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

The positive development of the Spanish economy, in which the liberalisation measures agreed by the government have had a special impact, makes it necessary to continue to make progress in the process of liberalisation in order to keep pace with economic growth. On the other hand, the interdependence of economies, by introducing certain elements of unpredictable behaviour which may adversely affect the positive developments so far in the Spanish economy, also compels us to adopt certain measures which avoid undesirable effects.

this is why this law, in the framework of a set of measures of a structural nature that is urgently adopted by the government, in order to avoid the emergence of macroeconomic imbalances that threaten stability and stability. The process of expansion of our economy is focused, without losing its status as measures of the unitary policy of the Government, in the sectors of the competition of the Ministry of Public Works. Its main objective is to have an immediate impact on the behaviour of the various economic operators in order to stimulate competition, to achieve a better allocation of resources and, ultimately, to have a positive impact on the level of prices.

The measures, therefore, contained in this law are projected on a number of basic sectors of the sphere of action of the Ministry of Public Works, such as the real estate sector and the transport sector, including the the supply of oil to ships in ports in order to promote competition between supply companies.

As far as the real estate sector is concerned, the measures adopted are intended to correct the rigidities on the market as a result of the strong growth in demand and the impact on real estate products. the price of the soil, conditioned in turn by the scarcity of urbanized or urbanized soil, according to the cases. As a result, the reform introduced will have to increase the supply of the soil by introducing flexibility into those existing regulatory provisions that could limit it, thus shifting the positive effect to the final price of the goods. property.

In this direction, the greatest objectivization of the classification of undeveloped land and the intention to increase the supply of land that is urbanizable are oriented. With the same aim, the development of land-based soils is also being developed, which gives greater flexibility in extending the scope for action which has been recognised so far, without any of the capacity being taken into account. action and final decision of the relevant public administrations in this field. Also, in order to avoid possible blockades of the planning initiatives as a result of the inactivity of the Administration, the application of the positive silence is established.

Finally, in order to clarify the methods applicable to the valuations of urban and urbanizable soils, avoiding interpretations contrary to the general criteria of the law, the corresponding articles are modified, by making explicit the application in each case of one or another method, expressly discarding the speculative elements and expectations whose future presence is not assured and ratifying the deduction of all the expenses of the transformation of the the land covered by the law itself.

Moreover, and as far as the sector concerned is concerned, the law seeks to clarify the current situation of the exercise of the activity of property intermediation which is affected by the lack of a case-law. unanimous that it recognizes that such activity is not reserved for any singular collective of professionals.

In relation to the transport sector, the measures contained in the law are called upon to act on the concessional regime of scheduled passenger services by road, reducing the time limits for concessions, the development of the overall economy and the sector as a whole has an immediate impact on the provision of the service. This reduction in time limits will allow for a greater sequence in the award of concessions with the consequent increase in competition.

On the other hand, and in the same line of competition, it is abolished, in the port field, any obstacle of a formal nature that could lead to a restriction on the supply of petroleum products to the ships, with the positive impact on the prices to be derived from this.

The whole of these measures has its constitutional support in Article 149.1.13.a, which grants the State exclusive competence on the basis and coordination of the general planning of economic activity; in the article 149.1.1.a, which provides for the state competence for the regulation of the basic conditions guaranteeing equality in the exercise of rights and in the fulfilment of constitutional duties, in conjunction with Article 33 of the Constitution; in Article 149.1.18.a, on the common administrative procedure, and on State competition on ports of general interest and on land transport which takes place within the territory of more than one autonomous community, as referred to in Article 149.1.20. and

.

Article 1. Amendment of Law 6/1998 of 13 April on land regime and valuations.

One. Article 9 (2) is worded as follows:

" That general planning considers it necessary to preserve by the values referred to in the preceding paragraph, by its agricultural, forestry, livestock value or by its natural riches, as well as those other than It is considered inappropriate for urban development, either because of the principle of rational use of natural resources or in accordance with objective criteria of a territorial or urban nature established by urban legislation. "

Two. A new paragraph 2 is added to Article 15, with the current single paragraph as paragraph 1, in such a way as to read as follows:

" 1. Land owners classified as urbanizable will have the right to use, enjoy and dispose of the land of their property according to their rustic nature. In addition, they will have the right to promote their transformation by urging the Administration to approve the corresponding development planning, in accordance with what is established by the urban legislation.

2. The transformation of land-based land may also be promoted by public administrations whether or not they are competent for the approval of the corresponding development planning.

The public authorities referred to in the preceding paragraph may promote the transformation of land that is urbanizable either by reason of their Sunday ownership of land in the area concerned or by reason of competition. sectorial. "

Three. Article 16 is worded as follows:

" 1. The right to promote the transformation of land, through the presentation of the appropriate planning or, where appropriate, the previous proposal of delimitation of the corresponding scope for its processing and approval, shall be exercised compliance with the provisions of the urban legislation.

2. To this end, the autonomous communities, through their urban legislation, will regulate the processing, determinations and content of the documentation necessary to carry out this transformation. This legislation will also regulate the effects of the right of consultation of the competent authorities on the criteria and forecasts of urban planning, sectoral plans and projects, and the works to be carried out by the competent authorities. carry out at their expense to ensure the connection with the general systems external to the action in accordance with the provisions of Article 18 (3) of this law. Such legislation shall also set the time limits for responding to the consultation.

3. In any event, the development planning instruments drawn up by the public authorities to which their approval does not compete, or by private individuals, will be definitively approved in the course of the six months, or of which, where appropriate, is established as a maximum by the autonomous legislation for final approval, counted from the date of its submission to the competent body for final approval, provided that it has carried out the public information, requested for the reports that are required, in accordance with the legislation applicable, and the deadline for issuing them.

All of the above will be without prejudice to the provisions of the urban legislation of the Autonomous Communities in terms of allocation of competences, subrogation in their exercise and deadlines and the calculation of the silence administrative. "

Four. Article 27 is worded as follows:

" 1. The value of land-based land included in demarcated areas for which the planning has established the conditions for its development shall be obtained by application for the use corresponding to the basic value of the polygon impact, which shall be deducted from the presentations of cadastral values. In the case where the paper sets unit values for the soil, the soil value shall be obtained by application thereof to the corresponding surface. These values shall be deducted from the costs laid down in Article 30 of this Law, unless they have already been deducted in full in the determination of the values of the papers.

In the cases of non-existence, loss of validity of the values of the cadastral ponences or inapplicability of these by modification of the urban conditions taken into account at the time of their fixation, the value of the soil shall be determined in accordance with the dynamic residual method defined in the mortgage legislation, in any event considering the costs laid down in Article 30 of this Law.

In any case, the speculative elements of the calculation and those expectations whose presence is not assured will be discarded.

2. The value of the land, not included in the planning in the areas referred to in the previous paragraph and until the development planning established by the urban legislation is approved, will be determined in the form of the established for non-urban land, without any consideration of its possible urban use. "

Five. Article 28 (4) is amended and a new paragraph 5 is added with the following wording:

" 4. In the case of non-existence, loss of validity of the values of the cadastral ponences or inapplicability of these values by modification of the urban conditions taken into account at the time of their fixation, the values of the impact of the residual method.

5. In any of these cases, the value obtained by application of the impact values shall be deducted from the costs laid down in Article 30 of this Law, unless they have already been deducted in full in the determination of the values of the Papers. "

Six. The first to third and fifth transitional provisions are amended as follows:

" First transient disposition. Rules for immediate implementation.

1. On the urban land regime. The provisions of this law referred to in Article 1 (2) and (1) shall apply from the date of entry into force of that law to the implementation of the plans and rules in force at that time, without prejudice to the provisions of this Regulation. on land management and use of urban legislation.

2. On procedural rules. The rules of procedure laid down in Article 1 (3) (3) of this Law shall apply to the planning instruments in which they are submitted to the competent administrative body from the date of entry into force. of the same.

Second transient disposition. General planning in force.

The adaptation of the general planning in force to the entry into force of this law to its determinations will be carried out in accordance with the transitional regime established in the autonomous urban legislation.

In the absence of this, the current general planning will adapt its classification of soil to the provisions of this law when it comes to its revision, or to the processing of modifications that affect the classification of the soil. urbanizable.

Transitional provision third. General planning in processing.

The adaptation of the general planning to the entry into force of this law to its determinations will be carried out in accordance with the transitional regime established in the autonomous urban legislation.

In the absence of this, the general planning in processing, regardless of the stage in which it is located, will adapt its classification of soil to it.

Transient disposition fifth. Valuations.

In the expropriatory files, the provisions on valuation contained in this law shall apply, provided that the definitive fixing of the Justiprice has not been reached on an administrative basis. "

Article 2. Amendment of Law 16/1987, of July 30, of Land Transport Management.

Article 72 (3) is worded as follows:

" 3. The duration of the concessions shall be established in the concessional title, in accordance with the characteristics and needs of the service and with regard to the time limits for the depreciation of vehicles and installations. This duration may not be less than six years and not more than 15 years. Where the concession period has expired without the procedure for determining the subsequent provision of the service to be determined, the concession-holder shall extend his management until the end of the procedure, without in any event being required to continue such management for a period exceeding 12 months. ' Article 3. Conditions for the exercise of the real estate brokerage activity.

The activities listed in Article 1 of Decree 3248/1969, of 4 December, approving the Regulation of the Official Colleges of Property Agents and of its Central Board, may be exercised:

(a) By the Real Estate Agents in accordance with the professional qualification requirements contained in their own specific regulations.

(b) By natural or legal persons without the need to be in possession of any title, or of membership of any official college, without prejudice to the requirements which, for reasons of protection of consumers, establish the regulatory regulation of this activity.

Article 4. Amendment of Law 27/1992, of 24 November, of Ports of the State and of the Merchant Navy.

An additional twenty-first disposition is added with the following content:

" The Port Authorities, in accordance with the provisions of this law, will award a minimum number of fuel-supply facilities within the port public domain, on the terms and according to the criteria to be determined; these criteria shall take into account, inter alia, the intensity of the traffic, the volume of commercial operations, the area occupied by each port, its strategic position, the distance to other ports, the security conditions, the impact of the operations (a) the provision of fuel in the transport of ships and, in general, those liable to affect the security of supply and the smooth development of traffic and port operations.

In any case, the fuel-supply facilities must meet the technical requirements, as well as the safety conditions for the persons and the things, and the holder of the concession must obtain the licences, permits and authorisations in accordance with existing legislation. "

Within six months of the entry into force of this law, the Government shall develop regulations as laid down in this provision.

Single transient arrangement.

The concessions for scheduled road passenger transport lines which, at the entry into force of this law, have not exhausted their term of validity will remain until the end of the period initially granted and that of the extensions that would have been legally granted.

Single repeal provision.

The provisions of this law are repealed as many provisions.

Final disposition first. Faculty of development.

The government is enabled to develop regulations in this law.

Final disposition second. Competitive titles.

Article 1 is issued under the provisions of Article 149.1.1.a, 13. and 18. of the Constitution.

Article 2 is issued in accordance with the provisions of Article 149.1.13. and 21. of the Constitution.

Article 3 is issued under the provisions of Article 149.1.13. and 18. of the Constitution.

Article 4 is issued under the terms of Article 149.1.13. and 20. of the Constitution.

Final disposition third. Entry into force.

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

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

Madrid, 20 May 2003.

JOHN CARLOS R.

The President of the Government,

JOSÉ MARÍA AZNAR LÓPEZ