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Royal Decree 414/2014, 6 June, Which Regulates The Direct Award Of Grants For The Acquisition Of Electric Vehicles In 2014, In The Framework Of The Integrated Strategy For The Promotion Of Electric Vehicle In Spain 2010-201...

Original Language Title: Real Decreto 414/2014, de 6 de junio, por el que se regula la concesión directa de subvenciones para la adquisición de vehículos eléctricos en 2014, en el marco de la Estrategia integral para el impulso del vehículo eléctrico en España 2010-201...

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The electric vehicle is called to be part of sustainable mobility in cities, due to its benefits in terms of energy efficiency and reduction of dependence on petroleum products, as well as reduction of CO2 emissions and other greenhouse gases, in turn helping to improve the air quality of our cities and to reduce noise pollution and further promote the consumption of indigenous energy, especially from renewable sources.

The Comprehensive Strategy for the Impulse of the Electric Vehicle 2010-2014 highlighted the need to carry out a series of integrated actions in the different sectors, in order to promote the development and use of electric vehicles in Spain. This initiative emerged with the conviction that this transport technology represents, in the current economic context, a challenge and an opportunity for several strategic sectors such as energy, automotive and the technologies of the information and communications, both from an industrial and technological point of view, and from an energy and environmental point of view.

Among the measures contained in the first Action Plan 2010-2012, they occupied a prominent place for the promotion of the demand for electric vehicles and in particular, the aids for the acquisition of these vehicles, established in the Royal Decree 648/2011 of 9 May 2011 regulating the direct grant of subsidies for the acquisition of electric vehicles during 2011, as amended by Royal Decree 1700/2011 of 18 November and subsequently by the Royal Decree 417/2012, of February 24. To give continuity to this line of action, Royal Decree 294/2013 of 26 April, regulated the direct granting of these incentives in the period from 1 January 2013 to 31 October 2013.

These incentive programs, complemented by other programs and projects previously launched, such as the MOVELE Pilot Project and the support line for the acquisition of alternative technologies vehicles, in the Framework of the Plan of Action 2008-2012 of the Energy Savings and Efficiency Strategy of Spain 2004-2012, have contributed to favor the acquisition of about 8,500 electric vehicles, which will allow to avoid, throughout the useful life of the The emission of 127,500 tons of CO2 and the saving in that period of 255,000 barrels of oil.

Due to the high extracoste that still has the electric vehicle today, in relation to the vehicles of conventional technologies, it has been considered convenient and necessary to give continuity to such programs of incentives, to promote its implementation, such as the one carried out through the regulation of direct grant of grants, established by this royal decree and whose management is entrusted to the Institute for the Diversification and Saving of Energy (IDAE), a public entity which, in accordance with Article 3 of this Statute, has been approved by Royal Decree 18/2014 of 17 January, entrusted, inter alia, with the tasks of " analysing, determining, proposing and, where appropriate, implementing the measures necessary to obtain effective sectoral policies, promoting the use of new technology in equipment and projects and encourage the use of new energy sources, the rationalization of consumption and the reduction of energy costs. " To this end, the IDAE may carry out " the allocation and control of any grants and financial incentives for conservation, saving, diversification and energy development purposes. The Institute may also exercise the functions of agency, mediation or creation of funding channels for enterprises or entities in general that are appropriate for the achievement of the defined objectives. "

On the other hand, most of the requirements set out in Royal Decree 294/2013 of 26 April 2013 governing the direct grant of subsidies for the purchase of electric vehicles in 2013 are maintained. Framework of the Integral Strategy of Impuling to the Electric Vehicle in Spain 2010-2014, introducing, moreover, some modifications in the management of the same one, own of the nature and different regime of grant of the aids to grant as well as others derived from the experience acquired in the management of the PIVE Programme, all with the aim of simplify and speed up processing for both the point of sale and the applicant or final beneficiary of the aid.

Among these most important changes, in respect of the aforementioned Royal Decree 294/2013, of 26 April, is a mandate for the provision of the interested parties of a catalogue where the electric vehicles object of support in the program, located on the website www.movele.es.

Another modification is the automatic adherence of the sales points of the PIVE Program in its last call, to the MOVELE 2014 Program, provided that they are aware of their tax obligations and in the face of security. Social and that no one of the circumstances set forth in article 13 of Law 38/2003, of 17 November, General of Grants, is committed, being committed to the fulfillment of the established in the royal decree, except express waiver.

With respect to the beneficiaries, it includes the Autonomous Communities, Local Corporations as well as the agencies and public entities that are dependent on or linked to both the former and the Administration itself. State General.

The level of aid is also raised in the specific cases of beneficiaries of large families and disabled persons with reduced mobility and a vehicle adapted for their driving, provided that the adaptation is recorded. on the technical tab of the vehicle purchased.

The aid covered by this royal decree may be co-financed with Community funds under some of the Operational Programmes of the European Regional Development Fund (ERDF). The full implementation of the management and control mechanisms included in the Operational Programmes and instruments applicable to the Fund is therefore included.

Moreover, like the Royal Decree 294/2013, of 26 April, this royal decree is continuation or extension of Royal Decree 648/2011, of May 9, which was submitted to the procedure of information in the field of norms and technical regulations and regulations relating to the services of the information society, regulated in Royal Decree 1337/1999 of 31 July, for the purpose of complying with the provisions of Directive 98 /34/EC of the European Parliament and the Council of 22 June, as amended by Directive 98 /48/EC of the European Parliament and of the Council of 20 July. On the basis of Article 8.1 (3) of Directive 98 /34/EC, a new notification is not necessary, since this royal decree does not make significant changes to the scope of the Directive, nor does it add new specifications or requirements.

The aid regulated in the royal decree is established as a right of the petitioner who fulfils the conditions for his concession, that is, he does not compete with any other to obtain them, since for the mere fact of carrying out the behaviour established in the standard and complying with the conditions and conditions required, the grant must be granted, which determines that the procedures are initiated at the request of the person concerned, in contrast to the concurrency a competitive procedure which is initiated on its own initiative in accordance with Article 23 of Law 38/2003, of 17 November, General of Grants. This does not make it possible to call for aid to be granted to the acquisition of the electric vehicle.

There are peculiar reasons of public, social and economic interest for the development of impulse actions of the electric vehicle through the granting of direct grants. This aid is therefore applicable to the aid provided for in Article 22.2.c of Law 38/2003 of 17 November, General of Grants, relating to aid under direct concession, and a royal decree is required which, in accordance with the provisions of the with Article 28 (2) of that law, approve the special rules of the subsidies referred to in Article 22 (2) (c)

This royal decree is dictated by the state competence in terms of bases and coordination of the general planning of economic activity provided for in Article 149.1.13. of the Constitution.

The Government's Delegate Committee for Economic Affairs has reported this royal decree at its meeting on May 29, 2014.

In its virtue, on a proposal from the Ministry of Industry, Energy and Tourism, prior to the report of the Ministry of Finance and Public Administrations and after deliberation by the Council of Ministers, at its meeting of 6 June 2014,

DISPONGO:

Article 1. Purpose, purpose and concession scheme.

1. It constitutes the object and purpose of this royal decree the regulation of the procedure for the direct grant of aids to the acquisition of electric vehicles 2014 (Program MOVELE 2014), in order to encourage and to promote the acquisition of vehicles new electrical energy, such as those whose propulsion energy comes from the electricity of their batteries, which are charged through the electricity grid, in whole or in part, thereby facilitating and promoting the development of mobility In the light of its contribution to the improvement of the transport sector, energy efficiency and environmental as well as the reduction of energy dependence on oil.

2. The aid regulated in this royal decree will be granted by the Institute for Diversification and Energy Saving (IDAE), as a grant organ, to applications that meet each and every one of the requirements set out in this royal decree, by a strict order of activation of the budget reserve and until the available budget is exhausted, or, if it occurs before, until the date of validity of the programme referred to in Article 7.3 is reached. Furthermore, these aid, with the exception of those whose applicants are private individuals, entities and non-profit institutions which are unable to undertake economic activities which have an impact on third parties, will be subject to the conditions and limits laid down in the laid down in Commission Regulation (EU) No 1407/2013 of 18 December 2013 on the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union to de minimis aid (Official Journal of the European Union) European Union ' No. L 352, of 24 December 2013), subject to the provisions of Article 5. 2 and 3 of this royal decree.

For these purposes, these applicants must submit a responsible declaration for all aid granted, making special mention of the de minimis aid received during the two fiscal years. and during the current fiscal year, in accordance with the provisions of the relevant aid application, and without prejudice to Article 5. 2 and 3 of this royal decree.

Article 2. Funding.

1. The financing of the aid covered by this royal decree will be carried out from the budget, amounting to EUR 10 000 000, from the budgetary implementation provided for in Law 22/2013 of 23 December 2013 on the general budget of the State for the year 2014, Section 20, Service 16, Program 422B, concept 741 ("The Institute for Diversification and Energy Saving (IDAE) for the promotion of the demand for electric vehicles").

2. In addition, they may be co-financed with Community Funds, under some of the Operational Programmes of the European Regional Development Fund (ERDF).

Article 3. Actions eligible for assistance.

1. The aid shall be used for direct acquisition or acquisition by means of financing operations for leasing or leasing of the following categories of new electric vehicles (or operating leasing). registered for the first time in Spain, which have been acquired and paid to the point of sale as a whole, of one of the categories listed below, as defined in Directive 2007 /46/EC of the European Parliament and of the Council of 5 of September 2007 establishing a framework for the approval of motor vehicles and their trailers trailers, systems, components and separate technical units intended for such vehicles and in Directive 2002/24/EC of the European Parliament and of the Council of 18 March 2002 on the approval of two or more motor vehicles three wheels, incorporated into the Spanish order by Royal Decree 2028/1986 of 6 June 1986 laying down rules for the application of certain EEC Directives relating to the type-approval of motor vehicles, trailers and semi-trailers as well as parts and parts of such vehicles:

(a) M1 Turisms: motor vehicles intended for the transport of persons having at least four wheels and having, in addition to the driver's seat, eight seats at the most.

(b) Vans or light trucks N1: motor vehicles intended for the carriage of goods having at least four wheels with a maximum permissible mass (MMA) of 3,500 kg or less

(c) Bus or coach M2: vehicles intended for the transport of persons in addition to the driver's seat more than eight seats and with an MMA of less than 5,000 kg.

(d) Bus or coach M3: vehicles intended for the transport of persons in addition to the driver's seat more than eight seats and with an MMA of more than 5,000 kg.

e) Furgons or light trucks N2: motor vehicles intended for the transport of goods having at least four wheels with an MMA exceeding 3,500 kg and less than 12,000 kg.

(f) L6e light cycles: four-wheel cars with a vacuum mass of not more than 350 kg, not including the mass of the batteries for electric vehicles, and the maximum net engine power of which is less than or equal to 4 kW and the maximum speed not exceeding 45 km/h.

g) L7e heavy carcase (s): four-wheel cars with a vacuum mass of less than or equal to 400 kg or 550 kg, in the case of vehicles intended for the carriage of goods, not including the mass of the batteries for the purposes of the electric vehicles, and the maximum net engine power of which is less than or equal to 15 kW.

2. Such acquisitions shall take place from 1 January 2014 until 31 December of the same year, and applications shall be recorded in the Telematics System 2014 for the management of the MOVELE Programme of the Institute for the Energy diversification and savings (IDAE), from the opening of the system until 31 December 2014 or until the available budget of the Programme is exhausted, if this is the case previously.

In addition, these acquisitions, in the form of acquisition through financing operations by renting (or operating leasing), may only be subject to aid on condition that the corresponding lease agreement establish a minimum duration of two years from the date of its formalisation, in any case, as or after 1 January 2014. In addition, this lease must expressly provide that the lessee is the beneficiary of the aid which is granted, and the total application of the aid to the reduction of the aid is also expressly provided for in the contract. payment or lease fees to be paid by the lessee, specifying the amount corresponding to those fees before the application of the aid and the same amount after its application.

3. Within the framework of this programme, a limit for the purchase of vehicles by the same beneficiary of up to 30 vehicles is hereby established for all the different categories of support, unless the limit is to be lower. the limit set out in the relevant de minimis Regulation de minimis ) that is applicable to it, has been reached by the applicant.

4. Aid for the purchase of a new vehicle, as provided for in this royal decree, shall be granted for one time without duplicity in the event of successive transmissions of the same vehicle.

5. Vehicles which may be supported under this aid programme must be included in the catalogue of vehicles (MOVEE Catalogue) published on the website: www.movele.es, on the date of the establishment of the budget reserve, the provisions of Article 8 (c).

The registration of vehicle brands and models in this catalogue shall be free and voluntary for any manufacturer or importer who so requests, provided that the characteristics of the vehicles to be included are in accordance with the provisions of this catalogue. this royal decree. The introduction and modification of vehicles in the catalogue shall be carried out by authorised and duly accredited persons responsible for vehicle markings for this purpose.

6. Direct acquisitions or by means of financing operations by leasing or leasing (or operating leasing) that are carried out by a point of sale adhered to for itself shall not be eligible for assistance.

Article 4. Beneficiaries.

1. In the case of direct acquisitions or financial leasing financing operations, the holder of the registration registered in the database of the Directorate-General for the purposes of this royal decree is understood as a beneficiary for the purposes of this royal decree. Traffic.

In the case of acquisitions by leasing financing operations (or operating leasing) the beneficiary will be the renter of the operating lease or lease.

2. They may be beneficiaries of the aid provided for in this royal decree:

a) Self-employed professionals, who will have to be discharged from the Census of Employers, Professionals and Reholders.

(b) Natural persons resident in Spain not covered by paragraph (a).

(c) Private companies, validly incorporated in Spain at the time of filing, and of a legal nature such that their Tax Identification Number (NIF) begins with the letters A, B, C, D, E, F, G, J, N, R or W.

(d) The Local Entities, the Administrations of the Autonomous Communities, and the public entities linked to or dependent on any of the above, prior to the report of the Ministry of Finance and Public Administrations on compliance with the relevant conditions of budgetary stability and also other public entities linked to or dependent on the General Administration of the State.

(e) the sales points attached to the programme may obtain the status of beneficiaries, provided that the sales operation is carried out by another dealer or point of sale adhered to the programme, with different legal personality to the programme. of the beneficiary concerned.

3. Persons or entities to whom one of the circumstances listed in Article 13 is present may not be eligible for the status of beneficiaries. 2 and 3 of Law 38/2003, of 17 November, General of Grants as well as outstanding obligations of reimbursement of grants or aid. The non-concurrence of these circumstances shall be accredited by the applicant's responsible declaration, which shall subscribe together with the aid application.

4. The applicant must be aware of the compliance with his tax obligations and social security, which will be credited by means of a responsible declaration, which he will sign together with the aid application, except in the case of public administrations and public entities linked to or dependent on them, and without prejudice to the provisions of Article 9 (g).

5. Undertakings which are subject to a recovery order pending after a prior decision of the Commission which has declared unlawful or incompatible aid with the common market shall not be eligible for the status of beneficiaries.

Article 5. Amount of aid.

1. Depending on the category of the vehicle to be acquired and its autonomy in exclusively electric mode, the distance being able to travel through the vehicle using exclusively the energy accumulated in its batteries and that declares the manufacturer in the technical and commercial documentation of the vehicle, the following individual amounts of aid are established:

(a) The amount of the subsidy for all vehicles of categories M1 and N1 which are powered by batteries, fully or partially loaded with electricity from the network, shall be:

i. EUR 3,000 for vehicles with exclusively electric autonomy not exceeding 40 km and not less than 15 km.

ii. EUR 4,500 for vehicles with exclusively electric autonomy exceeding 40 km and less than or equal to 90 km.

iii. EUR 6,500 for vehicles with exclusively electric autonomy exceeding 90 km.

For these same categories and in the specific cases of beneficiaries members of large families and disabled persons with reduced mobility who acquire adapted or adapted vehicles for their driving, provided that the The following shall be included in the technical information sheet of the vehicle

:

iv. EUR 3,500 for vehicles with exclusively electric autonomy not exceeding 40 km and not less than 15 km.

v. EUR 5,300 for vehicles with exclusively electric autonomy exceeding 40 km and less than or equal to 90 km.

vi. EUR 7,700 for vehicles with exclusively electric autonomy exceeding 90 km.

(b) The purchase of M2 and commercial vehicles N2 shall be subject to a grant of EUR 8 000, provided that their autonomy under an exclusively electric system is greater than 90 km.

(c) The purchase of M3 buses and coaches shall be the subject of a grant of EUR 20 000, provided that their autonomy under an exclusively electric system is greater than 90 km.

d) L6e light quadricycles will have a vehicle grant of 1,800 euros and the heavy quadricycles L7e of 2,200 euros per vehicle.

For these same categories and in the specific cases of beneficiaries members of large families and disabled persons with reduced mobility who acquire adapted or adapted vehicles for their driving These, provided that the adjustment is made on the technical information sheet of the vehicle purchased, the aid shall be EUR 2,500 for the light quadricycles L6e and EUR 3 000 for the heavy quadricycles L7e.

2. In the event that the beneficiary carries out a business activity as referred to in paragraphs (a) or (c) of Article 4.2 of this royal decree, the amounts set out above may be reduced in application of the limits laid down by the Commission Regulation (EU) No 1407/2013 of 18 December 2013 on the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union to aid for the purposes of de minimis, by Regulation (EU) No 1408/2013 Commission of 18 December 2013 on the application of Articles 107 and 108 of the Treaty on European Union functioning of the European Union to the de minimis aid in the agricultural sector, by Commission Regulation (EC) No 875/2007 of 24 July 2007 on the application of Articles 87 and 88 of the Treaty aid de minimis in the fisheries sector and amending Regulation (EC) No 1860/2004, as well as any other provision which may be applicable and approved during the duration of this programme.

3. In accordance with the abovementioned Regulations (EU and EC) 1407/2013, 1408/2013 and 875/2007, the amount of the subsidy or cumulative aid to which they have been received by the de minimis concept in the financial year 2014 and in the two previous years, may exceed the amount of EUR 200,000, of EUR 100 000 for companies operating in the road transport sector, of EUR 30 000 for undertakings engaged in the production, processing and marketing of products of fishing or of 15,000 euros for companies operating in the production of agricultural products. Undertakings engaged in the processing and marketing of agricultural products shall be subject to the general limit of EUR 200,000.

4. A specific paragraph is included in the electronic form of aid application where the applicant, where appropriate, shall declare that it does not exceed the limits set out in the previous heading.

Article 6. Management of the aid.

The management of the aid will be carried out by the IDAE through an application developed ad hoc as a telematic system for the management of assistance of this MOVELE Program 2014, in the framework of the Comprehensive Strategy for the impulse of the electric vehicle in Spain 2010-2014.

Article 7. Duration of the MOVELE 2014 programme and time limits for the submission of applications.

1. The MOVELE 2014 Programme shall take effect from the day following the date of publication in the 'Official State Gazette' of this royal decree and shall end on 31 December 2014 or, if it occurs earlier, when the budget is exhausted. available as set out in Article 2.

2. The time limit for the submission of aid applications shall be from the day of activation of the telematic system for the management of aid referred to in the MOVELE programme 2014 until 31 December 2014, inclusive or until the date of the application of the aid. the budget set out in Article 2 of this royal decree, in the event of a prior occurrence.

3. The date and time of activation of the telematic system for the management of aids will be conveniently notified by the IDAE to the concessionaires attached to the MOVELE Program 2014, through the website of the same, hosted on the website of the IDAE, www.idae.es

Article 8. Procedure.

The applications for aid set out in this royal decree will necessarily be channelled through the points of sale of vehicles previously attached to the MOVELE 2014 Programme, according to the following procedure:

(a) The points of sale of vehicles that wish to participate in the present program are to be attached to it, as established in article 12 of this royal decree. For those points of sale already attached to the PIVE Programme, as provided for by Royal Decree 35/2014 of 24 January, which regulates the direct grant of grants from the "Program of Incentives To Efficient Vehicle (PIVE-5)", the use of their access keys for this programme, provided by the IDAE, in the IT application of the MOVELE 2014 Programme, will confirm their accession to the MOVELE 2014 Programme. With such accession, the points of sale accept and commit to the fulfillment of the full content of this royal decree.

b) On the IDAE website, www.idae.es, interested in the aid covered by this programme may know, for each postal code, the updated listing and location of the sales points attached to the MOVELE 2014 Programme, as well as the search for the brands, models and versions of the vehicles to be supported in the aforementioned programme, previously recorded in the MOVELE Catalogue, referred to in Article 3.5.

(c) The potential beneficiary or the person concerned shall be directed to a point of sale adhered to the MOVELE 2014 Programme and shall choose from among the vehicles present in the MOVELE Catalogue any of the vehicles that meet the requirements laid down in Article 3. The vehicle sales point, with its access keys that identify you as a member of the MOVELE 2014 Program, will be able to verify, in real time through the computer application created to the effect and located on the website of the IDAE, the volume of funds available in the programme and make, where appropriate, the budget reserve for the relevant aid application.

(d) To make the budget reserve, the point of sale shall, in electronic form, complete the basic data of the operation, relating to the beneficiary and the purchased vehicle, which shall select from the list which appears in the IT application, corresponding to vehicles already registered in the MOVELE Catalogue.

Once the vehicle is selected for support, the application itself shall assign the amount of the support to it under this programme, as set out in Article 5.

After the reservation of the budget, the point of sale adhered will receive an email, addressed to the address provided for this purpose, confirming the reservation of budget made for the corresponding request, as well as the amount assigned to it.

In the particular cases of beneficiaries of large family members and disabled persons with reduced mobility and adapted vehicle, whose adaptation is made prior to their sale, the point of sale must select the the relevant option, in order to enable the beneficiary to obtain the aid established for these cases in Article 5.

e) In the confirmation email of the budget reserve, the point of sale will receive, as an accompanying document, the pdf of the application form for the purchase of the vehicle corresponding to the operation referred to, where the name and DNI/NIF/NIE of the beneficiary is reflected, as well as the mark, model and version of the vehicle acquired, category and autonomy in electric mode and the amount of aid granted to it, in accordance with Article 5. The point of sale shall be printed in triplicate.

This application must be signed by the beneficiary and signed and sealed by the point of sale adhered to the program, each one being left with an original. The third original copy shall also be kept by the point of sale adhered to for the purposes of Article 10.6.

(f) The point of sale of vehicles adhered to the programme shall offer the price of the vehicle, applying on the invoice, after tax, the discount of the aid which is collected on its corresponding application form.

(g) Prior to the sale of the vehicle to the potential beneficiary, the point of sale adhered to shall be verified that the buyer or applicant for the aid is a subject meeting the requirements of Article 4. In the case of operating leasing or leasing operations it shall be the lessee of the vehicle to acquire by the renting undertaking, as a beneficiary of the aid, that which has to comply with those requirements.

The point of sale shall then collect from the beneficiary all the documentation set out in Article 9. Once it has been done, it must be loaded into the software application of the programme and the records which were not previously included in the activation of the budget reserve of the aid application, corresponding to the registration number, the frame number and the date of registration of the vehicle purchased.

In the specific case of sales transactions made at dealerships or points of sale attached to the MOVELE 2014 Programme, from 1 January 2014 and before the date of entry into force of this Agreement programme, the beneficiary will be able to go to the concessionaire and request the assistance that could be provided to him under the MOVELE 2014 Programme.

In this case, the dealer or point of sale shall verify that the vehicle's sales operation complies with the different requirements set out in Articles 3 and 4 and shall then collect the documentation laid down in Article 9. The concessionaire or point of sale shall also pay a credit for the amount of the aid to the vehicle's acquirer and to charge the application, together with the purchase and sale invoice, with the proof of that payment.

(h) Taking into account that the maximum period between the activation of the budget reserve and the provision of the beneficiary of a new vehicle must not exceed 90 calendar days, any budget reserve with the duration exceeding 105 working days, counted from the date of activation of the budget reserve, shall be automatically cancelled, after information to the point of sale.

i) In the event that the documentation loaded telematic in the application does not meet the required requirements, the applicant and/or point of sale may be required to subsane the deficiency within 15 working days. Failure to comply with this time limit will result in the inadmission of the corresponding application and the automatic cancellation of the activation of your budget reserve.

(j) The submission of the application shall entail the conformity of the applicant or beneficiary in order to receive all the notifications which must be made by telematic means, in accordance with the provisions of each case, decree.

k) Comproved full compliance with the conditions, the IDAE will dictate resolution by which it will grant the aid and proceed to transfer the amount of the aid to the point of sale adhered through the bank account established for that purpose.

(l) The justification for the aid shall be made in accordance with the provisions of Chapter IV, Article 30 and successive, of Law 38/2003 of 17 November, General of Grants, and Title II, Chapter II of the Regulation of This Law, approved by Royal Decree 887/2006 of 21 July, according to the provisions on technical monitoring, establishes the calls and, where appropriate, as laid down in the applicable regulations of the Community Funds of the European Union, in the event that such a call was co-financed by those Funds.

Article 9. Documentation to be submitted by the vehicle point of sale

The applicants for the aid must supply to the point of sale adhered to, at the time of the purchase of the vehicle (s) susceptible of aid, their name or full social reason, national identity document (DNI), Foreign Identification (NIE) or Fiscal Identification Number (NIF), and address, in order to be incorporated into the IT application, additionally contributing the following documentation:

(a) Photocopy of the D.N.I. or N.I.E. of the individual or natural person or of the tax identification card where the NIF of the legal person is established (in force on the date of the sale of the vehicle), unless the person concerned provides express consent so that their personal identity data can be consulted by the IDAE through the Identity Data Verification System set out in Order PRE/3949/2006 of December 26, as provided by the Royal Decree 522/2006 of 28 April 2006 abolishing the provision of photocopies of documents of the identity in the administrative procedures of the General Administration of the State and its related or dependent public bodies.

(b) In the case of an applicant, a natural person, member of a large family, photocopy of the official title of large family, at the date of the sale of the vehicle. In the case of persons with disabilities who credit their reduced mobility, a certificate issued by the competent assessment bodies of the Institute of Older and Social Services (IMSERSO) or the Autonomous Communities.

c) In the case of self-employed professionals, certified to perform economic activities issued by the State Tax Administration Agency.

(d) In the case of Provincial Councils, Autonomous Administrations and public entities linked to or dependent on the former, a favourable report issued by the Ministry of Finance and Administrations public.

e) Photocopy of the Technical Sheet of the purchased Vehicle.

f) Photocopy of the Circulation Permit of the purchased vehicle.

(g) Where an amount of EUR 3 000 is exceeded in the aid or aid which may be granted to or interested in the same applicant, the applicant or the applicant shall be obliged to provide the certificate of being aware of the tax obligations issued to that effect by the State Tax Administration Agency and to be aware of the obligations towards social security, as provided for in Article 22 of the Regulation of Law 38/2003 of 17 November, General of Grants approved by Royal Decree 887/2006, of July 21.

h) For companies, valid accreditation of the signer's power of the application as a legal representative of the application, as well as the applicant's tax identification card (NIF).

i) In the case of operating leasing or leasing, in addition to the above documents, photocopy of the operating lease or operating lease shall be attached, which shall establish a minimum duration of two years and where it appears as the lessee of the the applicant for aid or potential beneficiary. Such a contract must have been concluded after or after 1 January 2014 and must expressly provide for the tenant to be the beneficiary of the aid under this programme and the application of the total of the aid. granted to the reduction of the lease or rent to be met by the lessee, specifying the amount corresponding to those quotas before the application of the aid and the same amount after its application.

(j) In the specific case of direct acquisitions or financial leasing of vehicles with a battery under lease or operating lease, a copy of the rental contract of the battery shall be provided. vehicle.

k) A photocopy of the vehicle's sales invoice, which must be the date of the invoice equal to or after 1 January 2014.

This invoice must include the following concepts: ex-works price, other costs, other possible discounts, tax base, vehicle price before VAT or IGIC, after-tax price, MOVELE 2014 programme applied after tax (specifying the concept "Discount programme MOVELE 2014") and Total to Pay or Total Invoice to be paid by the acquiring beneficiary, except as provided for in paragraph m) of this same article.

On the invoice, it must also include the registration plate and number, brand, model and version of the purchased vehicle, as well as its category according to Article 3 of this royal decree and its autonomy in electric mode, reflected in the help request tab.

In any event, the sales invoice must comply with the provisions of the Regulation governing the invoicing obligations, as approved by Article 1 of Royal Decree 1619/2012 of 30 November.

(l) Justicizer of payment for the vehicle invoice: If the payment is made by means of a nominative check or transfer order, a copy of these copies must be attached together with the copy of the bank statement of the the beneficiary in which the corresponding charge is reflected that the recipient of the payment agrees with the issuer of the invoice.

If the payment is made through a financial institution linked to the dealer/point of sale, one copy of the financing contract will have to be attached and one of the transfer made from the financial to the dealer/point of sale for the total amount financed.

The receipts issued by the dealer/point of sale adhered to the program shall not be considered valid for the purposes of payment reasons.

m) In the specific case of purchase and sale transactions made as of 1 January 2014 and before the date of entry into force of this programme, it shall be charged in the application together with the the sale, which must meet all the requirements laid down in paragraph (k) of this Article, with the exception of the entry of the aid from the applied programme, the justification for the payment made to the beneficiary by the amount of the same.

Article 10. Processing of the aid by the point of sale of vehicles.

1. The points of sale of vehicles attached to this programme shall carry out, at the time of the sale of the vehicle eligible for aid, the discount on the purchase price referred to in Article 5. The deduction of the amount of the aid shall be considered as an advance payment of the aid, subject to the verification of the required documentation.

2. The activation of the budget reserve for the aid application shall be completed by the point of sale through the IT application established for the purpose, by checking and filling in the application the identifying data of the applicant listed in your DNI, NIE or NIF.

The validity of the booking activation document is conditional on the veracity of each and every data completed in the reservation. In the event of a voluntary cancellation of the budget reserve by the applicant or interested party, the point of sale shall send the IDAE an e-mail with the identification of the reservation and the data of the applicant (name and identity card, N.I.E. or N.I.F.) to the address movele2014@idae.es

3. When making a budget reservation, the point of sale must follow the directions of the application, by entering the data requested in relation to the applicant or interested party and the vehicle to be purchased.

4. After completing the data requested by the application for the aid application, the point of sale will receive by e-mail confirmation of the activation of the budget reserve, accompanied by the corresponding application form aid, which shall also confirm the amount of aid allocated to that application, in accordance with Article 5.

The point of sale will then print three copies of the application form document and proceed to its signature and seal, also seeking the signature of the applicant or interested party.

5. After the sale has been verified, and after compliance with the provisions of the preceding paragraphs, the point of sale shall be obtained from the buyer of the documentation referred to in Article 9 and shall be charged in the computer application, completing the Form enabled for this purpose. In this context, the only format supported for document loading is the pdf.

As set out in Article 8.g), in the specific case of sales transactions made at dealerships or points of sale attached to the MOVELE 2014 Programme, from 1 January 2014 and prior to the Date of entry into force of this royal decree, the beneficiary may go to the concessionaire and ask for the appropriate assistance.

In this case, the dealer or point of sale must also make a payment for the amount of the aid to the potential beneficiary and charge the application, together with the purchase and sale invoice, the supporting document for that payment.

6. The IDAE may request, at any time, during the limitation period of the Administration's right to recognize or to liquidate the drawback, the display of the originals of the supporting documents or documentation that it deems appropriate.

It shall, where appropriate, grant reimbursement of the aid corresponding to the point of sale adhered to, in the terms laid down in Article 13, if the latter does not make such originals available within a maximum period of 15 days. (a) to be counted from the day following that which the IDAE would have required in that regard, considering that such circumstance as a breach of the obligation to justify the purpose of the aid granted.

Article 11. Obligations of applicants, beneficiaries and points of sale.

1. The obligations of applicants, beneficiaries and points of sale adhered to:

a) Follow the methodology and the procedure established in this royal decree, verifying the fulfilment of the required requirements as well as the performance of the activity and the fulfillment of the purpose that determines the granting of the aid, while retaining the supporting documents and supporting documentation of such extremes, as provided for in Article 10.6.

(b) The beneficiary of the aid and the points of sale shall be obliged to provide the checks aimed at ensuring that the performance of the aid is correctly carried out. The beneficiary of the aid and the points of sale shall also be subject to the measures of verification to be carried out by the IDAE, as well as to the financial control of the General Intervention of the State Administration and the audit control of the Court of Auditors and, where appropriate, the rules applicable to the management of aid co-financed with Community funds from the European Union.

(c) Meet the requirements of Article 13 (2) and (3) of Law 38/2003 of 17 November, General of Grants, among which are to be aware of their tax obligations and In the light of the Commission's proposal, the Commission has taken the view that the Commission's proposal for a Council Directive on the approximation of the laws of the Member States relating to: For these purposes, where appropriate, the applicant shall, together with the respective request for assistance, make a responsible statement, without prejudice to the provisions of Article 9 (g) of this Royal Decree.

2. For its part, the point of sale will provide, in any case, certification issued by the State Administration of Tax Administration to meet the current in the performance of its tax obligations, corresponding certification of to be aware of the compliance with its obligations with the Social Security and the declaration responsible for not having to have any obligation to refund of aid with the General Administration of the State and its agencies and entities public or related as well as the other circumstances set out in Article 13. 2 and 3 of Law 38/2003, of November 17.

Article 12. Adherence of vehicle sales points and obligations.

1. They may be points of sale attached to the MOVELE 2014 Programme, the companies authorised for the marketing of vehicles operating in the Spanish State and which credit to be discharged for that purpose by means of the industrial registration number identification of the establishment.

2. The points of sale interested in participating and collaborating in the MOVELE Program 2014, must enter the page of the program that will be located on the website of the IDAE (www.idae.es) and register following the indications provided by the application existing IT to that effect.

After registration, you will need to fill in the basic data that the application requires to generate the corresponding membership card. Once the process of entering the data into the application is completed, an email will be sent to the corresponding point of sale with a file containing the application for the adhesion of the point of sale of vehicles. The dealer or point of sale shall sign and seal the said application and send it by e-mail to the address given to it in the mail received with the said application, including the documents required through the application. for membership of the program.

The dealers or sales outlets already attached to the PIVE Programme, in accordance with the provisions of Royal Decree 35/2014 of 24 January, governing the direct award of grants under the ' Programme of Incentives to the Efficient Vehicle (PIVE-5) " will be automatically considered to be adhered to, provided that they are aware of their tax obligations and social security, as well as that they do not compete in the same any of the circumstances set out in Article 13 of Law 38/2003 of 17 November, General of Grants and do not have outstanding obligations of reimbursement of other aids or grants, remaining committed to the fulfillment of each and every one of the requirements set forth in this royal decree, except express renunciation. To this end, they shall provide the certifications and the responsible declaration set out in Article 11

c).

However, dealers or outlets not previously attached to the PIVE programme or who, having been attached to it, have, after their accession, undergone modifications to the data or documents In addition to the application form for membership, the following documents will have to be sent:

a) Accredited account of the current account entitlement.

b) A photocopy of the DNI in force of the signatory and proxy in case the point of sale is a legal person.

c) Accredited photocopy of the Industrial Registration Number identifying the establishment or certificate of the Economic Activities Tax.

d) Certification issued by the State Administration of Tax Administration to be aware of its tax obligations, certification to meet the current in its obligations towards Social Security and statement responsible for not being in any of the other circumstances listed in Article 13. 2 and 3 of Law 38/2003, of 17 November, General of Grants as well as not having to have any obligation of reimbursement of grants or aids with the General Administration of the State and its agencies or public entities dependent or linked.

e) Justicizer of the recognition in the General Secretariat of the Treasury and Financial Policy of the point of sale bank account for payment of the aid.

They will be exempted from providing the documentation relating to the data contained in the Registry of the Requesting Entities of Aid (RESA) of the Ministry of Industry, Energy and Tourism, regulated by the Order ITC/11/2010, 29 of April, all points of sale that would have been recorded in the application form, specifying the documentation and data that are entered in the application form.

3. If the documentation provided does not meet the required requirements, the point of sale shall be required to ensure that, within 10 working days, the necessary documentation is subsated or the necessary documentation is accompanied by an indication that if it does not will be given up on its application for membership of the programme.

4. Once admitted by the IDAE the adhesion of the point of sale to the program, the high of the point of sale will be made effective as a center adhered to the MOVELE Program 2014, informing itself to this effect by e-mail. From this moment on, you can access the telematics system in budget reservation activation management IDAE and help requests using your key and password.

5. The listing of the points of sale, for each postal code, attached to the MOVELE Program 2014 will be made public on the website of the IDAE and will be updated continuously, collecting the points of sale that will adhere, once it is validated by the IDAE documentation to be submitted by them.

6. Additional obligations for the points of sale attached to the MOVELE Programme shall be without prejudice to the other obligations set out in this Royal Decree:

(a) Inform applicants for the benefits of the electric vehicle benefits of the MOVELE 2014 Programme.

b) Make the discount, after tax, of the amount of the aid corresponding to the vehicle acquired on the occasion of the MOVELE 2014 Programme, as set out in Article 5; and to provide the beneficiaries with a copy proof of the aid application made on its behalf, as well as the original invoice containing the discount made, except as provided for in Article 9 (m).

c) Follow the methodology and procedures established in this royal decree, as well as the instructions that, in case of doubt or conflict, could be carried out by the IDAE through the resolution of its Director General.

d) To actively collaborate in the dissemination and support of the objectives of the programme relating to the awareness and dissemination of the existence of electric vehicles, as well as to the awareness of energy savings and efficiency in the transport.

e) Show in visible place, within each of the commercial premises of the concessionaire or point of sale adhered, the logo of the MOVELE Program 2014 of aids to the Electric Vehicle, as well as the advertising supports that are indicated below. The IDAE will facilitate the image of the program (logo, motto and uses among other aspects) and its corresponding "Application Manual" in the necessary formats, variants and/or adaptations (color, B/N, vertical, horizontal, etc.), to the dealers attached to the program for implementation.

In case the programme is co-financed by the ERDF, the accession to the point of sale programme implies acceptance of the provisions of Regulations (EU) No 1303/2013 and No 1301/2013, both of which are dated 17 December 2013. the European Parliament and the Council on information and publicity activities to be carried out by the Member States in relation to the Community Funds.

Advertising media will be at least:

1. At the entrance of the establishment; Cartel in minimum size DIN-A3 with the expression "attached establishment" that will accompany the logo of the MOVELE Program 2014.

2. º In the interior of the establishment; display of DISPLAY on floor of dimensions 80x130 cms., in color to 4/0 inks on cardboard of 300 gr. with plasticised gloss on visible face and cardboard support for vertical restraint.

3. In all media that are used to transmit communication (spots tv, press graphics, Internet, etc.), the logo of the MOVELE 2014 Program.

4. º On sound media, such as radio channels, will be made clear by using the expression (in on or in off) "MOVELE 2014 Program".

f) To process, complete and submit to the IDAE the corresponding requests for aid in accordance with the procedure, deadlines and requirements set out in this royal decree.

Article 13. Causes of cancellation or recovery of the aid.

1. Irrespective of the returns to which it has taken place in accordance with Article 36 of Law 38/2003 of 17 November, General of Grants, the total or partial reimbursement shall be made and the interest on late payment from the date of payment of the grant until the date of the repayment of the grant is agreed upon, in the cases referred to in Article 37 of that Law, as well as the other provisions expressly provided for by this royal decree.

2. In the case of partial defaults, the amount to be recovered by the beneficiary shall be determined in accordance with the principle of proportionality and on the basis of the justified costs and the actions accredited, in accordance with the provisions of the Article 37 (2) of Law 38/2003 of 17 November, General of Grants, in conjunction with Article 17 (3) of that Law.

Article 14. Compatibility of the aid.

1. The aid covered by this royal decree shall be compatible with other grants, aid, revenue or resources for the same purpose, from any public or private authorities, national, European Union or national international bodies. They shall in any event be compatible with other aid or subsidies which the Autonomous Communities may establish for the same purpose. In the case of de minimis aid rules of cumulation which prevent the limits of aid laid down in Commission Regulation (EU) No 1407/2013 of 18 December 2013 on aid to be exceeded shall be respected. Application of Articles 107 and 108 of the Treaty on the Functioning of the European Union to de minimis 'Official Journal of the European Union ' No. L 352 of 24 December 2013).

2. In the case of grants from other public authorities or public or private entities, the amount of aid granted may not exceed the limits laid down for each beneficiary by the de minimis ' regulations the aid shall not be applicable, nor the aid shall be such that, in isolation or in combination, it exceeds the sales price before taxes of the vehicle concerned.

Article 15. Advertising.

In all the references made by the beneficiaries or points of sale attached, in any means of dissemination, to the aid regulated in this royal decree, it must appear that they have been financed by the Ministry of Industry, Energy and Tourism through the IDAE, as provided for in Article 18.4 of Law 38/2003 of 17 November, General of Grants, without prejudice to the provisions of Article 12.6 e) of this royal decree.

In addition, if the programme is co-financed by the ERDF, the acceptance of the aid and/or the accession of the point of sale to it implies the acceptance of the provisions laid down in Regulations (EU) No 1303/2013 of the European Parliament and of the Council European and Council of 17 December 2013 laying down common provisions for the European Regional Development Fund, the European Social Fund, the Cohesion Fund, the European Agricultural Fund for Rural Development and the Fund European Maritime and Fisheries Policy and laying down general provisions for the Fund European Regional Development Fund, the European Social Fund, the Cohesion Fund and the European Maritime and Fisheries Fund, and repealing Council Regulation (EC) No 1083/2006 on information and publicity activities to be carried out by the Member States. Member States in relation to the Community Funds.

Article 16. Confidentiality and protection of personal data.

1. In accordance with the Organic Law 15/1999 of 13 December on the Protection of Personal Data, the points of sale of vehicles attached to the MOVELE 2014 Program will be expressly required to maintain strict confidentiality on any personal data which they may obtain on the occasion of the activities to be carried out under this royal decree, and may therefore not be copied or used for purposes other than those listed therein, nor shall they be copied to other people other than IDAE, not even for conservation purposes.

2. On the other hand, the information and personal data received by the IDAE from any applicant, beneficiary, interested party or point of sale adhered to the programme, in general, will also be of a confidential nature, and will be collected by the IDAE to be incorporated, respectively, to the automated files owned and held by the same: "MOVELE _PUNTOSVENTA", "MOVELE VENTAVEHÍCULOS" and "MOVELE BENEFICIARIES", in order to verify compliance, control and monitoring of the obligations established by this royal decree. Interested parties may exercise their rights of access, rectification, cancellation or opposition in writing to the General Secretariat of the IDAE, Calle Madera, number 8, 28004 -Madrid.

3. Notwithstanding the above, and with the formalization of their adherence to this program, in the form established by this royal decree, the corresponding vehicle sales points accept the publication of their identifying data on the website of IDAE, for the purposes specified therein. The beneficiaries also accept the publication of the aid data granted in order to ensure the publicity, objectivity and concurrency of the aid.

Article 17. Legal regime.

1. The grants, the concession of which is regulated in this royal decree, will be governed, in addition to the provisions of Law 38/2003, of 17 November, General of Grants, in its Rules of Procedure, approved by Royal Decree 887/2006, 21 of July, and in Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure, in Commission Regulation (EU) No 1407/2013 of 18 December 2013, corresponding to the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union de minimis aid (OJ L 352, 24 December 2013), and in the other provisions applicable to it.

2. In the case of actions or projects co-financed with Community funds, Regulation (EU) No 1303/2013 of the European Parliament and of the Council of 17 December 2013 laying down common provisions shall also apply. concerning the European Regional Development Fund, the European Social Fund, the Cohesion Fund, the European Agricultural Fund for Rural Development and the European Maritime and Fisheries Fund, and laying down general provisions relating to the European Regional Development Fund, the European Social Fund, the Cohesion Fund and the European Maritime Fund and for Fisheries, and repealing Council Regulation (EC) No 1083/2006 and Regulation (EU) No 1301/2013 of the European Parliament and of the Council of 17 December 2013 on the European Regional Development Fund and on specific provisions on the objective of investment in growth and employment and repealing Regulation (EC) No 1080/2006.

Final disposition first. Competence title.

This royal decree is dictated by the provisions of article 149.1.13. of the Spanish Constitution, which attributes to the State exclusive competence to lay the foundations and coordination of the general planning of the economic activity.

Final disposition second. Entry into force.

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

Given in Madrid, June 6, 2014.

JOHN CARLOS R.

The Minister of Industry, Energy and Tourism,

JOSE MANUEL SORIA LOPEZ