JOHN CARLOS I

KING OF SPAIN

To all who present it and understand it.

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

PREAMBLE

I

The market unit is an essential economic principle for the competitive functioning of the Spanish economy. The principle of market unity is reflected in Article 139 of the Constitution which expressly prevents the adoption of measures which directly or indirectly impede the freedom of movement and establishment of persons and freedom of movement. of goods throughout the Spanish territory.

In order to make the principle of market unity effective, important efforts have been made in recent decades. However, in spite of the measures taken, the fragmentation still exists in the Spanish market, which translates into a high cost which makes the business of the companies very difficult. The need to eliminate this cost as well as the obstacles and obstacles resulting from the growth of regulation has been one of the main demands that economic operators have been moving in recent years.

This fragmentation of the national market makes effective competition difficult and prevents the use of economies of scale that it offers to operate in a larger market, which discourages investment and ultimately reduces the productivity, competitiveness, economic growth and employment, with the important economic cost it entails in terms of prosperity, employment and the well-being of citizens.

In the current context, this Law seeks to establish the basic principles and norms that, with full respect for the competencies of the Autonomous Communities and Local Entities, guarantee the market unit to create an environment more favourable to competition and investment, making it easier for economic operators to benefit from the gains of a greater dimension in terms of productivity and costs, in favour of job creation and growth, and in the ultimate benefit of consumers and users who will have greater access to products and services quality. All Public Administrations will observe the principles contained in this Law, in all its acts and provisions and for all economic activities, and especially in those activities which, either because of its strategic character (telecommunications, energy, transport) either because of its potential for dynamisation and economic growth (commercial distribution, tourism, construction, creative and cultural industries, food, real estate, infrastructure) are of particular relevance to the economy.

In the preparation of this Law, the experience gained during the process of transposition of Directive 2006 /123/EC of the European Parliament and of the Council of 12 December 2006 on services in the field of services has been taken into account. the internal market, also known as the 'Services Directive', a process in which they were incorporated into the Spanish legal order, through Law 17/2009 of 23 November on the free access to and pursuit of the activities of services; a set of basic principles for free movement, in particular the principle of effectiveness national of the means of administrative intervention. Law 17/2009 of 23 November sets a precedent for the market unit for the services sector which is considered to be extended to all economic activities. Thus, this law will also apply to sectors expressly excluded from the Services Directive (e.g. electronic communications, transport, temporary work enterprises, private security, etc.) and to the movement of goods. products. In addition, account has been taken of the extensive case law of the Court of Justice of the European Union on the basic principles laid down in this Law. In particular, in relation to the principles of necessity and proportionality, the principle of national effectiveness and the principle of non-discrimination.

Unlike the process of building the European Union's internal market that has developed over the last twenty years, this rule is intended to guarantee the unity of the Spanish national market whose existence is already a basic premise of the Spanish Constitution, avoiding or minimizing the distortions that may arise from our territorial administrative organization. This cannot but positively affect the construction of the internal market at European level, given that it is clear that a better functioning of the Spanish Single Market will have a positive effect on the development of the internal market. European Union.

In particular, the obligations that the State assumes with respect to the operators of other Member States, including those arising from Directive 2006 /123/EC of the European Parliament and of the Council of 12 December 2006, and of the Directive 2005 /36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications is fully covered by the application of the specific rules for the transposition of such qualifications directives. However, in addition to compliance with European Union legislation, operators from other Member States of the Union established or wishing to establish themselves in Spain may also benefit from a more favourable regime in many other Member States. economic activities beyond the scope of the Services Directive, while operators in other Member States who offer their services in Spain in freedom to provide services will continue to enjoy the framework established by the Services, by Law 17/2009 of 23 November, and by the sectoral rules of the Union as long as they are legally established in other Member States.

Without prejudice to the competences that in each case correspond to the State, the Autonomous Communities or the Local Entities, with this Law, the decisions taken by the authority are made effective throughout the national territory. of origin, based on mutual trust, and common principles are applied as the principle of effectiveness throughout the national territory of administrative actions in the free economic initiative, which implies the Implicit recognition of actions by the competent authorities of other administrations Public. The purpose of the law is not to standardise legal systems since, as the Constitutional Court has already pointed out on numerous occasions, unity does not mean uniformity, since the same territorial configuration of the Spanish State and the The existence of entities with political autonomy, such as the Autonomous Communities, is a diversity of legal regimes.

In order to achieve the uniform application of the previous principles and the achievement of the objectives pursued with this Law, a model of strengthening cooperation between the State, the Autonomous Communities and the Entities is chosen. Local. In this sense, an important element of this Law is the use of existing cooperation structures to promote the whole process. In addition, the creation of a Council for the Market Unit is envisaged as an administrative cooperation body to monitor the implementation of this Law.

In order to maintain the quality levels of the products and services, the Law strengthens the mechanisms of cooperation and collaboration between the different competent authorities for the supervision of the operators. (i) economic and social security measures and the establishment of an alert procedure in cooperation for the control of the provision of goods and services, in order to avoid damage to the health or safety of persons or to the environment and to facilitate the adoption of measures which are necessary. In this respect, the Law continues to contribute to improving the quality and safety standards of products and services beyond the regulatory requirements through the promotion of the voluntary use of quality standards for the ultimate benefit of the consumers and users.

On the other hand, channels of communication between the administration and the private sector are established in order to allow the economic agents and the companies to transmit to the general government specific situations and obstacles that they fragment the national market so that they can be solved in an agile way.

Finally, this Law takes advantage to continue to promote an efficient regulatory framework for economic activities that simplifies existing legislation, eliminates unnecessary regulations, establishes more agile procedures, and minimize administrative burdens. Most of the barriers and barriers to the market unit are eliminated by adopting criteria of good economic regulation. It is important to maintain regulation under a constant review process based on the principles of good regulation and national market unity.

Thus, on the basis of Article 38 of the Spanish Constitution, which recognizes the freedom of enterprise within the framework of the market economy, the public authorities must guarantee and protect their exercise and the defense of the In accordance with the requirements of the general economy, this reform constitutes a central element of the objective of establishing an economic and regulatory environment that favors entrepreneurship, business expansion, and economic and investment, for the benefit of the recipients of goods and services, operators economic and consumer and user.

The Constitutional Court has considered on multiple occasions that in states like ours, of complex territorial structure, the demand that the basic principles of economic order be one and the same in all National scope is a concrete projection of the more general principle of unity. Thus, the Constitutional Court has considered that the functioning of economic activity requires the existence of basic principles of the economic order which must be applied on a unitary and general basis to the entire national territory.

II

The Law consists of twenty-eight articles grouped into seven chapters, ten additional provisions, a repeal provision, seven final provisions, and an annex.

Chapter I, "General provisions", includes the provisions governing the subject matter and scope. In particular, a wide scope is determined which includes the access and exercise of economic activities on market conditions and, consequently, all acts and provisions of the different public administrations affecting the market. the access and exercise of these economic activities.

Chapter II, "Principles of guarantee of freedom of establishment and freedom of movement", develops the general principles necessary to guarantee the unity of the market. In particular, the principle of non-discrimination, the principle of cooperation and mutual trust, the principle of necessity and proportionality of the actions of the competent authorities, the principle of effectiveness in the whole of the territory national, the principle of simplification of charges, the principle of transparency and the guarantee of the freedoms of economic operators in application of these principles.

Chapter III, "Guarantee of cooperation between public administrations", creates the Council for the Market Unit, assisted by a secretariat of a technical nature, as an administrative cooperation body for the monitoring and driving the implementation of the law. This Chapter also includes provisions relating to cooperation in the framework of sectoral conferences and the development of regulatory projects. On the other hand, a mandate is established to maintain a consistent assessment of the rules of the different administrations.

Chapter IV, "Guarantees to Free Establishment and Circulation", based on the principle of free economic initiative, regulates the implementation of the principle of necessity and proportionality. The authorities may choose between a communication, a responsible declaration or an authorization, in the light of the general interest to be protected, of the requirements which, if appropriate, are required for the safeguarding of that general interest and for the protection of the nature of the activity and whether the means of intervention is directed to the activity itself or to the physical infrastructure. Authorization is the means of intervention which limits the access to economic activity and its financial year. Therefore, from the perspective of economic operators, they are considered to be grounds for requiring administrative authorisation, the existence of reasons for public safety, public health, protection of the environment at the specific place of business. where the activity and public order are carried out, including, inter alia, prudence and the guarantee of financial stability. But even if there is one of these reasons, it must always be assessed that the requirement for, or a responsible statement or a communication, is not sufficient to guarantee the objective pursued, in accordance with the principle of proportionality. For example, in application of the principle of public health need, a number of activities may need to be regulated under market conditions in the framework of health planning. Some of these activities will be required for authorisation and for a responsible statement or a communication, depending on whether a prior verification of the required requirements is necessary.

On the other hand, authorization will be the right instrument to guarantee competitive competition in cases where there is a limitation of the number of operators in the market due to the scarcity of natural resources, the use of public domain, the technical limitations of this activity or the provision of public services subject to regulated tariffs, including those whose provision requires the use of the public domain or because they are services that may put at risk their proper provision, as is the case, for example, with the exercise of activities carried out by the taxi and the leasing of vehicles with a driver, with the demanial concessions or with the pharmacy offices which are considered to be included in the provisions of Article 17.1 of this Law.

It is important to stress that Article 17 must be without prejudice to the principle of effectiveness of the actions of the competent authorities throughout the national territory. Once the operators have obtained an authorization or submitted a responsible declaration or communication to access an activity or even if they have accessed the same without the need to carry out any prior processing, this may be carried out throughout the national territory, without, for example, the requirement for a new authorisation, a responsible declaration or a communication except for certain actions for which this principle of national effectiveness is limited.

The actions limiting the freedom of establishment and movement are also determined, and the competent authorities must ensure that their actions do not have the effect of creating an obstacle or barrier. to the market unit.

Chapter V, "Principle of effectiveness throughout the national territory", develops the provisions relating to this principle, which constitutes one of the central elements of this Law. In accordance with this principle, based on mutual trust, any legally established operator, or any lawfully produced and put into circulation, may exercise economic or circular activity throughout the national territory without it is in principle to require new authorisations or additional formalities from other competent authorities. Different cases of accreditations, recognitions, qualifications, certifications and qualifications and enabling acts are regulated in detail and the provision is expressed in the autonomous or local rules of the validity of the scheme applicable to the operators established elsewhere in the territory. This principle of effectiveness is not, however, applicable to certain actions relating to physical facilities or infrastructure, to the occupation of the public domain or to the provision of public services under tariffs. regulated which, by their very nature, are linked to a particular territorial area, as is again the case with the activities carried out by the taxi and the leasing of vehicles with drivers, with demanial concessions or with the pharmacy offices, which are considered to be included in the provisions of the second subparagraph of Article 20.4 of this Law.

Chapter VI, "Supervision of economic operators", determines the competent authorities for the supervision and control of access and exercise to economic activity. Supervision and control by the designated authorities is supported by the necessary communication and exchange of information between regulated authorities in this Chapter. The integration of the working information into the sectoral registers is also foreseen.

Finally, Chapter VII, "Mechanisms for the protection of economic operators in the field of freedom of establishment and freedom of movement", establishes and regulates mechanisms for the defence of the interests of economic operators, providing an agile solution of obstacles and barriers to the market unit identified by economic operators.

Therefore, in order to guarantee the rights of the citizens and to ensure the necessary agility in the application of this Law, the necessary procedures have been provided for, for which the interested party can opt as an alternative to the traditional resource system.

These procedures will allow, in situations where the general interest represented by the market unit may be infringed by public action, the person concerned may use, if appropriate, the resource administrative system, but you can also go to this new alternative that is configured.

In this way, it is intended that, in the field of application of this Law, conflicts will be resolved with the necessary prompt to prevent the effective protection of the market unit and the rights of citizens and the companies can be undermined, while allowing access to the judicial path for all parties with the same breadth as today.

The additional provisions regulate a number of complementary aspects necessary for the implementation and impetus of the provisions of this Law.

Thus, it is envisaged that, for reasons of public order, which, in accordance with the interpretation of the institutions of the European Union, includes the fight against fraud and the guarantee of financial stability, which would underpin the The need for intervention in the banking, financial and insurance sectors, the means of intervention corresponds to the State, the effectiveness in the national territory is guaranteed by the state intervention itself. In addition, a derogation from the provisions of Article 19.2 is provided for certain regulated products; the name of the State Contracting Platform, which will be renamed the Public Sector Contracting Platform, is amended. In addition, the publication of the calls for public tenders and their results is compulsory; a mandate is given to the Public Administrations to promote the voluntary use of quality standards; the popular action and the the right of petition; it is entrusted to the State Agency for the Evaluation of Public Policies and The Quality of the Services the periodic evaluation of the implementation and the effects of the Law, the presentation to the Commission Delegate of the Government for Economic Affairs of a Plan of work and follow-up with annual character, is previewed the work plan of the sectoral conferences and the maximum time limit for the reference of the information for the integration in the sectoral registers and the implementation of the electronic information exchange system.

The repeal provision and the first and second final provisions, make the derogations and amendments to the rules with a range of laws that are affected by the entry into force of this rule. In particular, Law 29/1998 of July 13, regulating the Administrative-Administrative Jurisdiction, is amended to regulate the new procedures to solve possible violations of the market unit. For its part, the other final provisions include an amendment to Law 12/2012 of 26 December of urgent measures to liberalise trade and certain services, the provisions relating to the title of competition, the adaptation of provisions with legal and regulatory status, regulatory enablement and the entry into force of the Act.

Finally, certain definitions are set out in the Annex for the purposes of this Law.

This Law is issued under the terms of Article 149 1, 6. No. 13 and 18. of the Spanish Constitution, which states that the State has exclusive competence over the following matters: regulation of basic conditions guaranteeing the the equality of all Spaniards in the exercise of the rights and the fulfilment of constitutional duties, as well as on the commercial and procedural law, the bases and the coordination of the general planning of economic activity, bases of the legal regime of public administrations and the basic legislation on administrative contracts.

CHAPTER I

General provisions

Article 1. Object.

1. The purpose of this law is to lay down the provisions necessary to make the principle of market unity effective on the national territory. In particular, it aims to ensure the integrity of the economic order and to facilitate the exploitation of economies of scale and scope of the market through the free access, exercise and expansion of economic activities throughout the national territory ensuring its proper supervision, in accordance with the principles contained in Article 139 of the Constitution.

2. The market unit is based on the free movement and establishment of economic operators, on the free movement of goods and services throughout the Spanish territory, without any authority being able to obstruct it directly or indirectly, and on the basis of equality of the basic conditions for the exercise of economic activity.

Article 2. Scope.

This law will apply to access to economic activities on market conditions and their exercise by legally established operators anywhere in the national territory.

CHAPTER II

Principles of guarantee of freedom of establishment and freedom of movement

Article 3. Principle of non-discrimination.

1. All economic operators shall have the same rights throughout the national territory and in respect of all competent authorities, without any discrimination on grounds of the place of residence or establishment.

2. No provision of a general nature, administrative action or quality rule relating to access to or pursuit of economic activities may contain conditions or requirements which have the effect of discrimination directly or indirectly. by reason of establishment or residence of the economic operator.

Article 4. Principle of cooperation and mutual trust.

In order to ensure the uniform application of the principles set out in this Chapter and the proper supervision of economic operators, the competent authorities shall cooperate in the framework of the instruments set out in this Chapter. Chapter III of this Law.

The competent authorities, in their relations, shall act in accordance with the principle of mutual trust, respecting the legitimate exercise by other authorities of their powers, recognising their actions and taking into account the exercise of their own powers the totality of public interests involved and respect for the free movement and establishment of economic operators and the free movement of goods and services throughout the national territory.

Article 5. Principle of necessity and proportionality of the actions of the competent authorities.

1. Competent authorities which, in the exercise of their respective powers, establish limits on access to or pursuit of an economic activity in accordance with Article 17 of this Law or require compliance with requirements for the development of an activity, they will motivate their need in the safeguarding of some overriding reason of general interest within the meaning of Article 3.11 of Law 17/2009 of 23 November on the free access to the activities of services and their exercise.

2. Any limit or requirement set out in accordance with the preceding paragraph must be proportionate to the overriding reason of the general interest invoked, and there shall be no other less restrictive or distorting means for the activity economic.

Article 6. Principle of effectiveness of the actions of the competent authorities throughout the national territory.

The acts, provisions and means of intervention of the competent authorities relating to the free access and exercise of economic activity shall be effective throughout the national territory, in accordance with the provisions of Chapter V of this Law.

Article 7. Principle of simplification of loads.

The intervention of the different competent authorities will ensure that it does not generate excessive regulation or duplication and that the concurrence of several authorities in a procedure does not imply greater administrative burdens for the operator that would be generated by the intervention of a single authority.

Article 8. Principle of transparency.

All competent authorities will act with transparency for the correct application of this Law and the early detection of obstacles to the market unit. In addition, each competent authority shall ensure that the provisions and acts referred to in Article 9.2 of this Law are easily accessible and comply with the provisions of Law 19/2013 on Transparency, Access to Public Information and Good Government.

Article 9. Guarantee of the freedoms of economic operators.

1. All competent authorities shall ensure, in the administrative actions, provisions and means of intervention adopted in their field of action, that the principles of non-discrimination, cooperation and mutual trust, need to be complied with. and proportionality of their actions, effectiveness throughout the national territory of the same, simplification of burdens and transparency.

2. In particular, they shall ensure that the following provisions and acts comply with the principles referred to in the previous paragraph:

(a) General provisions governing a given economic activity or having an impact on it.

(b) The authorizations, licenses and administrative concessions, as well as the requirements for their granting, the requirements for the exercise of economic activities, for the production or distribution of goods or for the the provision of services and those matters relating to the exercise of the power of sanction or authorisation in the economic field.

c) The documentation relating to public contracts, including the specifications and clauses of public contracts.

(d) Acts issued pursuant to the provisions, requirements and conditions referred to in the preceding letters, as well as the procedures associated with them.

e) Quality standards emanating from regulatory standards or advice, as well as acts that demonstrate compliance with these quality standards.

(f) Any other acts, resolutions and administrative procedures affecting economic operators.

CHAPTER III

Guarantee of cooperation between public administrations

Article 10. Council for Market Unit.

1. The Council for the Market Unit is hereby established as the administrative cooperation body for the monitoring of the implementation of the content of this Law.

2. The Council for the Market Unit will be chaired by the Minister of Finance and Public Administrations and will have the presence of the Secretary of State of Public Administrations, the Secretary of State of Economy and Support to the Company, the Deputy Secretary of the Presidency, the members of the Autonomous Communities responsible for the matter and representatives of the local administration.

3. The Council for the Market Unit will have a Secretariat, which will depend on the Secretariat of State for Economy and Support to the Company.

4. The Council for the Market Unit shall meet at least semi-annually and shall have the following functions:

a) Monitoring the adaptation of the law of the competent authorities to the principles of this Law.

b) Impulse to the regulatory changes necessary for the removal of obstacles to the market unit in the corresponding legal frameworks.

c) Follow-up to the cooperation mechanisms established in this Law, in particular the information exchange system and the effective integration of sectoral registers.

d) Coordination of the activity developed by the sectoral conferences in the field of market unity.

e) Monitoring the mechanisms of protection of economic operators provided for in Chapter VII of this Law, as well as their results.

f) Approval of the report referred to in Article 11 (f) of this Law.

g) Impulse of the cooperation tasks in the elaboration of normative projects established in Article 14 of this Law.

h) Impulse and review of the results of the periodic evaluation of the regulations referred to in Article 15 of this Law.

Article 11. Council Secretariat for the Market Unit.

The Council Secretariat for the Market Unit is the technical coordination and continuous cooperation body with the competent authorities for the implementation of this Law and will have the following functions:

(a) Continuous monitoring of the implementation of this Law and the adaptation of the legislation of the competent authorities as a whole.

b) Analysis and evaluation of the market unit situation in the national territory.

c) Elaboration of a catalogue of good and bad practices that have effects on the market unit, which will be approved by the Council for the Market Unit.

d) Elaboration and dissemination of regulatory quality indicators regarding the market unit and its economic impact.

e) Management of the protection mechanisms of economic operators in the field of market unit within the framework of the provisions of Chapter VII of this Law.

(f) Elaboration of a semi-annual report on the preceding letters with conclusions and, where appropriate, recommendations for the revision or reform of legal frameworks.

g) Articulation of cooperation actions and joint activities between competent authorities.

Article 12. Cooperation in the framework of sectoral conferences.

1. Through the sectoral conferences, the different competent authorities will analyse and propose the necessary regulatory changes to comply with the principles set out in this Law and establish regulatory frameworks adapted to their principles and provisions. The work of these sectoral conferences may include the contribution of economic operators who, through a consultation of their representative bodies, will, where appropriate, participate in the detection of the distortions occurring in the the market unit and the areas that require an analysis of the current regulations, in line with the provisions of this Law.

2. In particular, the sectoral conferences will analyse the conditions and requirements required for the access and exercise of economic activity, as well as those relating to the distribution and marketing of products, and will promote changes regulatory and reform, which may include, inter alia:

(a) Proposals for amendments, repeal or recasting of existing legislation, in order to remove the identified obstacles or to make compatible with this Law those rules that have an impact on the freedom of establishment and free movement of goods and services.

b) Adoption of agreements that establish standards of sectorial regulation, in matters that are autonomous and local in accordance with the principles contained in this Law.

c) Adoption of other measures, such as action plans covering the subjects analysed in order to remove the obstacles identified in accordance with the principles of this Law.

3. Without prejudice to the other functions established in this Law, the Market Unit Council, through its secretariat, will collaborate with the secretariats of the sectoral conferences in accordance with this article.

Article 13. Information to the Government Delegation for Economic Affairs.

The Ministries of Finance and Public Administration and Economy and Competitiveness will report to the Government Delegation for Economic Affairs on the development and implementation of this Law and on the work of the carried out within the Council for the Market Unit and the sectoral conferences.

Article 14. Cooperation in the development of regulatory projects.

1. The competent authorities shall exchange information on regulatory projects that may have an impact on the market unit, in particular by assessing the consistency of such regulatory projects with this Law.

2. In the procedures for drawing up rules which affect the market unit in a relevant way, the competent authority proposing the rule shall make available to the other authorities through the electronic exchange system of information provided for in Article 23 of this Law, in good time, the text of the draft standard, accompanied by the reports or documents enabling its proper assessment, including in its case the memory of the impact analysis rules.

3. Laws or provisions of a general nature governing the functions or actions of a number of competent authorities in relation to the provisions of this Law shall ensure the principle of the simplification of charges.

4. If the draft standard establishes or modifies means of intervention, the existence of other measures affecting the same activity already established by other competent authorities shall be analysed. It will also ensure that the means of intervention do not fall on the same aspects in case of competition from several administrations and will provide for a system whereby the procedure does not create additional costs for the operator in comparison with the intervention of a single administration.

5. If the draft standard establishes or modifies requirements for access or exercise to an economic activity, the consistency of those requirements with the rest of the rules of the other competent authorities shall be analysed.

6. In the proceedings of public hearing of laws and regulations of a general nature, economic operators or their representative associations may decide on the impact of the legislation on the market unit.

Article 15. Regular evaluation of the regulations.

1. All competent authorities shall regularly assess their rules in order to assess the impact of the regulation on the market unit.

2. Without prejudice to the assessment provided for in the previous paragraph, the sectoral conferences shall promote the periodic evaluation of the matters within their competence and the regulatory changes which may be made, in the framework of the Article 12 of this Law.

To this end, the sectoral conferences will, on an annual basis, concretize the evaluation programme which is considered a priority for the period.

3. The Council for the Market Unit may also promote the assessment of the legal framework in force in a given economic sector, where obstacles to the market unit have been identified, as laid down in Article 10 of the Treaty. Law.

CHAPTER IV

Guarantees for free establishment and circulation

Article 16. Free economic initiative.

Access to and exercise of economic activities shall be free throughout the national territory and may be limited only in accordance with the provisions of this Law and the provisions of European Union law or treaties and conventions.

Article 17. Implementation of the principle of necessity and proportionality.

1. The requirement for an authorisation may be laid down provided that the principles of necessity and proportionality are met, which must be sufficiently substantiated in the law establishing that system. Where the authorisation regime is required by Community law or international treaty, authorisations may be provided for in a rule of lower rank than the law. The principles of necessity and proportionality shall be considered to be in accordance with the requirement of an authorisation:

(a) With regard to economic operators, where justified on grounds of public policy, public security, public health or environmental protection in the particular place where the activity is carried out, and these reasons are not can be safeguarded by the presentation of a responsible statement or a communication.

(b) in respect of the physical facilities or infrastructure necessary for the pursuit of economic activities, where they are liable to damage the environment and the urban environment, public health and safety; and the historical-artistic heritage, and these reasons cannot be safeguarded by the presentation of a responsible statement or a communication.

(c) When due to the scarcity of natural resources, the use of public domain, the existence of unequivocal technical impediments or in function of the existence of public services subject to regulated tariffs, the number of Economic operators on the market are limited.

(d) Where available, European Union legislation or international treaties and conventions, including the application, where appropriate, of the precautionary principle.

Registrations on records with an enabling character will have all effects of the authorization character.

2. The principles of necessity and proportionality shall be deemed to be met in order to require the submission of a responsible declaration for access to or pursuit of an economic activity, or for the physical facilities or infrastructure for the exercise of economic activities, where compliance with requirements justified by an overriding reason of general interest is required in the legislation and is proportionate.

3. The competent authorities may require the submission of a communication where, for some overriding reason of general interest, such authorities require to know the number of economic operators, facilities or physical infrastructure. on the market.

4. The competent authorities shall ensure that the administrative burden borne by economic operators is minimised, so that, after the principle of necessity and proportionality is applied in accordance with the preceding paragraphs, they shall choose a single means of intervention, either the presentation of a communication, a responsible statement or the request for an authorisation.

5. The provisions of this Article shall be without prejudice to the provisions of Chapter V of this Law.

Article 18. Actions limiting the freedom of establishment and freedom of movement.

1. Each competent authority shall ensure that any measure, limit or requirement which it adopts or maintains in force does not have the effect of creating or maintaining an obstacle or barrier to the market unit.

2. The acts, provisions and means of intervention of the competent authorities shall be considered to limit the freedom of establishment and free movement by failing to comply with the principles laid down in Chapter II of this Law. contain or apply:

(a) discriminatory requirements for access to or pursuit of an economic activity for the purpose of obtaining economic benefits or for the award of public contracts, directly or indirectly based on the place of residence or the operator's establishment. These requirements include, in particular:

1. º that the establishment or the registered office is in the territory of the competent authority, or that it has a physical establishment within its territory.

2. º that the operator has resided or operated for a certain period of time in that territory.

3. º that the operator has been enrolled in records of that territory.

4. º that its staff, those who hold the property or the members of the administrative, control or government organs reside in that territory or meet conditions that directly or indirectly discriminate against persons from from other parts of the territory.

5. º that the operator must perform a training course within the territory of the competent authority.

(b) Requirements for obtaining an authorisation, approval, accreditation, qualification, certification, qualification or recognition, the presentation of a responsible statement or communication or registration in any register for the exercise of the activity in the territory of a competent authority other than the authority of origin.

(c) Additional professional qualification requirements to those required at the place of origin or where the operator has agreed to the professional activity or profession, such as:

1. requirements for approval, validation, accreditation, qualification, certification, qualification or recognition of diplomas or certificates attesting to certain professional qualifications issued by authorities or entities of other Autonomous Communities.

2. º any other requirement that impedes the free exercise of professional services throughout the national territory.

(d) Insurance requirements for civil liability or equivalent or comparable guarantees in terms of their purpose and the coverage it offers in terms of the insured risk, the insured sum or the limit of the guarantee, additional to those laid down in the rules of the place of origin, or that the obligation that the constitution or deposit of financial guarantees or the subscription of insurance must be carried out with a provider or body of the territory of the competent authority.

e) Technical specifications for the legal circulation of a product or its use for the provision of a service other than those established at the place of manufacture.

(f) For the purpose of obtaining economic advantages, requirements for obtaining an authorization, approval, accreditation, qualification, certification, qualification or recognition, for the presentation of a declaration responsible or communication or registration in any register to prove the equivalence of the conditions which the operator established in another place of the territory meets with the requirements for the granting of such economic advantages.

(g) Requirements of an economic nature or direct or indirect intervention by competitors in the granting of authorisations, in accordance with the terms laid down in Article 10 (e) and (f) of Law 17/2009 of 23 November free access to services activities and their exercise.

(h) Requirements containing the obligation to have made investments in the territory of the competent authority.

i) Any other requirement that is not directly related to the object of the economic activity or to its financial year.

CHAPTER V

Principle of effectiveness across national territory

Article 19. Free economic initiative throughout the national territory.

1. From the moment when an economic operator is legally established in a place on the territory of Spain, he may exercise his economic activity throughout the territory, either by physical establishment or without him, provided that he meets the conditions of access. the activity of the place of origin, even where the economic activity is not subject to requirements in that place.

2. Any product legally produced under the law of a place in the Spanish territory may circulate and be freely offered in the rest of the territory from the moment of its placing on the market.

3. Where requirements, qualifications, pre-checks or guarantees are required for economic operators or goods, other than those required or obtained under the rules of the place of origin, the requirements, qualifications, prior checks or guarantees are required, destination authority shall assume the full validity of the latter, even if they differ in scope or amount. In addition, free exercise shall be carried out even where there is no requirement, control, qualification or guarantee in the rules of the place of origin.

Article 20. Effectiveness throughout the national territory of administrative actions.

1. They shall be fully effective throughout the national territory, without the need for the economic operator to carry out any further processing or meet new requirements, all means of intervention by the competent authorities allowing access to a economic activity or its financial year, or credit for the fulfilment of certain qualities, qualifications or circumstances. In particular, they shall be fully effective throughout the national territory without the economic operator being required to comply with new requirements or other additional formalities:

(a) The authorisations, licences, ratings and professional qualifications obtained from a competent authority for the access or pursuit of an activity, for the production or placing on the market of a good, a product or service.

(b) Responsible statements and communications submitted to a competent authority for the access or exercise of an economic activity.

(c) Registration records that are necessary for the access or exercise of an economic activity.

(d) Any other standard requirements for access to or exercise of an economic activity.

2. The assessment, accreditation, certification and other similar bodies legally established anywhere in the national territory shall have full capacity to perform their functions throughout the national territory.

Recognition or accreditations, qualifications or certifications of a competent authority or a dependent agency, recognised or enabled by it, shall be fully valid for all purposes throughout the territory national, without any additional processing or compliance with new requirements being required.

3. The provisions of the preceding paragraph shall apply in particular to the following cases:

(a) Quality certificates for the purposes of accreditation of compliance with quality assurance standards in the procurement procedures of the competent authorities, for the supply of goods and services in certain circumstances or certain subjects and for the purpose of obtaining economic benefits, whether they are grants or tax benefits.

(b) Official certificates or recognitions for the purposes of the economic rights or advantages obtained by natural or legal persons who contract with an officially recognised operator.

(c) Certifications, acknowledgements and accreditations, for the purpose of checking the concurrency of a given level of quality or professionalism required for the access or exercise of a given economic activity.

4. The principle of effectiveness throughout the national territory shall not apply in the case of authorisations, responsible declarations and communications linked to a particular installation or physical infrastructure. However, where the operator is legally established elsewhere in the territory, the authorisations or declarations responsible may not provide for requirements that are not specifically linked to the installation or infrastructure.

The principle of effectiveness throughout the national territory will also not apply to administrative acts related to the occupation of a given public domain or when the number of economic operators in a place of territory is limited in terms of the existence of public services subject to regulated tariffs.

CHAPTER VI

Monitoring economic operators

Article 21. Competent authority in the supervision of operators.

1. The competent authorities shall monitor the exercise of economic activities by ensuring freedom of establishment and free movement and compliance with the principles set out in this Act.

2. Where monitoring and control competence is not a state competence:

(a) The authorities of origin shall be competent for the supervision and control of operators with regard to compliance with the requirements for access to economic activity.

(b) The authorities of destination shall be competent for the supervision and control of the exercise of economic activity.

(c) The authorities of the place of manufacture shall be competent for the control of compliance with the production and product requirements for their use and consumption.

3. Where, as a result of the control carried out by the destination authority, the non-compliance with the requirements for access to the activity of operators or of production standards or requirements of the product is detected, the authority shall be notified of the origin for the adoption of the appropriate measures, including the appropriate penalties.

Article 22. Integration of the working information into the sectoral registers.

1. The one-stop shop referred to in Article 18 of Law 17/2009 of 23 November on free access to and pursuit of the activities of services shall, in a common database, integrate information on the various records relating to the activities of the services concerned. economic operators, establishments and facilities, which is necessary for the exercise of the powers conferred on the competent authorities in the field of supervision and control, in particular on those activities subject to a the authorisation, responsible statement or communication system, all without prejudice to the established in the personal data protection rules.

2. For the purposes of the preceding paragraph, the authorities, entities and public bodies of the General Administration of the State and the local and regional authorities shall forward the data in the above records to the Ministry of Finance and General government, responsible for the management of the one-stop shop referred to in the same paragraph.

3. The referral shall be made by electronic means. To this end, the competent authorities shall take the necessary measures and incorporate in their respective field of competence the necessary technologies to ensure the interoperability of the different systems, in accordance with the National Scheme of Interoperability.

4. From the moment of the integration of the relevant information in the one-stop shop, the competent authorities, with the periodicity to be determined by regulation, shall send electronically to the Ministry of Finance and Administrations. Publish the information concerning the new authorisations granted or the responsible statements and communications submitted by the operators.

5. The integration into the database of the single window of the data of a given operator, establishment or installation does not, under any circumstances, be a necessary requirement in order to be able to initiate or exercise the activity. This data integration shall be carried out in accordance with the principle of efficiency in the allocation and use of public resources as set out in Article 7 of the Organic Law 2/2012 of 27 April 2012 on budgetary stability and Financial sustainability and with full respect for the specialties that, in the area of confidentiality, can establish the sector regulations, as well as the regulations on data protection.

6. The development and operation of the database of the one-stop shop shall be without prejudice to the powers of the competent authorities to establish registers of operators, establishments and facilities in their respective offices. territories.

Article 23. Electronic information exchange system.

1. In order to exchange information in accordance with the provisions of this Chapter, the competent authorities shall have a system of electronic data exchange, including personal data and without prejudice to the rules laid down in the rules. protection of this data type.

To this end, the Ministry of Finance and Public Administration, through the Secretariat of State of Public Administrations, will establish an electronic data exchange system that the authorities may use competent in the field. This exchange system shall be channelled through the infrastructure and common services platforms maintained by the aforementioned Secretariat of State.

2. In the event that a common format for communication between competent authorities is not agreed, the Ministry of Finance and Public Administrations shall determine in accordance with the principle of efficiency in the allocation and use of the public resources as set out in Article 7 of Organic Law 2/2012 of 27 April 2012 on budgetary stability and financial sustainability.

Article 24. Exchanging information in the exercise of monitoring functions.

1. The authority of origin, in the exercise of its supervisory functions with regard to compliance with the requirements for access to economic activity, may request the authority of destination to carry out checks, inspections and investigations with regard to the operators or goods found or found on their territory.

The destination authority shall carry out the checks, inspections and investigations that have been requested by other competent authorities within the time limit that the authorities agree and, in the absence of an express agreement, within the maximum period of 15 days, and will respond in a reasoned manner and inform these authorities about the results.

2. The authority of destination, in the exercise of its supervisory functions in respect of the fulfilment of the requirements for the exercise of the activity, may:

a) Require the originating authority all information that is necessary to confirm that the operator is legally established.

(b) To request the origin authority to carry out checks, inspections and investigations in respect of operators operating or having operated on its territory.

The originating authority shall carry out all necessary actions in response to the requests of the destination authority within the time limit to be agreed by the authorities and, in the absence of an express agreement, within the maximum period of 15 days, will be motivated and inform these authorities about the results.

Article 25. Exchange of information for overriding reasons of general interest.

1. For the purpose of avoiding serious harm to the health or safety of persons or to the environment, within their territory or in that of other competent authorities, the competent authorities shall cooperate with each other by exchanging information and, where appropriate, requests for action within the shortest possible time-limits in order to take the necessary measures.

2. The competent authorities, including professional bodies, shall communicate to the competent authority which has so requested, and in the framework of the legislation in force, the disciplinary measures and administrative penalties which they have adopted in respect of economic operators and which relate to goods produced and services provided or their economic activity. The competent authority shall inform the economic operator that such information has been provided to another competent authority.

CHAPTER VII

Mechanisms for the protection of economic operators in the area of freedom of establishment and freedom of movement

Article 26. Procedure in defence of the rights and interests of economic operators by the competent authorities.

1. An economic operator who understands that his or her legitimate rights or interests have been infringed by a provision of a general nature, act, action, inactivity or a fact which may be incompatible with the freedom of establishment or in the terms provided for in this Law, you will be able to direct your complaint to the Council Secretariat for the Market Unit within one month, through the window that will be established. In the case of acts constituting the route of fact, the period shall be 20 days from the date on which they were initiated.

In particular, the claim regulated by this article may be addressed in respect of any action that, whether or not exhausting the administrative route, is susceptible to ordinary administrative appeal. It may also address the general provisions and other actions which, in accordance with the provisions of Chapter I of Title III of Law No 29/1998 of 13 July 1998, Regulatory Jurisdiction-Administrative Jurisdiction, can be the object of a litigation-administrative resource.

2. The representative organisations of economic operators, including the Chambers of Commerce and professional associations, may attend the procedure provided for in the preceding paragraph in the interests of collective interests. represent.

3. The procedure provided for in this Article is alternative. If he does not benefit from it, the economic operator may bring the administrative or judicial remedies against the provision, act or act concerned.

4. For the resolution of this complaint, the competent authorities shall act and cooperate through the network of contact points for the market unit and dispute settlement; they shall be points of contact:

a) The Council Secretariat for the Market Unit.

b) The National Commission on Markets and Competition.

c) Each ministerial department.

(d) The authority designated by each Autonomous Community or City with Autonomy Statute.

5. The Secretariat shall review the complaint in order to verify that it is an action which may be incompatible with the freedom of establishment or movement, and may be inadmissible where such requirements are not met. Once admitted, it shall forward it to the contact point for the competent authority concerned. For this purpose it shall be considered competent authority:

(a) In the case of general provisions and actions that end the administrative route, the authority that has adopted it.

(b) In the case of proceedings which do not end the administrative procedure, the action to be taken against the action to be taken has been known if the procedure provided for in this Article is not to be applied. In such cases, that authority shall request from the administrative body responsible for the act the referral of the administrative file and a report on the complaint within five days.

The complaint will also be distributed among all contact points, which may refer to the competent authority concerned, informing the Secretariat of the Council, the contributions they deem appropriate within the period of five days. The Secretariat shall draw up an assessment report on the complaint received within 10 days, which shall be taken into account by the competent authority when deciding. The reports issued will be incorporated into the administrative file.

6. After 15 days following the submission of the complaint, the contact point for the competent authority concerned shall inform the Secretariat of the Council and the network of contact points of the decision taken by the competent authority concerned, indicating the measures that have been taken to address the complaint.

If no resolution is adopted within the time limit, it shall be deemed to be rejected by negative administrative silence and the competent authority shall therefore maintain its discretion with regard to the action which is the subject of the complaint.

7. The Secretariat of the Council shall notify the operator of the decision taken and the other reports issued within the working day following receipt of the decision. In the case of administrative proceedings which do not exhaust the administrative route, the decision of the duly notified competent authority shall terminate that route.

8. If the economic operator or representative organisations of the economic operators, including the Official Chambers of Commerce and the Professional Associations, in the light of the decision of the competent authority, do not consider themselves satisfied their legitimate rights or interests, may direct their application to the National Markets and Competition Commission, as set out in the following Article within a period of five days.

9. Where there are grounds for challenge other than infringement of the freedom of establishment or movement, operators who have lodged the claim regulated in this Article must, in a separate manner, make them the administrative or judicial resources which come under the provision or action in question. However, the time limit for their interposition shall be initiated when the claim by the competent authority is inadmissible or if the claim is dismissed.

Article 27. Legitimacy of the National Commission on Markets and Competition.

1. The National Commission of the Markets and Competition is entitled to the interposition of a judicial-administrative appeal against any provision of a general nature, act, action, inactivity or a fact which is considered to be contrary, in accordance with the procedure laid down in Chapter IV of Title V of Title V of Law No 29/1998 of 13 July 1998 on the freedom of establishment or movement from any competent authority, in accordance with the procedure laid down in this Law, Legal-Administrative Jurisdiction.

2. The National Commission for Markets and Competition may act on its own initiative or at the request of economic operators, who may be able to address it before initiating a contentious administrative procedure.

3. A petition, the National Commission on Markets and Competition, taking into account the report which the Council Secretariat has issued for the Market Unit on the complaint, will be assessed within five days if the interposition of the administrative-administrative appeal, informing the operator of its decision.

4. The National Commission on Markets and Competition will report to the Ministry of Economy and Competitiveness and to the Council Secretariat for the Market Unit of the interposed resources and the petitions and complaints received.

5. The time limit for bringing an ordinary dispute-administrative appeal by the operators who have submitted their application to the National Markets Commission and the Competition shall be suspended until the latter informs it of its decision.

6. In the case of the popular action and the right of petition provided for in the fifth additional provision of this Law, the legitimation for the interposition of the administrative-administrative action shall be the exclusive right of the National Commission of the Markets and Competition without prejudice to the right of person governed by Article 127 ter of Law 29/1998 of July 13, regulating the Administrative-Administrative Jurisdiction.

Article 28. Additional mechanisms for removing obstacles or barriers identified by economic operators, consumers and users.

1. Outside of the assumptions provided for in Article 26 of this Law, economic operators, consumers and users, as well as the organisations representing them, may inform the Council Secretariat for the Market Unit, in any event, in any event. the time and through the window referred to in Article 26, on any obstacles or barriers related to the application of this Law.

2. The Secretariat of the Council for the Market Unit shall collect reports from the contact points in accordance with Article 26 (3) and (4), in which proposals for action may be included. It will also draw up the relevant assessment report.

3. Within a maximum of 15 days, the Council Secretariat for the Market Unit shall inform the economic operator, the consumer or the user or the organisation representing them of the solution reached.

4. The Council Secretariat for the Market Unit shall inform the sectoral conferences and the Council for the Market Unit on the basis of the obstacles and barriers identified by operators, consumers or users or organisations which represent them, as well as the solutions achieved and results obtained, in order to promote the cooperation systems provided for in Articles 10.4 and 12.2 of this Law.

5. In addition, economic operators who have recourse to judicial-administrative jurisdiction without having availed themselves of the procedure provided for in Article 26 of this Law may request a report from the Secretariat of the Council for the Market Unit.

Additional disposition first. State actions.

When for reasons of public order, including the fight against fraud, public procurement and the guarantee of financial stability, the means of intervention, including regulation, supervision and control, for access or an economic activity, corresponding to the State, the effectiveness in the national territory will be guaranteed by the state intervention, so that the provisions contained in Chapter V of this Law will not affect the competences state established in the specific legislation.

Additional provision second. Regulated products.

Without prejudice to Article 19.2 of this Law, the placing on the market of watertight products, explosives, professional gas oil and dangerous goods must comply with the conditions of sale established in the applicable state rules.

Additional provision third. Public Sector Recruitment Platform.

The Platform of Contracting of the State regulated in article 334 of the recast of the Law of Public Sector Contracts, approved by the Royal Legislative Decree 3/2011, of 14 November, will be renamed Platform of Public Sector Procurement.

The Platform shall, in any case, be published either directly by the contracting authorities or by interconnection with electronic devices for the aggregation of the information of the different administrations and public entities, the call for tenders and their results from all entities within the meaning of Article 3 (1) of the recast of the Public Sector Contracts Act.

Additional provision fourth. Voluntary use of quality standards.

Preferably, and in particular when the overriding reason of general interest, in accordance with Article 3 (11) of Law 17/2009 of 23 November, on the free access to and pursuit of the activities of services, is the protection of the rights, safety and health of consumers, the competent authorities shall promote the voluntary use of quality standards by operators who improve the quality and safety levels of the products and services.

Additional provision fifth. Popular action and right of petition.

It will be public the action to demand before the administrative bodies and, through the National Commission of the Markets and the Competition, before the Courts the fulfillment of the established in this Law and the provisions that dictate for their development and execution, for the defense of the market unit.

In particular, the legitimization of the corporations, associations and groups affected to exercise the right of petition referred to in Article 27 of this Law and to be personified in the procedure for the guarantee is recognized. of the market unit regulated in Chapter IV of Title V of Law 29/1998 of July 13, Regulatory Jurisdiction-Administrative Jurisdiction.

Additional provision sixth. Annual Assessment of the State Agency for the Evaluation of Public Policies and the Quality of Services.

The State Agency for the Evaluation of Public Policy and the Quality of Services will prepare an annual evaluation of the implementation and main effects in areas of concrete public action, of the measures referred to in this Law. This evaluation will be forwarded to the Government's Delegation for Economic Affairs and the Economic and Competitiveness Committees of the Congress of Deputies and the Senate, after which it will be made public.

Additional provision seventh. Annual work plan and monitoring.

For the purposes of Article 15 of this Law, a Work and Monitoring Plan will be presented to the Government's Delegation for Economic Affairs, which will define the objectives, priorities and deadlines of the execution, for the continuous monitoring and evaluation of the regulations on economic activities in the light of the principles and mechanisms established in this Law.

Additional disposition octave. The work plan of the sectoral conferences.

In order to guarantee cooperation within the framework of the sectoral conferences, these will be convened within three months of the entry into force of this Law to analyze the state and regional regulations and, in its case, local, regulatory of the relevant economic sectors and develop a proposal for regulatory changes to comply with the principles contained in this Law.

Additional provision ninth. Maximum time limits for the reference of information and the information exchange system.

The obligation to refer the data in the records set out in Article 22 must be made within the maximum period of six months after the entry into force of this Law.

The system of electronic exchange of information referred to in Article 23 of this Law will be made available to the competent authorities by the Ministry of Finance and Public Administrations within the maximum of six months from the entry into force of this Law.

Additional provision 10th. Determining the source authority.

When in application of the definition provided for in point (d) of the Annex to this Act there is conflict to determine which is the originating authority or the operator has been established in more than one place, it shall elect as the authority of origin the of any of the places where it has been established and shall communicate its choice to the authorities concerned. The communication will produce effects from its presentation, not affecting the administrative procedures initiated previously.

As long as the economic operators have not made the communication of their choice as provided for in the first paragraph of this Disposition, since the entry into force of Articles 20 and 21.2 of this Law, it will be considered that is the authority of origin of the place where the economic operator exercises the effective direction of its economic activity, centralizes the administrative management and the direction of its business.

When the economic operator has not acceded to that economic activity in the place where it exercises the effective direction of its economic activity, it centralizes the administrative management and the management of its business, it will be considered which is the authority of origin of the place where it was established in the first place to carry out such economic activity.

Repeal provision.

The entry into force of this Law shall be repealed as many rules of equal or lower rank shall be contrary to the provisions of this Law.

Final disposition first. Amendment of Law 29/1998 of July 13, Regulatory of Jurisdiction-Administrative Jurisdiction.

Law 29/1998, of July 13, Regulatory of Jurisdiction-Administrative Jurisdiction, is amended in the following terms:

One. Article 11 (1) is amended by adding a letter (h) with the following wording:

" h. Of the resources interposed by the National Commission of the Markets and Competition in defence of the market unit. "

Two. Article 110 (1) shall be read as

:

" 1. In the case of taxation, of staff at the service of the public administration and of a market unit, the effects of a firm judgment which would have recognised an individual legal situation in favour of one or more persons may be extended to other, executing the statement, when the following circumstances are present:

(a) That the stakeholders are in the same legal situation as those favored by the judgment.

b) That the judge or court of judgment is also competent, for the reason of the territory, to know of its claims of recognition of such an individualized situation.

c) That they request the extension of the effects of the judgment within one year from the last notification of this to those who were a party to the process. If an appeal has been brought in the interest of law or review, this period shall be counted from the last notification of the decision terminating the decision. '

Three. A new Chapter IV is added to Title V with the following wording:

" CHAPTER IV

Market Unit Warranty Procedure

Article 127a.

1. Where the National Markets and Competition Commission considers that a provision, act, action, inactivity or route of fact from any public administration is contrary to the freedom of establishment or movement in the market, Terms provided for in Law 19/2013, Guarantee of the Market Unit, may present the administrative-administrative dispute regulated in this Chapter.

2. The time limit for bringing the dispute-administrative appeal for the guarantee of the market unit shall be two months as provided for in Article 46 (1) to (3). Where the appeal is lodged at the request of an economic operator, the two-month period shall be computed from the submission of the application to the National Markets and Competition Commission.

Article 127 ter.

1. On the same day as the appeal by the National Commission of the Markets and the Competition in guarantee of the market unit or in the following, the judicial secretary will require the administrative organ as a matter of urgency accompanying a copy of the statement of interposition, so that within a maximum of five days from receipt of the request, the file must be accompanied by the reports and data requested in the appeal, with warning of how much is provided for in Article 48.

2. Failure to send the administrative file within the time limit laid down in the previous paragraph shall not suspend the course of the file.

3. The Registrar shall bring the file and other proceedings to the appellant so that, within a period of 10 days, the application may be formalised and the documents required to be accompanied. If the administrative file is received after the application has been formalised, further processing of claims shall be granted to the parties.

4. Formalised the application, the Registrar shall forward the application to the parties concerned so that, in the light of the case, they shall submit a statement of defence within the common period of 10 days and shall accompany the documents which they consider to be appropriate.

5. The court shall decide on the following day on the receipt of proof, in accordance with the general rules laid down in this Law, and without prejudice to the provisions of Article 57. The probationary period shall not in any case be more than 20 days.

6. The proceedings shall be concluded, the court shall give judgment within five days. The judgment shall state the appeal where the provision, the action or the act involved any infringement of the legal order affecting the freedom of establishment or movement, including the diversion of power.

In accordance with the provisions of Article 71, the judgment in which the appeal is based shall entail the correction of the offending conduct and the compensation for damages, including loss of profit, which such conduct has caused.

In cases where there is no further appeal, the court may summon the parties to an appearance for the purpose of issuing their sentence of a living voice, giving a verbal explanation of the arguments in question. to support its decision by resolving the grounds underlying the appeal and the opposition and ruling, in accordance with the provisions of Articles 68 to 71.

The non-appearance of all or any of the parties will not prevent the dictation of the live voice sentence.

As soon as the recording of the appearance and its documentation is concerned, the provisions contained in Article 63 shall apply.

Case of having been given the sentence orally, the judicial secretary will issue certification that will collect all the pronouncements of the judgment, with express indication of its firmness and the administrative action to which it refers. Such certification shall be issued within a maximum of five days notifying the parties.

The previous certification will be recorded and incorporated into the Court of Justice's Sentencing Book. The video support of the appearance will be attached to the procedure.

7. In the course of the proceedings, he may, as a recurring party, request his intervention by any economic operator who has direct interest in the annulment of the contested act, act or provision and has not appealed to it in a manner independent.

The request of the operator shall be resolved by order, upon hearing of the parties, within the common period of five days.

Admitted the intervention, the actions will not be rolled back, but the intervener will be considered part in the process to all the effects and will be able to defend the pretenses formulated or the ones that the intervener itself formulates, if have a procedural opportunity to do so.

The intervener may use the remedies against the decisions it deems to be prejudicial to his or her interest, even if it is contained by the National Commission of the Markets and the Competition or the other parties.

8. The Chamber of the Contentious-Administrative Office of the National Court will agree to the accumulation to that promoted by the National Commission of the Markets and the Competition of all procedure that, initiated by an economic operator before the same or other organ (a) to be directed against the same provision or action and to act in violation of the freedom of establishment or movement as provided for in this Law.

9. For all purposes, the processing of these resources shall be of a preferential nature.

10. The procedure for the guarantee of the market unit, as not provided for in this Chapter, shall be governed by the general rules of this Law.

Article 127 c.

1. The National Markets and Competition Commission may request in its written form the suspension of the contested provision, act or resolution, as well as any other precautionary measure to ensure the effectiveness of the judgment.

2. The suspension of the contested provision, act or resolution shall be automatically produced, once the appeal has been accepted and without any need for any damages of any kind that may arise. The administration whose action has been taken may request the lifting of the suspension within three months of its adoption, provided that it proves that a serious disturbance of the interests of the administration could be followed. or third party that the court will weigh in a circumstantial manner.

The request will be sent to the National Commission of the Markets and the Competition so that, within ten days, it will be brought up in order to the maintenance or the lifting of the suspension in order to the conflicting interests.

Evacuated the previous procedure, the court will decide what it deems to be done by car in the following five days.

3. The application for any other precautionary measure shall be dealt with in the form provided for in Chapter II of Title VI. '

Final disposition second. Amendment of Law 17/2009 of 23 November on the free access to service activities and their exercise.

Law 17/2009 of 23 November on the free access to and pursuit of the activities of services is amended as follows:

One. Article 5 (b) is worded as follows:

" b) Need: that the authorisation regime be justified on grounds of public policy, public security, public health, environmental protection, or where the scarcity of natural resources or the existence of unequivocal Technical impediments limit the number of economic operators on the market. "

Two. Article 7 (3) is worded as follows:

" 3. The conduct of a communication or a responsible declaration or the granting of an authorisation shall allow the provider to access and exercise the service in the whole of the Spanish territory, including by establishing branches.

The means of intervention applied to physical establishments shall respect the following conditions:

(a) An authorisation may be required for each physical establishment where it is liable to damage the environment and the urban environment, public health and safety and the historical-artistic heritage, assessing this risk according to the characteristics of the facilities.

(b) A responsible declaration may be required for each physical establishment where compliance with requirements justified by an overriding reason of general interest is required in the regulations.

(c) a communication may be required where, for overriding reasons of general interest, they are required to maintain a check on the number or characteristics of the physical facilities or infrastructure on the market.

The intervention medium must be proportionate and non-discriminatory. Where the service provider is already established in Spain and is legally engaged in the activity, those authorities or declarations responsible may not provide for requirements which are not specifically linked to the physical establishment from the service provider. which intends to carry out such activity. "

Three. Article 11 (2) is worded as follows:

" 2. However, exceptionally, access to or exercise of a service activity may be made subject to compliance with any of the requirements of the previous paragraph where they are non-discriminatory, justified by an overriding reason of general interest and proportionate.

In any event, the concurrency of these conditions must be notified to the European Commission in accordance with the provisions of the fourth additional provision and must be sufficiently motivated by the regulations establishing such conditions. requirements. "

Four. Article 25 (2) (a) is read as follows:

" (a) The regulated professions, to the extent necessary to ensure compliance with different and incompatible deontological requirements due to the specific character of each profession, provided that they are justified by an overriding reason of general interest, be proportionate and non-discriminatory. "

Final disposition third. Amendment of Law 12/2012 of 26 December on urgent measures to liberalise trade and certain services.

One. Article 2 (1) is amended as follows:

" Article 2. Scope.

1. The provisions contained in Title I of this Law shall apply to retail business activities and to the provision of certain services provided for in the Annex to this Act, carried out through permanent establishments located in any part of the national territory, and the useful area of exposure and sale to the public is not more than 750 square metres. '

Two. The 10th Final Disposition is amended, which is worded as follows:

" Final Disposition 10th. Extension by the Autonomous Communities of the area threshold, the catalogue of activities and other cases of non-enforceability of licences.

The Autonomous Communities, within the scope of their powers, may extend the area threshold and the catalogue of commercial activities and services provided for in Title I and the Annex to this Law, as well as determine any other assumptions of licensing unenforceability. They may also establish regulations on these same activities with less administrative intervention, including the declaration of safety. "

Final disposition fourth. Competence title.

This Law is dictated by the exercise of the exclusive powers of the State to regulate the basic conditions that guarantee the equality of all Spaniards in the exercise of rights and in the performance of duties. constitutional, procedural law, in the field of bases and coordination of the general planning of economic activity, as well as on the basis of the legal regime of public administrations and the basic legislation on contracts Administrative provisions, respectively, in the areas referred to in Article 149.1. 1st, 6th, 13th and 18th of the Constitution.

Final disposition fifth. Adaptation of the current rules.

Within six months of the entry into force of this Law, the provisions in force with legal and regulatory status will be adapted to the provisions of this Law.

Final disposition sixth. Regulatory development.

The government will be able to approve the regulatory standards that are necessary for the development of the provisions of this Law. The Ministers of Finance and Public Administrations and the Economy and Competitiveness are also authorised to lay down the provisions necessary for the implementation and development of the provisions of this Regulation. Law.

Final disposition seventh. Entry into force.

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

2. However, Article 20 (2) and (3) and Article 26 shall enter into force three months after the publication of this Law except for those services covered by Law 17/2009 of 23 November on the freedom of access to the activities of services and their exercise.

Therefore,

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

Madrid, 9 December 2013.

JOHN CARLOS R.

The President of the Government,

MARIANO RAJOY BREY

ANNEX

Definitions

For the purposes of this Law, the following definitions shall apply:

(a) Accreditation: a declaration by an accreditation body that a conformity assessment body complies with the requirements set out in accordance with harmonised standards, and where appropriate, additional requirements; including those set out in the relevant sectoral schemes, for the purpose of carrying out specific conformity assessment activities.

(b) Economic activity: any business of a business or professional nature that involves the organisation of the means of production, human resources, or both, in order to intervene in the production or distribution of goods or the provision of services.

(c) Competent Authority: any body or entity carrying out the regulation, management or control of economic activities, or whose performance affects access to or pursuit of an economic activity, and in particular, the state, regional or local administrative authorities and professional bodies and, where appropriate, general and regional councils of professional bodies.

(d) Authority of origin: competent authority of the place of the national territory where the operator is legally established to carry out a given economic activity. An operator shall be understood to be legally established in a territory where an economic activity and its financial activity are accessed at that place.

(e) Destination authority: competent authority of the place of the national territory where an operator legally established elsewhere in the national territory carries out an economic activity, either by establishment or without it.

(f) Authorisation, licensing or rating: any express or tacit act of the competent authority that is required of an economic operator prior to access to an economic activity or its financial year.

(g) Establishment: access to and pursuit of an economic activity as a non-salaried person, as well as the establishment and management of companies and especially companies, under the conditions laid down by law, for a duration indeterminate, in particular by means of a stable infrastructure.

h) Economic operator: any natural or legal person or entity performing an economic activity in Spain.

(i) Quality standards: the provisions adopted by a recognised or accredited national or international body, which provide rules, guidelines or characteristics for the development of economic activities or the quality of their results.