processes	04
	333	Manufacturing industrial process control equipment	04
	334	Manufacture of optical and photographic equipment instruments
	335	Making watches	04
34	Manufacture of motor vehicles, trailers, and semi-trailers:
	341	Manufacture of motor vehicles	05
	342	Manufacture of bodywork for motor vehicles, trailers, and semi-trailers	05
	343	Manufacture of parts, parts and non-electrical accessories for motor vehicles and their engines	05
35	Making other transport material:
	351	Shipbuilding and ship repair (includes naval scrappage)
	352	Manufacturing of rail material	07
	353	Aeronautical and Space Construction	07
	354	Manufacture of motorcycles and bicycles (vehicles for invalid)	05
	355	Manufacturing other transport material	05
36	Manufacture of furniture; other industries manufacturing:
	361	Manufacture of furniture (mattresses, chairs, office furniture, kitchen, bathroom, garden)
	362	Manufacture of jewelry, goldsmith, silverware and similar items	04
		363	04
	364	Manufacture of sports items	04
	365
	366	04	366	Other diverse manufacturing industries (brooms, brushes, brushes, jewelry)	04
37	Recycling		06
40	Production and distribution of electrical power, gas, steam, and hot water:
	401	Electrical power production and distribution
	402	Gas production; distribution of gaseous fuels by urban conduits, except gas pipelines	05
	403	Hot water steam production and distribution
41	41		05
05		05		05				Build:
	451	Works preparation (demolition and movement of lands, drilling, and probes)	06
	452	General building of buildings and works civil engineering (electrical power lines and telecommunications lines, roofs and roofs, repair of railway tracks hydraulic works, assembly of frames and metal structures)	06
	453	Building and construction installations (electrical, air conditioning, plumbing)	06
	454	Finishing buildings and works (revoking, carpentry, glazing, and painting)	06
	455	Rental of construction or demolition equipment equipped with operator.	06
50	Sale, Maintenance, and Repair of Motor Vehicles, Motorcycles, and Scooters; Motor Vehicle Fuel Retailing:
	501	03
		502	03	502	Maintenance and repair of motor vehicles	05
	503	Selling engine vehicles parts and accessories	03
	504	Sales, Maintenance, and Repair of Motorcycles and mopeds and their spare parts and accessories	05
	505	Automotive Fuel Retail
51	51 51		51		51		51		motorcycles		03
	52	Retail trade, except for trade in vehicles motor, motorcycles and mopeds; repair of personal and household effects:
	521	Retail trade in non-establishments specialized	02
	522	Trade to the Retail of food, beverages and tobacco in specialized establishments
	523	Retail trade in pharmaceuticals, medical items, beauty and hygiene	02
	524	Other retail trade of new items in specialized establishments (textiles, footwear, leather, household goods, household appliances, hardware, painting, glass, books, newspapers, optics, photography, jewelry, watchmaking, toys)	02
	525	Retail trade of second-hand goods, in (antiquarian) establishments
	526	Retail trade not performed in establishments (by correspondence, markets, home sales)	03
	527	Repair of personal effects and household goods (footwear, leather goods, electrical household appliances, watches, jewelry)	04
55	Hostels:
	551	Hotels	04
	552	Camping and other types of short hosts duration (youth hostels and mountain, center, and holiday colonies)	04
	553	Restaurants	04
	554	Beverage settings
	555	Collective Eaters and Meals Provision prepared	04
60	Land transport; pipeline transport:
	601	Rail Transport	07
	602	Other types of land transport (regular travelers, taxi, discretionary, goods by road, truck rental with driver, moving):
		602.a Heavy Transport (in vehicles over 6,000 Kg.)	07
		602.b Light Transport (in vehicles up to 6,000 Kg.)	05
61	Shipping,		05
62	Air Transport and space		05
	63	Activities attached to transports; agency activities travel:
	631	Manipulation and warehouse of goods (cold storage, lmacing of dangerous goods, silos)	07
		63124 Other repositories storage and downloading	05
	632	Other activities annexed to land, sea and air transports (toll motorways, parking, services port)	05
	633	Activities travel agencies, tour operators and other tourism support activities	03
	634	Freight Transport Organization	03
64	Post and Telecom:
			04
		64.b With light merchandise collection and transport	05
65	Financial mediation, except insurance and plans pensions:
		65.a Sin common displacements	01
		65.b With Common Displacements	03
66	Insurance and pension plans, except mandatory social security:
		66.a No Common Displacements	01
		66.b With Common Displacements	03
	67	Financial intermediation activities:
		67.a No Common Displacements	01
		67.b With regular displacements	03
70		Real Estate Activities:
	701	Real Estate Activities (Real Estate Promotion, Sales)	03
	702	Real estate rental for your own account	03
	703	Real Estate Activities by Third Party Account (Real Estate Agents, Management and Administration)	03
71	Rental of machinery and equipment without operator, personal effects, and household goods		03
72	Activities Computer:
	725	Maintenance and repair of office, accounting, and computer equipment	04
73	Research and Development		03
74	Other business activities:
	741	Legal, accounting, bookkeeping, audit, tax advisory, market studies, and public opinion surveys; consultation and advice on management and business management, company management	03
	742	Architecture and Engineering Technical Services and other activities related to technical advice	03
	743	Technical testing and analysis	03
	744	Advertising (agencies and consultants, management of advertising media)	03
	745	Selection and placement of staff (supply of personnel)	03
	746	Research and security services (surveillance, protection, and security)	05
	747	Industrial activities cleaning	05
	748	Various business activities:
		04
		7482 Activities packaging and packaging on behalf of third parties	05
		74831 Secretariat and Reprogram Activities	04
		74832 Translation Activities	03
		74833 Distribution-attached Activities advertising	03
		7484 Other business activities	03
80	Education:
	801	Unmoved primary education	01
		Primary with offset	03
	802	Teaching unmoved secondary	01
03
	803	Higher education without displacement	01
		Higher education with offset	03
	804	Continuing training and other teaching activities	03
		8041 Driving and Driving Schools Teaching	05
		80423 Other teachings.	05
85	Health and veterinary activities, service social:
	851	Activities health (hospital, medical, dental, ambulance service, clinical analysis laboratories)
	852	Veterinary Activities
	853	Social Services Activities (hosting elderly, disabled, minors, home-based social services)
90		Public Sanitation Activities:
	900	Public sanitation activities (wastewater debugging, sewer, public-path cleaning)	05
91	associative activities:
	911	Activities of business organizations, employers	02
	912
		913	913	913	913 Table_table_izq"> Miscellaneous associative activities (religious, political, juvenile)	02
92	Recreational, cultural, and sports activities:
	921	Movie and video activities (production, distribution, and display)	03
	922	Radio and television activities (production, distribution, and broadcast)	03
	923	Other artistic and show activities (artistic and literary creation and interpretation)	03
		9233 Fairs and amusement parks activities
	924	News Agency Activities	03
	925	Library activities, files, museums and other cultural institutions	03
	926	Sports activities	04
	927	Miscellaneous recreational activities	03
93	Miscellaneous Activities personal services:
	930	Various Personal Services Activities:
		9301 Washing, cleaning and dyeing of textile and leather garments
		9302 Barber and other treatments beauty	03
		9303 Pompas funeral and related activities	03
		9304 Body Physical Maintenance Activities	03
		9305 Other personal services activities	03

Two. The amendments which, as from 27 April 2003, may be made in respect of the premium rates referred to in this Article may be regulated in accordance with the specific rules governing them.

Article 8. Extension of temporary disability protection for self-employed or self-employed persons.

An additional provision, the 30th seventh, is added to the recast text of the General Law of Social Security, approved by the Royal Legislative Decree 1/1994, of June 20, in the following terms:

" Additional 30th-seventh disposition. Extension of temporary disability protection for self-employed or self-employed persons.

For self-employed or self-employed persons, irrespective of the special scheme of social security in which they are employed, the birth of the economic benefit due to temporary incapacity for work be entitled to take place, in the terms and conditions which are governed by law, from the fourth day of the absence in the corresponding activity, except in the cases where the person concerned has opted for the coverage of the professional contingencies, or have them covered in a compulsory manner, and the allowance would be caused by an accident at work or occupational disease, in which case the benefit shall be incurred from the day following the day of the discharge. '

Article ninth. Contribution of the employees on behalf of the Special Agrarian Regime.

An additional provision, the 30th, is added to the recast text of the General Law of Social Security, approved by the Royal Legislative Decree 1/1994, of June 20, in the following terms:

" Additional 330th Disposition. Contribution of the employees on behalf of the Special Agrarian Regime.

1. Workers included in the section of the Census of the Special Agrarian Regime for self-employed persons, as from 1 January 2004, shall be listed for common contingencies, including, where appropriate, the voluntary improvement of temporary incapacity, in accordance with the bases and rates set out in the respective State General Budget Law and its implementing rules, for the Special Regime for Social Security of Workers for Own or Autonomous Account.

Likewise, and as of 1 January 2004, workers referred to in the preceding paragraph shall be listed by professional contingencies, including, where appropriate, the voluntary improvement of temporary incapacity, in accordance with the provisions of the bases established in the respective General Budget Law of the State for the Special Regime of the Workers for Account Own or Autonomous and in accordance with the rates to be determined in the aforementioned law for such contingencies for the workers on behalf of the Special Agrarian Regime.

2. As from 1 January 2004, the contributions of the selfemployed persons to the Special Agricultural Scheme, as a result of the provisions of the preceding paragraph, shall be determined by applying the rates to the corresponding (a) to be applied to the rates of contributions for common contingencies, as laid down in the General Budget Law of the State for the Special Scheme of Workers for the Account of Own or Self-Employed by professional contingencies established in the same law in respect of workers own account of the Special Agrarian Regime, in both cases excluding those corresponding to the voluntary improvement of temporary incapacity, the following coefficients:

Exercise

2005

2005

2005

Coefficient
2004
0.7300
2007	0.7525
2008	0.7750
2009	0.7975
2010	0.8200
2011	0.8425
2012	0.8650
0.8875
2014	0.9100
2015	0.9325
2016	0.9550
2017	0.9775

As of 1 January 2018, the contribution to such workers for common contingencies, including, where appropriate, the voluntary improvement of the temporary incapacity, shall be as a general rule for the workers included in the Special Scheme for Social Security of Workers for Own or Self-Employed.

The Minister of Labour and Social Affairs shall, in each financial year, determine the rate of contribution to be applied as a result of applying the coefficient corresponding to that financial year, and may be determined with one decimal place.

3. The self-employed persons included in the Special Agrarian Scheme before 1 January 2004 shall be exempt from the contribution scheme provided for in the preceding paragraphs, unless they opt to make use of it before 1 January 2004. October of each year.

This option shall in any event be irrevocable and shall have effect from 1 January of the year following that in which it was exercised. "

Article 10. Delimitation of the fundamental means of life for the purposes of inclusion in the Special Agrarian Regime and compatibility between self-employed and non-employed agricultural labour.

One. The third paragraph of Article 2 (b) of the recast text of the Special Agrarian Regime, approved by Decree 2123/1971 of 23 July 1971, is amended as follows:

" Third. Where the worker, whether or not he is a spouse or a relative by consanguinity or affinity to the third degree of the holder of a family holding, predominantly engages in the farm or the family holding, in the form of agricultural work, personal and direct, it is presumed that they constitute their fundamental means of life for the purposes of inclusion in this Special Regime, provided that from the agricultural activity they obtain income to attend to their own needs or, in their case, the of the family unit, even if on an occasional or permanent basis other work does not specifically agricultural, determining or not determining their inclusion in any other system of the Social Security System.

If the agricultural worker proves that he performs agricultural work only occasionally or that they do not constitute his fundamental means of life, he shall be excluded from the Special Agrarian Regime. "

Two. The current content of the third paragraph of Article 2 (b) of the recast text becomes the fourth rule of the text.

Three. A second paragraph is added to Article 6. of the recast text of the Special Agrarian Regime, approved by Decree 2123/1971 of 23 July, in the following terms:

" Agricultural workers who carry out their activity without distinction on their own and on behalf of others shall be registered in the section of the Census corresponding to the Workers for Account Own, entering the fixed quotas for such a condition, irrespective of the contribution made by actual days and by professional contingencies in charge of the employer. "

Item 11th. Effect of overlapping contributions on various schemes in order to social security pensions.

An additional provision, the 30th, is added to the recast text of the General Law of Social Security, approved by the Royal Legislative Decree 1/1994, of June 20, in the following terms:

" Additional 30th-eighth disposition. Effect of overlapping contributions on various schemes in order to social security pensions.

One. Where contributions are credited to a number of schemes and one of them is not entitled to a pension, the bases of contributions credited to the latter under the multi-activity scheme may be cumulated with those of the scheme in which the pension is paid, exclusively for the determination of the regulatory base of the same, without the sum of the bases being able to exceed the maximum contribution limit in force at any time.

Two. For the purposes of determining the basis of the retirement pension, in order for the accumulation of the bases of contribution provided for in the previous paragraph to be carried out, it will be necessary to ensure that the duration of the during the ten years immediately preceding the causative event.

In another case, the proportional share of the basis of quotation which corresponds to the time actually quoted in the multi-activity regime shall be cumulated within the period referred to in the preceding paragraph in the manner determined by the the Ministry of Labour and Social Affairs. "

TITLE IV

Other measures

CHAPTER I

Investment

Article twelfth. Depreciation coefficients applicable to the acquisitions of assets held between 1 January 2003 and 31 December 2004.

For acquisitions of new assets made between 1 January 2003 and 31 December 2004, the maximum linear amortisation ratios set out in the official tables of depreciation coefficients are They will be replaced, in all mentions to them, by the result of multiplying those by 1.1. The new coefficient shall be applicable during the lifetime of the new assets acquired in the period referred to above.

CHAPTER II

Renewables

Article 13th. Promotion of renewable energy.

With effect for the tax periods started on 27 April 2003, the following amendments are made to Law 43/1995 of 27 December of the Corporate Tax:

One. The title of Article 35 is amended, which is worded as follows:

" Article 35. Deduction for investments in goods of cultural interest, cinematographic productions, book publishing, navigation and vehicle location systems, adaptation of vehicles for the disabled and childcare for the children of workers. "

Two. Article 35 (4) is deleted.

Three. An Article 35a is added, which is worded as follows:

" Article 35a. Deductions for environmental investments.

1. Investments made in goods of the active material intended for the protection of the environment consisting of installations which prevent air pollution from industrial installations, against pollution of water Surface, underground and marine for the reduction, recovery or treatment of industrial waste for the improvement of the current regulations in these areas of action, they will give the right to practice a deduction in the total quota of 10 percent (a) of investments which are included in programmes, agreements or agreements with the Competent environmental administration, who shall issue the certification of the validation of the investment.

2. The deduction provided for in the preceding paragraph shall also apply in the case of the purchase of new commercial or commercial vehicles for road transport, only for that part of the investment which is determined to be contributes effectively to the reduction of air pollution.

3. In addition, 10 per cent of the investments made in new material assets for the use of renewable energy sources consisting of installations and equipment with any of the following may be deducted from the quota. the following purposes:

a) Use of energy from the sun for heat or electricity transformation.

b) Use, as fuel, of solid urban waste or biomass from agricultural and forestry waste, agricultural and forestry waste, and energy crops for heat transformation or electricity.

(c) Treatment of biodegradable waste from livestock farms, wastewater treatment plants, industrial effluents or urban solid waste for transformation into biogas.

d) Treatment of agricultural, forestry or oil products used for processing into biofuels (bioethanol or biodiesel).

4. The part of the investment financed by grants shall not be entitled to deduction. '

Article 14. Promotion of the thermal or electric use of energy from the sun for self-consumption.

A paragraph 5 is added to Article 75 of Law 39/1988 of 28 December, regulating local farms, which is worded as follows:

" 5. The tax arrangements may provide for a subsidy of up to 50% of the full rate of the tax on immovable property for housing, in which systems for the thermal or electrical use of the property have been installed. energy from the sun for self-consumption. The application of this bonus shall be conditional on the installation of heat production facilities including collectors having the corresponding approval by the competent authority. The other substantive and formal aspects of this bonus will be specified in the tax ordinance. "

CHAPTER III

Information Society

Item 15th. Access of persons with disabilities to the services of the information society.

For the purposes of the tax periods initiated as of 27 April 2003, paragraph 1 (a) of Article 33 (1) of Law 43/1995 of 27 December 1995 on the company tax, which is hereby amended, is amended as follows: the following way:

" a) Concept of research and development.

A planned original inquiry will be considered to pursue the discovery of new knowledge and superior understanding in the scientific and technological field, and to develop the application of the results of the research or any other type of scientific knowledge for the manufacture of new materials or products or for the design of new processes or production systems, as well as for the substantial technological improvement of materials, products, pre-existing systems or processes.

Research and development activities will also be considered the materialization of new products or processes in a plan, scheme or design, as well as the creation of a first non-marketable prototype and the projects of initial demonstration or pilot projects provided that they cannot be converted or used for industrial applications or for commercial exploitation.

The design and development of the sample for the launch of new products will also be considered as research activity. For these purposes, the introduction of a new product shall be understood as the launch of a new product and as a new product, the novelty of which is essential and not merely formal or accidental.

We will also consider research activity and develop the concept of advanced "software", as long as it represents significant scientific or technological progress through the development of new theorems and algorithms or by the creation of new operating systems and languages, or provided that it is intended to facilitate access to information society services for disabled persons.

The usual or routine "software" activities are not included. "

CHAPTER IV

Defense of the competition

Article sixteenth. Publicity of the reports of the Court of Defense of Competition.

Article 16.3 of Law 16/1989 of 17 July on the Defense of Competition is amended to read as follows:

" 3. The Court shall make its report public once it has been received by the Minister for Economic Affairs and after resolving, where appropriate, the confidential aspects of its content. "

CHAPTER V

Promoting competition in the mortgage market

Article seventeenth. Amendment of Law 2/1994 of 30 March on subrogation and modification of mortgage loans.

1. The following new wording is given to Article 4 of Law 2/1994 of 30 March on subrogation and modification of mortgage loans:

" Article 4. Writing.

In subrogation writing, only the modification of the terms of the interest rate, either initially agreed or in force, the extension of the loan period, or both, may be agreed upon. "

2. The following new wording is given to Article 5 (2) of Law 2/1994 of 30 March on subrogation and modification of mortgage loans:

" 2. The new agreed terms of interest rate, term, or both. "

3. New wording is given to Article 9 of Law 2/1994 of 30 March on subrogation and modification of mortgage loans, which has the following wording:

" Article 9. Tax benefits and registration fees in the amending mortgage loans.

Will be exempt in the gradual mode of "Documented Legal Acts" the public writings of amending mortgage loans agreed upon by common agreement between creditor and debtor, provided that the creditor is a of the entities referred to in Article 1 of this Law and the amendment concerns the terms of the interest rate initially agreed or in force, the alteration of the term of the loan, or both.

For the calculation of the notarial and registral fees of such type of scripture, it will be taken as a basis to apply to the amount of capital outstanding at the time of the novation of the differential between the interest of the loan being amended and the new interest. In the case of amending novations referring exclusively to the alteration of the term of the loan, it shall be taken as the basis of 1 per 1,000 of the outstanding capital figure of amortisation at the time of the novation. "

4. A new Article 10 is introduced in Law 2/1994 of 30 March on subrogation and modification of mortgage loans, with the following content:

" Article 10. Commission for extension of the term of the loan.

In the amending novations that aim to extend the term of the loan, the lending institution shall not be able to receive a change in terms of more than 0.1% of the outstanding capital figure. to write down. "

Article eighteenth. Registration and notarial tariffs.

One. In the subrogations, with or without simultaneous novation, and in the amending novations of mortgage loans under Law 2/1994 of 30 March, it shall apply to the rights provided for in paragraph 1 of number 2, " Annex I to Royal Decree 1426/1989 of 17 November 1989 approving the tariff of notaries and those provided for in Annex I to Royal Decree No 1427/1989 of 17 November 1989 on the tariff for non-member States of the European Community the registrars of the property, the following reductions or bonuses, without any application those provided for in those provisions:

1. A 90 percent if it is operations that incorporate variation in interest rate conditions, in cases where a variable rate system is passed to a fixed rate system.

2. ª 75 percent in any other operation.

In any case, the maximum limits of the tariff duties provided for in Law 41/1980 of 5 July, of urgent measures to support housing, and the reductions or reductions provided for in the legislation, will apply. special.

Two. The amendments which, as from 27 April 2003, may be made in respect of the tariffs referred to in this Article may be carried out in accordance with the specific rules governing the duties.

Article nineteenth. Instruments for hedging the interest rate risk on mortgage loans.

1. Credit institutions shall inform their mortgage debtors with which they have subscribed to a variable rate of interest, on the instruments, products or systems covering the risk of an increase in the interest rate that they have available. The contracting of such coverage shall not entail the modification of the original mortgage loan agreement.

2. The entities referred to in the preceding paragraph shall offer those who apply for mortgage loans at the variable rate of interest at least one instrument, product or system for hedging the risk of interest rate increases.

The characteristics of such an instrument, product or coverage system shall be included in the binding offers and in the other information documents provided for in the rules of organisation and discipline relating to the the transparency of mortgage loans, issued under the provisions of Article 48.2 of Law 26/1988, of July 29, of Discipline and Intervention of Credit Entities.

The provisions of this paragraph shall apply to the binding offers provided for in Article 2 of Law 2/1994 of 30 March on subrogation and modification of mortgage loans.

3. The risk hedging instruments of the interest rate referred to in this Article shall have the following treatment in the Income Tax of the Physical Persons:

1. The cost of these hedging instruments shall be included in the maximum basis of deduction referred to in the second paragraph of Article 55.1.1. (a) of Law 40/1998 of 9 December of the Income Tax. of the Physical Persons and other Tax Standards.

2. The income derived from the application of these instruments shall be exempt when they cover exclusively the interest rate risk of a mortgage loan intended for the acquisition of the taxpayer's habitual housing. In such cases, for the calculation of the abovementioned maximum basis of deduction, the interests satisfied by the taxpayer shall be reduced in the quantities obtained by the application of the said instrument.

Article 20. Term procurement of electrical energy.

One. Article 16 (1) (a) of Law 54/1997 of 27 November 1997 on the Electrical Sector is amended as follows:

" (a) On the basis of the price offered to the market operator by the different production units, the electricity shall be paid on the basis of the marginal price corresponding to the offer made by the last unit of production. production whose entry into the system has been necessary to meet the demand for electrical energy, in accordance with the provisions of Article 23 of this Law.

The electricity negotiated through the bilateral physical or forward contracting markets shall be remunerated on the basis of the price of the operations contracted on the basis of the above markets.

This remuneration concept shall also be defined in the light of the losses incurred in the transport network and the costs resulting from changes in the normal system of operation of the system of tenders. "

Two. The first subparagraph of Article 23 (1) of Law 54/1997 of 27 November 1997 on the Electrical Sector is amended as follows:

" Electrical energy producers shall make economic offers for the sale of energy, through the market operator, for each of the production units from which they are holders, when they have not received systems. (a) bilateral or period-of-time procurement which, by virtue of its characteristics, are excluded from the system of tenders

Three. Article 24 (4) of Law 54/1997 of 27 November 1997 on the Electrical Sector is amended as follows:

" 4. Different arrangements for recruitment will be regulated. In particular, the existence of contracts for the purchase and sale of electricity, contracts of a financial nature which have the underlying power of electricity, as well as bilateral contracts concluded directly between them shall be regulated. consumers and producers, between producers and traders and among the traders with each other. All of these contracts will be excepted from the offer system. "

Four. A new paragraph 5 is added to Article 24 of Law 54/1997 of 27 November of the Electrical Sector, with the following wording:

" 5. Regulation shall be governed by the establishment, organisation and operation of organised markets which aim at the time-limit for the supply of electricity, the management of which shall be the responsibility of the management companies and the subjects of the sector. electrical that may participate in these markets, the conditions in which they may do so, and the information that the Management Societies must communicate to the Market Operator and the System Operator, for the purpose of ensuring the correct operation of the electrical system. "

Five. Article 33 (2) (a) of Law 54/1997 of 27 November 1997 on the Electrical Sector is amended as follows:

"(a) The receipt of the sales offers issued for each programming period by the holders of the electric power production units, when they submit tenders through the market operator."

Six. Article 33 (2) (j) of Law 54/1997 of 27 November 1997 on the Electrical Sector is amended as follows:

" (j) Receive from the holders of the production units which negotiate their energy through either physical bilateral contracts or from the Managing Companies of the procurement markets in time the necessary information to ensure that such energy is taken into account for the determination of the daily programmes and for the practice of the liquidations which are the responsibility of the Market Operator. "

Seven. Article 33 of Law 54/1997 of 27 November 1997, of the Electrical Sector, becomes paragraph 2.k.).

Eight. Article 26 of Royal Decree-Law 6/2000, of 23 June, of Urgent Measures for the Intensification of Competition in Goods and Services Markets, is repealed.

Nine. A further sixteenth provision is added to Law 54/1997 of 27 November of the Electrical Sector, with the following wording:

" Additional Disposition sixteenth.

The government will be able to establish market mechanisms by regulatory means that encourage the hiring of electricity. Such mechanisms shall take the form of a primary emission of a certain amount of electrical energy, equivalent to a constant power for a period of not more than one calendar year.

This primary energy emission will be carried out by those power producers who have the status of major operators in the electricity sector, in accordance with the provisions of Article 34 of the Royal Decree Law 6/2000, of June 23, of Urgent Measures of Intensification of Competition in the Markets of Goods and Services.

The power affected in each issue shall not be higher, for each principal operator, than 20 per cent of the installed electrical power of which it is directly or indirectly incumbent. The production capacity that may be individually acquired in each issue, for each participant, shall be limited to a maximum of 10 percent of the total power emitted.

The government shall regulate the conditions and the procedure of operation and participation in this primary emission of electrical energy, which shall be public, transparent and non-discriminatory. "

Additional disposition first.

In the subrogations that occur in the mortgage loans at variable interest, as of 27 April 2003, in accordance with the provisions of Article 1.1 of Law 2/1994 of 30 March on Subrogation and changes in mortgage loans, and even if the possibility of early repayment is not included, the amount to be charged by the lending institution as a commission for the early repayment of its credit shall be calculated on the basis of the capital to be amortised, in accordance with the following rules:

1. When early amortisation has been agreed without setting a fee, there will be no right to receive any amount for this concept.

2. If an early amortisation fee equal to or less than 0.50 percent had been agreed, the commission to be charged will be the one agreed upon.

3. In other cases, the lending institution may only receive 0,50% of the advance amortisation fee, whichever is the case. However, if the lending institution demonstrates the existence of economic damage that does not involve the loss of earnings, produced directly as a result of early repayment, it may claim that loss. The claim of the damage by the creditor shall not prevent the conduct of the subrogation, if the circumstances set out in this law are present, and shall only result in the compensation, in due time, of the amount corresponding to the damage produced.

Additional provision second. Studies on the Special Agrarian System of Social Security.

Within six months of the entry into force of this law, the government will prepare a study examining the possibility of changing the scope of the concept of self-employed workers to a standard. Special Agricultural Scheme and the feasibility of establishing reductions in the basis of contributions for a period of three years for young people under 30 years of age who are, for the first time, employed as self-employed persons, to that scheme Special.

Additional provision third. Amendment of the Law on Insolvency.

A paragraph 3 is inserted in the second provision of Law 22/2003, dated July 9, with the following wording:

" 3. The legal rules referred to in the preceding paragraph shall apply with the subjective and objective scope provided for in the operations or contracts referred to therein, and in particular those relating to operations relating to the payment and settlement and securities clearing systems, double transactions, repurchase agreement transactions or financial transactions relating to derivative instruments. '

First transient disposition.

The provisions of the 17th and 19th articles of this law will apply to mortgage loans in force as of April 27, 2003.

Second transient disposition. Deadline for the option of the employees on behalf of the Special Agrarian Regime.

Workers falling within the scope of Article 9 (3) of this Law may benefit from the levy scheme provided for in paragraphs 1 and 2 of that Article as from 1 January 2004. (a) to be taken into account before 31 January of the same year. This option will in any case be irrevocable.

Final disposition first. Additional contribution for the extension of temporary disability protection.

As of the entry into force of the extension of the temporary disability protection referred to in Article 8 of this Law, the types of contributions set out in Law 52/2002 of 30 December 2002 on Budgets State Generals for the year 2003 will be amended as follows:

(a) In the Special Scheme of the Self-Employed or Self-Employed Workers, where the person concerned has received temporary disability protection, the rate of contribution shall be 29.80%.

b) In the Special Agrarian Regime, when the self-employed person has received temporary disability protection, the rate of contribution will be 4.35 percent, of which 3.70 percent will correspond to contingencies. common and 0.65 percent to professional contingencies.

c) In the Special Regime of the Sea Workers, the rate of contribution for the common contingencies of the self-employed workers will be 29.80 percent.

Final disposition second. Promotion of the employment of female workers in maternity cases.

1. A new paragraph 4 is added to the number ' One. Scope " of Article 47 of Law 53/2002 of 30 December 2002 on fiscal, administrative and social measures, with the following wording:

" 4. Contracts of employment, of an indefinite duration or of a fixed or temporary nature, of working women who are suspended for maternity and leave for child care, as well as the processing of fixed-term contracts determined or temporary in indefinite periods, shall be entitled to the allowances provided for in this Article where the effective reinstatement of the woman to work occurs within two years of the date of delivery, provided that the date of birth has been produced after 27 April 2003.

Cooperatives and labour companies shall be entitled to such allowances in respect of their working or working partners, with an indefinite link, provided that the institution has opted for a security scheme. Social self-employment of employed persons. '

2. Paragraph 9 of the number ' Three is amended. Incentives " in Article 47 of Law 53/2002 of 30 December 2002 on fiscal, administrative and social order measures, being drawn up in the following terms:

" 9. The contracts of employment and relations referred to in paragraph 4 of this Article shall entitle to an allowance in the business quota for common contingencies of 100% for the twelve months following the effective reinstatement of women to work after the period of suspension of the maternity contract and on leave of absence for child care, in accordance with the provisions of paragraph 4.

In the case of fixed-term or temporary contracts entered into prior to 27 April 2003, when the re-incorporation occurs in the terms set out in the preceding paragraph and, before the end of the period one year from the same, the contract shall be transformed into an indefinite period, the duration of the allowance referred to in the preceding paragraph shall be eighteen months.

The allowance referred to in the preceding paragraph shall not be cumulable to other allowances due for the processing of contracts. "

3. A new paragraph 10 is added to the number ' Three. Incentives " in Article 47 of Law 53/2002 of 30 December 2002 on fiscal, administrative and social measures, with the following wording:

" 10. The employment contracts covered by this programme for the promotion of stable employment shall be formalised in the official model provided by the National Employment Institute, except in the case of contracts already in existence, to which the 3 and 4 of number One. "

4. Paragraph 3 of the number ' Five is amended. Exclusions ", in Article 47 of Law 53/2002 of 30 December 2002, of fiscal, administrative and social order measures, which is worded as follows:

" shall not apply to business contributions concerning workers who provide their services in public administrations or in public bodies governed by Title III of Law 6/1997 of 14 April 1997. Organisation and Operation of the General Administration of the State:

(a) The bonuses of indefinite contracts with workers of sixty or more years and with an seniority in the company of five or more years.

(b) The bonuses of the employment contracts of working women who are suspended for maternity and for leave of absence for child care. "

Final disposition third. Payment of the unemployment benefit in its single payment method.

The first paragraph of the first paragraph of the first paragraph of the first paragraph of the fourth transitional provision of Law 45/2002 of 12 December 2002 of urgent measures for the reform of the system of protection for unemployment and improvement of the the occupability, being drawn up in the following terms:

" First. The managing body may pay the current value of the amount of the contributory level unemployment benefit to the benefit recipients if they are to be established in a stable way as working or working partners in cooperatives or cooperatives. in working companies, provided that they have not maintained a prior contractual relationship with those companies over the 12 months, or constitute them, or where such beneficiaries intend to constitute self-employed persons and are persons with a disability equal to or greater than 33%. "

Final disposition fourth. Promotion of the employment of disabled women.

A second paragraph is added in Article 44.D (1) (a) of Law 42/1994, of 30 December, of fiscal, administrative and social measures, with the following wording:

" In the specific case that disabled women are hired, companies will be entitled to a 90 per cent allowance in the business listing for common contingencies if the contracted woman has an age equal to or greater than forty-five years and 80% in the case of a minor of that age. "

Final disposition fifth. Implementing and development provisions.

The Government is authorized to issue the provisions necessary for the implementation and development of this law.

Final disposition sixth. Entry into force.

This law shall enter into force on the day following its publication in the "Official State Gazette".

Final disposition seventh.

The exemption provided for in Article 20 (1) of Law No 37/1992 of 28 December 1992 on the value added tax shall continue to apply equally to the postage effected by means of printing or (a) a machine stamping on the part of undertakings which have been granted permission to cross correspondence to a third party or a postal enabling title. Where the pro rata rule is applicable, the amount to be computed in the denominator shall be the difference between the consideration received for the postage and its acquisition cost.

Single repeal provision.

Any provisions of equal or lower rank are repealed to be contrary to the provisions of this law.

Therefore,

I command all Spaniards, individuals and authorities, to keep and keep this law.

Madrid, 11 November 2003.

JOHN CARLOS R.

The President of the Government,

JOSÉ MARÍA AZNAR LÓPEZ