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On December 12, 2000 Order Which Regulates The Elaboration Of The General State Account.

Original Language Title: Orden de 12 de diciembre de 2000 por la que se regula la elaboraciĆ³n de la Cuenta General del Estado.

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TEXT

The recast text of the General Budget Law regulates, in its articles 132 and following, the structure of the General Account of the State, its formation by the General Intervention of the State Administration, as well as its subsequent referral to the Court of Auditors.

Law 50/1998, of 30 December, of Fiscal, Administrative and Social Order Measures, amended that recast text in order to adapt the same to both the regulation and the Law 6/1997, of 14 April, of the Organization and Operation of the General Administration of the State, performs of the entities belonging to the State public sector as in the Resolution of 30 September 1997, of the Joint Commission of the Courts General for the relations with the Court of Accounts, relating to accountability in the state public sector and to the content and scope of the Account General of the State.

The new wording given to article 132 of the recast text of the General Budget Law under Law 50/1998 establishes that the General Account of the State will be formed with the following documents:

1. General account of the State Public Administrations, which shall be formed by the aggregation or consolidation of the accounts of the entities that form their accounts in accordance with the accounting principles and standards set out in the General Plan of Public accounting and standards of development.

Likewise, the account of the management of taxes transferred to the Autonomous Communities will be accompanied, in accordance with the provisions of Article 20 of Law 14/1996, of December 30, of the Transfer of Taxation of the State to Autonomous Communities and Supplementary Tax Measures.

2. General Account of State Enterprises, which shall be formed by the aggregation or consolidation of the accounts of the entities that form their accounts in accordance with the accounting principles and standards set out in the General Plan of the Company and provisions to develop it.

3. General account of the Foundations, of competition or state public ownership, which shall be formed by the aggregation or consolidation of the accounts of the entities forming their accounts in accordance with the principles and rules of accounting collected in the adaptation of the General Accounting Plan to non-profit entities and provisions that develop it.

This new wording configures the General Account of the State as an information document formed by the aggregation or consolidation of the accounts rendered by those responsible for the various public entities, with the aim of provide an overview of the activity developed by the entire state public sector.

For its part, Article 133 of the recast text of the General Budget, as amended by Law 50/1998 mentioned above, establishes that the Ministry of Economy and Finance, on a proposal from the General State Administration shall determine the content, structure, rules of production and criteria for aggregation or consolidation of the General Account of the State, which shall in any case provide information on:

a) The economic, financial and patrimonial situation of the state public sector.

b) The economic and financial results of the financial year.

c) The execution and settlement of budgets.

This Order complies with Article 133 of the recast text of the General Budget Law, establishing the procedure for the formation of the General Account of the State.

While the ultimate goal to be achieved with this standard is for the State General Account to provide consolidated information on the activity developed by the entire public sector, there are reasons to suggest that the consolidation process is performed gradually.

The first of these is that the consolidation of accounts in the public domain is a new issue.

First, because, although there is a normalizing trend in the field of accounting, it is not possible to extrapolate the rules of consolidation of the private sector to the public sector, both for the peculiarities that they present entities in the state public sector, as well as the diversity of dependency relationships between them.

Secondly, in relation to the experiences of consolidation in other countries, it should be noted that all international pronouncements on this matter consider it appropriate and necessary for governments to present consolidated information in order to obtain a comprehensive overview of the activities carried out by the State public sector, irrespective of the degree of decentralisation with which they have been implemented.

However, at present, very few countries present these consolidated statements.

The second reason for this process to be done gradually is the coexistence in the state public sector of two accounting regimes, one public and one private sector. Depending on the activity they develop, the entities that make up the state public sector are subject to an accounting regime or another, which makes it difficult to "a priori" the presentation of consolidated statements.

As a result of the above, this rule is covered by the possibility of Article 132 of the recast text of the General Budget Law that the three documents in which the General Account is structured collect consolidated or aggregated information, has chosen to initiate the consolidation process for the General Account of the State Public Administrations, postponing the consolidation of the General Account of the State and of the State Foundations of competition or state public ownership.

Therefore, the General Account of the State Public Administrations will be formed by consolidating the accounts of the state public sector entities that form their accounts in accordance with the principles and rules of Accounting for the Public Accounting Plan and development standards.

With respect to the General Account of State Enterprises and to the General Account of the State Public Competition or Public Ownership Foundations, this rule states that they shall be formed by the aggregation of the accounts of the State entities that are integrated into the same.

Thus, this Order is structured in five sections:

First. The General Account of the State.

Second. -The General Account of the State Public Administrations.

Third. -The General Account of State Enterprises.

Fourth. -The General Account of the State's competition or public ownership Foundations.

Fifth. -Memory.

The first section defines the purpose, structure, and rules for the formulation of the General Account of the State.

This paragraph states that the documents in which the General Account is structured, in accordance with the provisions of Article 132 of the recast text of the General Budget Law, shall be accompanied by a report to be completed, and comment on the information contained therein.

The following sections of the Order analyse the content, structure, rules of production and criteria for the aggregation or consolidation of each of the documents and the contents of the accompanying Memory.

The second section analyzes the contents of the General Account of the State Public Administrations.

This section defines the entities that make up the account and describes the methods of global and proportional integration. Also described are the states that make up the General Account of the State Public Administrations; the consolidated balance sheet, the consolidated economic income account and the state of liquidation of the consolidated budget in which only entities with a limiting budget shall be included.

Finally, the information to be sent to the General Intervention of the State Administration is defined by the entities that make up the aforementioned General Account so that said management center can proceed to its formation.

The third and fourth paragraphs, respectively, analyze the General Account of State-owned Enterprises and that of the State-owned and State-owned Foundations.

They define the entities that make up those Accounts, describe the aggregation procedure, and analyze the states that compose them.

The fifth section of the Order analyzes the content and the applicable criteria for the formulation of the Memory that completes, expands and explains the information contained in the previous paragraphs in order to facilitate the understanding of them.

Finally, an additional disposition, three transients, and two endings are added:

The additional provision provides for the obligation to consolidate the annual accounts of public entities that are assigned the management of other entities of the same nature.

The transitional provisions differ from the application of the consolidation method for the formation of the General Account of State Public Administrations, as well as the integration of certain entities into that Account. General.

The final provision first enables the General Intervention of the State Administration to modify the models of States that make up the General Account of the State, as well as the technical specifications provided for in the Order.

The final disposition second sets the Order's entry into force.

The Ministry of Economy and Finance disappeared, in accordance with the provisions of Royal Decree 557/2000, of restructuring of the ministerial departments; the Royal Decree 683/2000, which amends it, and the Royal Decree 689/2000, of 12 May, establishing the basic organic structure of the Ministries of Economy and Finance, and Royal Decree 1330/2000 of 7 July, establishing the basic organic structure of the Ministry of Finance, respectively, it is for the Minister of Finance to exercise the regulatory clearance Article 133 of the recast text of the General Budget Law, adopted by Royal Decree No 1091/1998 of 23 September, as amended by Law 50/1998 of 30 December 1998.

In its virtue, and in the use of the powers granted to this Ministry by Article 133 of the recast text of the General Budget Law, on a proposal from the General Intervention of the State Administration, according to the State Council I come to have:

First. The General Account of the State.

1. The General Account of the State will show, through the documents in which it is structured, the economic, financial and patrimonial situation of the State public sector, the economic and financial results of the financial year and the implementation and settlement of budgets.

2. Structure. -The General Account of the State is structured in the following documents:

General account of the State Public Administrations.

General Account of State-owned Enterprises.

General Account of the State Competition or Public Ownership Foundations.

The above documents will be accompanied by a Memory that will complete, expand and comment on the information contained therein.

3. Rules for their formulation:

1. The General Account of the State shall be referred to the same closing date and the same period of time as the Account of the General Administration of the State.

2. The General Account of the State of each year shall be formed by the General Intervention of the State Administration and shall be submitted to the Government for referral, before 31 October of the following year to which it relates, to the Court of Auditors.

3. All the documents in which the General Account of the State is structured must be identified, indicating clearly and in each of the states that make up them, the denomination of the documents, as well as the exercise to which they relate.

4. The different states that are integrated into the General Account of the State will be drawn up in the unit of account in which the General Budget of the State is approved, with these values being expressed in thousands or millions, when the magnitude of these This is the case in the abovementioned states.

Second. The General Account of the State Public Administrations.

1. Delimitation.

1.1 The General Account of the State Public Administrations will be formed by consolidating the balance of the account of the patrimonial economic result and the state of liquidation of the budget of the entities of the sector state public to form their accounts in accordance with the accounting principles and standards set out in the General Public Accounting Plan and its implementing rules.

1.2 The state public sector entities that are integrated into this account are:

a) General Administration of the State.

(b) Autonomous bodies provided for in Chapter II of Title III of Law 6/1997 of 14 April of the Organization and the Functioning of the General Administration of the State.

c) The entities of the Social Security system.

(d) Other bodies and entities not included in the preceding paragraphs which, as provided for in Article 123.4 of the recast text of the General Budget Law or in their regulatory regulations, form their accounts the principles and accounting standards set out in the General Public Accounting Plan.

1.3 Also included in the General Account of the State Public Administrations are those entities governed by public law with their own legal personality, subject to the General Plan of Public Accounts managed by some of them. the entities listed in paragraph 1.2 above, together with other public administrations, in accordance with the terms laid down in their statutes.

1.4 The investments that the entities listed in paragraph 1.2 above have in state mercantile companies, in public enterprise entities or in other public bodies not included in the preceding paragraphs, provided that they involve direct and majority participation in the same, shall be assessed in accordance with the provisions of paragraph 5 of this paragraph.

2. Integration procedure.

2.1 The consolidation of the accounts of the state public sector entities that are integrated into this General Account shall be carried out in accordance with the procedure laid down in this Standard.

2.2 The entities referred to in paragraph 1.2 above shall be integrated into the General Account of the State Public Administrations for global integration.

2.3 The entities referred to in paragraph 1.3 above shall be integrated into the General Account of the State Public Administrations by proportional integration.

3. Description of the global integration method.

3.1 Definition. -Application of the global integration method involves the elaboration of:

A balance sheet containing all the assets, rights and obligations that make up the assets of the entities referred to in point 1.2 of this paragraph, as well as the own funds.

An account of the economic outcome in which all income and expenses that are incurred in determining the outcome of those entities shall be included.

A state of settlement of the budget in which all revenue and budgetary expenditure cleared by the entities referred to in point 1.2 of this second paragraph, the budget of which is limited in nature, shall be included.

These states shall be drawn up once the homogenizations and removals that come in accordance with the following paragraphs have been made, unless such homogenizations or eliminations offer little interest. relevant for the purpose of achieving the true and fair image of the financial and financial situation and of the economic and budgetary results of the set of entities that are integrated into the General Account of the Public Administrations state.

3.2 Previous Homogenization.

3.2.1 Temporary Homogenization.

1. The accounts of institutions to be consolidated shall relate to the same closing date and period as the consolidated annual accounts.

2. When an institution becomes integrated or falls outside the General Account of the State Public Administrations during an exercise, the account of the economic income and the state of liquidation of the budget shall be included in the consolidation shall be related only to the part of the financial year in which that institution has been part of that General Account.

3.2.2 Valorative Homogenization.

1. The assets and liabilities, as well as the income and expenses of the entities included in the General Account of the State Public Administrations, must be valued, according to the uniform methods that the intervention will define. General of the State Administration, in accordance with the principles and standards of valuation established in the General Plan of Public Accounting and other implementing regulations that are specifically applicable.

2. If any element of the Asset or of the Passive, or some income or expenditure has been valued according to criteria other than those set out in the previous paragraph, such element must be valued again to the sole effects of the elaboration of the General Account State Public Administrations, making the necessary adjustments.

3.2.3 Homogenization by internal operations.

When amounts of items derived from internal operations are not matched or there is any

to be registered, adjustments must be made to practice the corresponding eliminations.

It is understood by internal operation the one in which two entities are involved to integrate into this General Account.

3.2.4 Homogenization to perform aggregation.

When the structure of an entity's annual accounts to be consolidated does not match that of the General Account, the General Intervention of the State Administration shall make the necessary reclassifications in the accounts individual annual accounts.

3.3 Aggregation.

The preparation of the General Account of the State Public Administrations shall be carried out by the aggregation of the different items, according to their nature, of the homogenised individual annual accounts, without prejudice to the eliminations provided for in the following paragraph.

3.4 Eliminations.

3.4.1 Eliminations of reciprocal items.

3.4.1.1 Reciprocal credits and debits.

For the compilation of the consolidated balance sheet of the General Account of the State Public Administrations, the credits and debits among the entities to be included in the balance sheet should be eliminated.

3.4.1.2 Transfer and transfer of goods.

For the compilation of the consolidated balance sheet, the accounts relating to the Patrimony received and delivered in subscription and Patrimony received and delivered in cession will be eliminated.

3.4.1.3 Heritage received and delivered in management.

For the compilation of the consolidated balance sheet, the assets received and delivered in management will be eliminated.

3.4.1.4 Expenditure and revenue from internal operations.

For the compilation of the account of the consolidated economic-wealth income of the General Account of the State Public Administrations, the expenses of the entities integrated in the State Public Administrations must be eliminated. revenue for other entities integrated into this General Account.

3.4.1.5 Budgetary expenditure and reciprocal budgetary revenue.

For the purpose of drawing up the consolidated statement of the consolidated budget, the budgetary obligations recognised in an institution to be integrated that assume recognised budgetary rights of another entity shall be eliminated. integrate into that Account.

3.4.2 Removing results in internal operations.

The entire patrimonial economic result that occurs in internal transactions should be eliminated and deferred until it is performed against third parties.

4. Description of the proportional integration method.

4.1 Definition.

The application of the proportional integration method involves the incorporation of the following elements into the financial statements mentioned in point 3.1 of this second paragraph:

The assets, rights and obligations that make up the assets of the institutions to be consolidated by proportional integration, as well as own funds, shall be incorporated in the balance sheet referred to in point 3.1 above, in the ratio which represent the units of the entities referred to in point 1.2 above.

The income and expenses incurred in determining the result of the institutions to be consolidated by proportional integration shall be incorporated, in the ratio indicated in the preceding paragraph, to the account of the economic result assets referred to in point 3.1 of this paragraph 2.

The revenue and budgetary expenditure cleared by the institutions to be consolidated by proportional integration shall be incorporated, in the proportion indicated in the preceding points, into the statement of the budget referred to in the Point 3.1 of this second paragraph.

All this will be done without prejudice to the previous homogenizations and the adjustments and removals that are relevant.

4.2 Applicable Criteria.

The rules set for global integration will be applied to the proportional integration method, taking into account the following:

The aggregation to the consolidated accounts of the various balance sheet items, the account of the economic-wealth result and the state of liquidation of the institutions ' budget to be consolidated by the integration method proportional, shall be carried out in proportion to the shares of the entities referred to in point 1.2 above.

Reciprocal items and results from internal transactions shall be eliminated in the ratio specified in the preceding paragraph.

5. Valuation of the shares that the entities to integrate globally in the General Account of the State Public Administrations have in state mercantile societies, in public enterprises or in other public bodies.

The direct and majority participation that entities that are to be consolidated by the method of global integration have in a business public entity, in a state mercantile society or in a public body to which it does not the method of proportional integration shall be assessed by the amount corresponding to the percentage of the equity held by the participating company.

This amount will appear in the Consolidated Balance Sheet Asset under the name "participations valued consolidation process".

The difference, positive or negative, that has arisen as a result of this new valuation will be explicitly included in the consolidated balance sheet, under the name " difference for participations valued consolidation ".

6. States that make up the General Account of the State Public Administrations.

6.1 Composition.

1. The General Account of the State Public Administrations comprises the consolidated balance sheet, the consolidated economic-wealth income account and the consolidated statement of the consolidated budget. These states constitute a unit.

2. The General Account of the State Public Administrations must be clearly worded and show the true image of the assets, the economic, financial and patrimonial situation, the economic results of the financial year and the execution and the settlement of the budgets of the entities in the institution, in accordance with the accounting principles set out in the General Public Accounting Plan and its implementing rules, as well as with the provisions of this standard.

3. Where the composition of the entities included in this General Account has varied considerably in the course of an exercise, the information necessary for the comparison of consolidated annual accounts to be included in the report shall be included in the report. realistic.

6.2 Structure of the General Account of State Public Administrations.

The structure of the states that are integrated into the General Account of the State Public Administrations shall be adapted to the models set out in Annex I of this Standard.

6.3 Consolidated Balance Sheet.

1. The consolidated balance sheet shall comprise, with the level of detail specified in Annex I, the assets and rights and the obligations of the entities that are integrated into the General Account of the State Public Administrations, as well as the funds of the same.

2. The consolidated balance sheet shall be made in the light of the fact that, in addition to the figures for the financial year, the figures for the preceding financial year must be included in each item. However, for the first financial year in which this rule enters into force, the figures for the preceding financial year may be omitted.

6.4 Account of the consolidated economic-wealth result.

1. The consolidated economic-wealth income account shall comprise, with the level of detail specified in Annex I, the revenue and expenditure of the entities in this General Account and the economic income consolidated.

2. The consolidated economic-wealth income account shall be drawn up taking into account that, in addition to the figures for the financial year ending, the figures for the preceding financial year shall be included in each item. However, for the first financial year in which this rule enters into force, the figures for the previous financial year may be omitted.

6.5 Consolidated budget settlement status.

The statement of settlement of the consolidated budget shall present, with the level of detail specified in Annex I, the settlement of the budgetary expenditure and the budgetary revenue of the participating entities. in the General Account of State Public Administrations having a limited budget, as well as the consolidated budget result.

7. Information to be sent to the General Intervention of the State Administration by the entities to be included in the General Account of the State Public Administrations.

7.1 Relationship of Entities to Integrate into the General Account of State Public Administrations.

At the beginning of each financial year, the General Intervention of the State Administration will communicate the entities to be integrated into the General Account of the State Public Administrations of that financial year. the effect that they can comply with the provisions set out in the following paragraphs.

7.2 Information to be submitted by the entities to which the Order of the Ministry of Finance of 28 June 2000 applies, which regulates the obtaining and accountability of the agencies in support of the agencies (a) the public to which the Accounting Instruction for the Institutional Administration of the State applies.

In accordance with the procedure laid down in that Order, these entities must make their annual accounts available to the General Administration of the State Administration.

Together with the above accounts, you must submit the information relating to the transactions carried out during the financial year with the other entities that are integrated in the General Account, according to the content that establish the General Intervention of the State Administration, so that the Executive Center can initiate the process of formulating the General Account of the State.

Subsequently, in accordance with the procedures laid down in that Order, those entities shall forward to the General Intervention of the State Administration the approved annual accounts and the perceptive report of the the audit before 31 July of the financial year following which they relate.

In the event that corrections were exceptionally made to the annual accounts, these institutions shall refer to the General Intervention of the State Administration, together with the annual accounts. approved, information on the impact that these rectifications could have on each of the operations carried out during the financial year with the other entities to be integrated into the General Account of the State Public Administrations.

7.3 Information to be submitted by the Social Security system entities.

The General Intervention of Social Security shall refer to the General Intervention of the State Administration the Account of the Social Security System, through computer procedures, according to the technical specifications as set out in Annex II to this Order.

The Account of the Social Security System shall be accompanied by information relating to the operations carried out during the financial year with the other entities that are integrated into the General Account of the Administrations. State public, according to the content established by the General Intervention of the State Administration.

7.4 Rest of entities to be integrated into the General Account of the State Public Administrations.

The other entities to be included in the General Account of the State Public Administrations shall forward to the General Administration of the State Administration the annual accounts approved before 31 July of the year the following to which they relate, through computerised procedures, in accordance with the technical specifications set out in Annex II to this Order.

The annual accounts of these entities shall be accompanied by information relating to the transactions carried out during the financial year with the other entities that are integrated into the said General Account, according to the content to be established by the General Intervention of the State Administration.

7.5 Other information.

Together with the approved accounts, all entities to be integrated into the General Account of the State Public Administrations shall submit the information specified in the fifth paragraph of this Standard, in points 2.2, 2.3.1 and 2.3.2; in points 2.3.3 and 2.3.4 they shall send the information relating to their participation in state-owned commercial companies and the percentage of their contribution to the social fund in the foundations of competition or public ownership state, as well as the information contained in point 2.3.5.

This information shall be transmitted through computerised procedures, in accordance with the technical specifications set out in Annex VI.

Regardless of the foregoing, the entities to be integrated into the General Account of the State Public Administrations shall forward to the General Intervention of the State Administration any other information they may have The Steering Centre considers it necessary for the preparation of the aforementioned General Account.

Third. The General Account of State Enterprises.

1. Delimitation.

1.1 The General Account of State-owned Enterprises shall be formed by aggregation of the balance sheet and profit and loss account of State public sector entities forming their accounts, in accordance with the principles and accounting standards set out in the General Accounting Plan in force for the Spanish company and its implementing rules.

1.2 The state public sector entities that are integrated into this account are:

Business public entities as provided for in Chapter III of Title III of Law 6/1997 of 14 April of the Organization and the Functioning of the General Administration of the State.

State-owned commercial companies as provided for in Article 6.1.a of Royal Decree 1091/1988 of 23 September 1988 approving the recast text of the General Budget Law.

The rest of the public sector entities that are subject to the General Accounting Plan applicable to the Spanish company and its development provisions.

Not to be added to the General Account of State-owned Enterprises shall be those entities that have such different activities that their inclusion is contrary to the purpose of obtaining the own purpose of the aggregate annual accounts. For these purposes, it is considered that it is contrary to the purpose expressed by the concurrency of credit and insurance institutions with others whose activity is commercial, industrial or services.

2. Aggregation procedure.

The accounts of state public sector entities shall be aggregated in this General Account, in accordance with the procedure laid down in this Standard.

3. Description of the aggregation procedure.

3.1 Definition.

The application of the aggregation procedure involves the drawing up of an aggregated balance sheet to which all the assets, rights and obligations of the assets of the entities referred to in point 1.2 of this Article shall be incorporated. the third paragraph, as well as the own funds of the same, and an aggregate profit and loss account in which all revenue and expenditure incurred in determining the outcome of those institutions shall be included.

These states shall be drawn up after the homogenizations they have made, in accordance with the following paragraphs, unless such homogenizations offer little relevant interest for the purpose of supplying the information on the financial and financial situation and on the economic performance of the set of entities that are integrated into the General Account of State Enterprises.

3.2 Previous Homogenization.

3.2.1 Temporary Homogenization.

1. The accounts of the entities to be added shall relate to the same closing date and period as the General Account of the State Enterprises.

2. If any entity to integrate into the General Account of State Enterprises closes its financial year with a date other than the closing date of that General Account, the General Intervention of the State Administration may incorporate those accounts. annual accounts for the General Account of State-owned Enterprises or to request that company to draw up specific annual accounts covering the same period and the closing date as the General Account.

If the General Intervention of the State Administration chooses to incorporate those annual accounts into the General Account of State Enterprises and between the date of the end of the exercise of that entity and the date of the closing of the The General Account of the State-owned Enterprises is carried out significant operations such a management center may incorporate them to the aforementioned General Account.

3. Where, during an exercise, an entity becomes integrated or is outside the General Account of the State-owned Enterprises, the profit and loss account to be added shall be related only to the part of the financial year in which that institution has formed part of that General Account.

3.2.2 Valorative Homogenization.

1. The assets and liabilities, as well as the income and expenses of the entities included in the General Account of the State-owned Enterprises, must be valued in accordance with the principles and valuation rules laid down in the General Plan of Accounting applicable to the Spanish company and other development regulations that are specifically applicable.

2. If any element of the Asset or of the Passive, or any income or expenditure, has been valued according to criteria other than those established in the previous paragraph, such element must be appraised again to the sole effects of the elaboration of the General Account State Enterprises, making the necessary adjustments.

3.2.3 Homogenization to perform aggregation.

When the structure of an entity's annual accounts to be aggregated does not match that of the General Account, the necessary reclassifications must be made.

3.3 Aggregation.

The preparation of the General Account of State Enterprises shall be carried out by aggregation of the different items, according to their nature, of the homogenised individual annual accounts.

4. States that make up the General Account of State Enterprises.

4.1 Composition.

1. The General Account of State Enterprises comprises the aggregated balance sheet and the aggregate profit and loss account. These states constitute a unit.

2. The General Account of State Enterprises should be clearly worded and provide information on the assets, financial situation and outcome of State Enterprises, in accordance with the accounting principles set out in the Plan. General of Accounting in force for the Spanish company and its development regulations, as well as with the provisions of this standard.

3. Where the composition of the entities included in this General Account has varied considerably in the course of an exercise, the information necessary for the comparison of aggregated annual accounts should be included in the report. realistic.

4.2 Structure of the General Account of State Enterprises.

The structure of the states that are integrated into the General Account of State Enterprises shall be adapted to the models set out in Annex III of this Standard.

4.3 Aggregate balance.

1. The aggregated balance sheet shall comprise, with the level of detail specified in Annex III, the assets and rights and the obligations of the entities that are integrated into the General Account of State Enterprises, as well as the own funds of the "

2. The aggregated balance sheet shall be made taking into account that, in addition to the figures for the financial year ending, the balance sheet shall be included in the preceding financial year. However, for the first financial year in which this rule enters into force, the figures for the preceding financial year may be omitted.

4.4 Aggregate profit and loss account.

1. The aggregate profit and loss account shall comprise, with the level of detail specified in Annex III, the revenue and expenditure of the entities that are integrated into this General Account and the aggregate result.

2. The aggregate profit and loss account shall be made taking into account that, in addition to the figures for the financial year ending, the profit and loss account shall be included in the preceding financial year. However, for the first financial year in which this rule enters into force, the figures for the previous financial year may be omitted.

5. Information to be sent to the General Intervention of the State Administration by the entities to be integrated into the General Account of State Enterprises.

5.1 Relationship of entities to be integrated into the General Account of State Enterprises.

At the beginning of each financial year, the General Intervention of the State Administration shall communicate which entities are to be incorporated into the General Account of the State-owned Enterprises of that financial year, for the purposes of can comply with the provisions set out in the following paragraphs.

5.2 Information to be submitted by the entities to be integrated into the General Account of State Enterprises.

All entities that are integrated into the General Account of State Enterprises shall submit to the General Administration of the State Administration the annual accounts approved within seven months of the termination of the financial year.

The General Intervention of Social Security shall refer to the General Intervention of the State Administration the annual accounts of the entities of the Social Security System to be integrated into this General Account.

5.3 Other information.

Together with the approved annual accounts, all entities to be integrated into the General Account of State Enterprises shall submit the information specified in paragraph 5 of this Standard, in points 2.2, 2.3.1 and 2.3.2. of points 2.3.3 and 2.3.4 shall send information concerning their shares in other state-owned commercial companies and the percentage of their contribution to the social fund in the form of competition or ownership foundations. state and the information contained in point 2.3.5.

Regardless of the foregoing, the entities to be integrated into the General Account of State Enterprises shall forward to the General Intervention of the State Administration any other information that such a management center considers necessary for the preparation of the said General Account.

Fourth. The General Account of the State Competition or Public Ownership Foundations.

1. Delimitation.

1.1 The General Account of the State Public Competition or Public Ownership Foundations shall be formed by aggregation of the balance sheet and the income statement of the state public sector entities forming their accounts of the State. In accordance with the accounting principles and standards set out in Royal Decree 776/1998 of 30 April 1998, the rules for the adaptation of the General Accounting Plan to non-profit-making entities are approved.

1.2 It is understood that they are foundations of state competition or public ownership in which the general administration of the State, its autonomous bodies or the other entities of the sector is a majority. state.

2. Description of the aggregation procedure.

The provision for the General Account of State-owned Enterprises will apply, although the references to the General Accounting Plan applicable to the Spanish company will be understood to be made to the standards of adaptation of the General Plan of Accounting for non-profit entities approved by Royal Decree 776/1998 of 30 April 1998.

3. States that make up the General Account of the State Public Competition or Public Ownership Foundations.

3.1 Composition.

1. The General Account of the State Competition or Public Ownership Foundations comprises the aggregated balance sheet and the aggregate income statement. These states constitute a unit.

2. The General Account of the State Public Competition or Public Ownership Foundations should be clearly worded and provide information on the assets, financial situation and the outcome of the competition or public ownership foundations. In accordance with the accounting principles set out in the adaptation to the General Accounting Plan for non-profit entities and their development regulations, as well as with the provisions of this standard.

3. Where the composition of the entities included in this General Account has varied considerably in the course of an exercise, the information necessary for the comparison of aggregated annual accounts should be included in the report. realistic.

3.2 Structure of the General Account of the State Competition or Public Ownership Foundations.

The structure of the states that are integrated into the General Account of the State Public Competition or Public Ownership Foundations shall be adapted to the models set out in Annex IV of this Standard.

3.3 Aggregate balance.

1. The aggregated balance sheet shall comprise, with the level of detail specified in Annex IV, the assets and rights and the obligations of the entities that are integrated into the General Account of the State Public Competition or Public Ownership Foundations, as the own funds of the same.

2. The aggregated balance sheet shall be made taking into account that, in addition to the figures for the financial year ending, the balance sheet shall be included in the preceding financial year. However, for the first financial year in which this rule enters into force, the figures for the preceding financial year may be omitted.

3.4 Account of aggregate results.

1. The aggregated income statement shall comprise, with the level of detail specified in Annex IV, the revenue and expenditure of the entities that are integrated into this General Account and the aggregate result or surplus.

2. The aggregate income account shall be made taking into account that in each item the figures for the financial year shall be shown in addition to the figures for the previous financial year. However, for the first financial year in which this rule enters into force, the figures for the previous financial year may be omitted.

4. Information to be given to the General Intervention of the State Administration by the entities that make up that account.

The provision for the General Account of State-owned Enterprises will apply.

Fifth. Memory.

1. Definition.

1.1 The above documents, General Account of the State Public Administrations, General Account of State Enterprises and General Account of the Foundations of State competition or public ownership will be accompanied by a Memory that will complete, expand and comment on the information contained therein.

1.2 The Memory must indicate any information necessary to facilitate the understanding of the General Account of the State in question, in order for it to reflect the situation of the patrimony, the economic result assets and the execution of the budgets of the state public sector.

2. Rules for their formulation.

2.1 The Memory will include a list of the entities that are integrated into each of the documents in which the General Account of the State is structured:

The entities that are integrated into the General Account of the State Public Administrations will be grouped according to the procedure by which they have been integrated into it.

The entities to which the method of global integration applies will be ordered according to the Ministry to which they are attached and within each one of them, according to their legal form. The Social Security entities to be integrated into this General Account shall constitute an independent block.

The entities that are integrated into the General Account of the State Enterprises shall be ordered in accordance with their legal nature and according to the Ministry or the autonomous body to which they are attached. The Social Security entities to be integrated into this General Account shall constitute an independent block.

Entities that are integrated into the General Account of the State Public Competition or Public Ownership Foundations shall be ordered according to the Ministry, Autonomous Body or State Public Sector Entity of which they are dependent. The Social Security entities to be integrated into this General Account shall constitute an independent block.

2.2 A table of measures shall be included in the Report, showing the relative importance of each of the entities to be included in the General Account in accordance with the models set out in Annex V to this Order.

2.3 It will also include information from each of the entities to be integrated into the General Account of the State. In particular, the following shall be reported:

2.3.1 Denomination, registered office and legal form of each entity.

2.3.2 Brief description of your activity.

2.3.3 Effective and nominal participation percentages, differentiating in the latter case if the participation is direct or indirect, that the entities integrated globally into the General Account of the Public Administrations State have in state mercantile societies.

2.3.4 Percentage of the contributions that the entities integrated globally in the General Account of the State Public Administrations have in the social fund of the foundations of competition or public ownership state.

2.3.5 Percentage of participation that the different entities of the state, regional and local public sectors have in the entities to integrate proportionally into the General Account of the State Public Administrations.

2.3.6 Date of closing of annual accounts of entities whose economic year does not coincide with the calendar year.

2.3.7 The ratio of the entities in which the auditor in his audit report has not expressed a favourable opinion without any caveats, indicating, in each case, the opinion expressed.

2.4 A list of entities that do not integrate into the General Account will be included, indicating the reason for their non-inclusion, which may be, among others, any of the following:

No presentation or presentation outside the time limits set for it of the annual accounts or of the additional information necessary for the elaboration of the General Account of the State.

Presentation of annual accounts with serious defects or irregularities.

Credit and insurance entities will not be integrated into the General Account of State Enterprises. However, the aggregated balance sheets and aggregate profit and loss accounts relating to those institutions, drawn up in accordance with the criteria set out for the General Account, shall be included in the Report in accordance with the models. provided for in Annex V to this Order.

2.5 The Memory of the reasons that hinder or impede the comparison of the General Account of the State of two exercises should be reported. In any case, the modification of the scope of application should be justified

or the structure of any of the documents that constitute the General Account of the State.

Also, the report should be reported on any event that may have an impact on the consolidated accounts that occurred after the date of the end of the financial year of the institutions to consolidate and before the date of elaboration of the General Account of the State.

Single additional disposition. Obligation to consolidate certain business public entities.

When a business public entity is assigned the direction or coordination of other entities of the same nature, as provided for in Article 43 of Law 6/1997 of 14 April of the Organization and Operation of the General Administration of the State, it shall be deemed to be under an obligation to submit consolidated annual accounts drawn up in accordance with the rules laid down in Royal Decree 1815/1991 of 20 December 1991 approving the rules for the formulation of consolidated annual accounts.

First transient disposition. Transitional arrangements for the formation of the General Account of the State.

1. The General Intervention of the State Administration shall determine the time from which the General Account of the State Public Administrations shall be formed in accordance with the criteria set out in the second paragraph of this Order.

Until that time, the General Account of the State Public Administrations shall be formed by the aggregation of the balance sheet, the economic-wealth income account and the state of settlement of the institutions ' budget. provided for in point 1.2 of the second paragraph of this Order, in accordance with the models set out in Annex VII to this Order.

The application of the aggregation method involves the processing of:

An aggregated balance sheet including all the assets, rights and obligations that make up the assets of the entities referred to in point 1.2 of this paragraph, as well as their own funds.

An account of the aggregate economic result in which all income and expenses that are incurred in determining the outcome of such entities shall be included.

A state of settlement of the aggregate budget in which all revenue and budgetary expenditure cleared by the entities referred to in point 1.2 of this second paragraph, the budget of which is of a nature, shall be included. limitative.

2. The General Intervention of the State Administration shall determine the time from which the Memory shall be formed in accordance with the criteria set out in the fifth paragraph of this Order.

Until that time, the Memory shall contain the information provided for in points 2.1, 2.3.6, 2.3.7, 2.4 and 2.5 of paragraph 5 of this Order.

The General Intervention of the State Administration will determine the time from which entities to integrate into the General Account of the State shall transmit the information specified in the fifth paragraph of this standard, in points 2.2, 2.3.1, 2.3.2, 2.3.3, 2.3.4 and 2.3.5.

Second transient disposition. Entities to be proportionally integrated into the General Account of State Public Administrations.

The General Intervention of the State Administration shall determine the time from which the entities referred to in point 1.3 of paragraph 1.3 shall be integrated into the General Account of the State Public Administrations. second of this Order.

Transitional provision third. Integration of the Mutual Work and occupational diseases of Social Security into the General Account of the State Public Administrations.

The General Intervention of the State Administration will determine the time from which to consolidate into the General Account of the State Public Administrations the Mutuals of Accidents of Work and Diseases. Social Security professionals.

Until such time as these entities are integrated into the General Account of the State Public Administrations, the aggregate accounts of these entities shall be included in the Report, prepared in accordance with the In the case of the General Administration of the State Administration, which determines the structure and composition of the Account of the Social Security System and approves the General Intervention of the Social Security System, the General Intervention of the Social Security System adaptation of the General Public Accounting Plan, approved by the Order of the Ministry of Economy and Hacienda de 6 de mayo de 1994, a las Mutuas de Accidentes de Trabajo y Diseases Professionals de la Seguridad Social.

Final disposition first. Modification of the models of the states that make up the General Account of the State and of the technical specifications.

The General Intervention of the State Administration, in accordance with the criteria provided for in the Order, may modify the models of the states that constitute the General Account of the State Public Administrations, the the State-owned enterprises and that of the State-owned foundations of competition or public ownership, as well as the models relating to the information contained in the Report, as provided for in Annexes I, III, IV and V of this Order. It may also amend the technical specifications described in Annexes II and VI.

Final disposition second. Entry into force.

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

Madrid, 12 December 2000.

MONTORO ROMERO

(SEE IMAGES, PAGES 45120 TO 45143)