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Royal Decree 830/2013, Of 25 October, Which Regulates Direct Grant-Making Of "incentive Program To The Efficient Vehicle (Pive-4)".

Original Language Title: Real Decreto 830/2013, de 25 de octubre, por el que regula la concesión directa de subvenciones del "Programa de Incentivos al Vehículo Eficiente (PIVE-4)".

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TEXT

The renewal of transport fleets has been shown as one of the most efficient measures for reducing energy consumption, with additional positive environmental and road safety effects. In this sense, the experiences of the Efficient Vehicle Incentives Program, in its three calls (PIVE, PIVE-2 and PIVE-3 Plans), established by the Resolutions of 28 September 2012 and 31 January 2013, of the Secretariat of State of Energy, for which it was published on 24 September 2012 and 30 January 2013, from the Board of Directors of the Energy Diversification and Savings Institute, as well as Royal Decree 575/2013 of 26 July 2013 with the the objective of replacing a total of approximately 295,000 old vehicles with the same new vehicle units, and whose funds have been depleted in a very short period of time than initially foreseen in both calls, indicates the excellent reception that this Programme has provided.

In turn, these Plans have allowed to mitigate the sharp fall in sales of vehicles in Spain associated with the economic crisis by alleviating the social effects in the sector, and has assumed other positive effects in sectors such as the advertising, insurance, workshops, managers, dealers, etc., as well as in the Consumer Price Indicator (CPI) itself, which makes it possible to reaffirm the right of implementation.

However, the market forecasts make it advisable to maintain or strengthen this type of measures, intensifying the renewal of the national fleet to reduce the average age of the fleet with high-efficiency vehicles. energy saving, promoting the energy saving of the transport sector and mitigating its negative effects on the environment. In this regard, the Government has taken the decision to provide an extraordinary credit of 70 million euros to give continuity to this Program of Incentives to the Efficient Vehicle in its fourth call (Plan PIVE-4).

In this royal decree the majority of the criteria that already included in the previous calls of the Program, related to the price limit of the vehicle to acquire, the inclusion of the models of lower consumption, are maintained. absolute, as well as the inclusion of those models with greater capacity for people transport, while strengthening the requirements of communication and advertising of the new Plan that must be met by the concessionaires or points of sale attached. Special support is included for those applicants who are persons with disabilities who credit their reduced mobility and who acquire an adapted vehicle.

The subsidies regulated in this royal decree are granted to those who meet the conditions for obtaining them. For the sake of carrying out the behaviour laid down in the standard and fulfilling the conditions and conditions required, the subsidy shall be granted provided that the aid previously awarded has not exceeded the amount of the budget available. This determines that they are procedures initiated at the request of the person concerned, in contrast to the competitive competition procedure, which is a procedure which starts on its own initiative, in accordance with Article 23 of Law 38/2003 of 17 November. General of Grants, which does not make its public call possible.

There are peculiar reasons of public, social and economic interest for the Ministry of Industry, Energy and Tourism to carry out continuity actions of the Efficient Vehicle Incentives Program by granting direct grants. Therefore, these subsidies are applicable to the provisions of Article 22 (2) (c) of Law 38/2003 of 17 November, General of Grants, relating to aid under direct concession, with a real decree being required which, in accordance with Article 28 (2) of that law, approve the special rules of the subsidies referred to in Article 22 (2) (c)

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

In its virtue, on the proposal of the Minister of Industry, Energy and Tourism, with the report of the Minister of Finance and Public Administrations and after deliberation of the Council of Ministers, at its meeting of October 25, 2013,

DISPONGO:

Article 1. Object and scope of application.

1. It constitutes the object of this royal decree the regulation of the procedure for the direct grant of grants for the "Program of Incentives to the Efficient Vehicle (PIVE-4)" consisting in potentiating a decrease of the national energy consumption by encouraging the modernisation of the tourism (M1) and commercial (N1) vehicles with high energy efficiency models, with lower fuel consumption and CO2 emissions, all in the framework of the Savings Plan and Energy Efficiency 2011-2020).

The purpose of these grants is to facilitate and encourage the withdrawal of the movement of some 70,000 vehicles over ten years old for category M1 and more than seven years for category N1.

2. To this end, the grants referred to in this royal decree shall be granted for the purchase of new vehicles of categories M1 and N1, which shall be accompanied by the final reduction in traffic of another vehicle, provided that one and the other requirements that are detailed in this royal decree.

Article 2. Characteristics and compatibility of grants.

1. The grants regulated in this royal decree will be awarded by the Institute for the Diversification and Saving of Energy, as a grant organ, to applications that meet each and every one of the requirements established in this real decree, by order of activation of the budget reserve, until the available budget is exhausted, or, if it occurs before, until the effective date of the present call specified in the seventh article is reached.

2. The grants provided for in this Royal Decree shall not be compatible for the same vehicle with the aid or grants granted under:

(a) The Resolution of 28 September 2012, of the Secretariat of State of Energy, published on 24 September 2012, of the Board of Directors of the Institute for the Diversification and Saving of Energy, establishing the regulatory basis for the call for assistance from the Efficient Vehicle Incentive Programme ("BOE" No. 235, dated 29 September 2012).

(b) The Resolution of 31 January 2013, of the Secretariat of State of Energy, published on 30 January 2013, of the Board of Directors of the Energy Diversification and Saving Institute, for which it is published establish the regulatory basis for the second call for assistance under the "Efficient Vehicle Incentive Programme (PIVE-2)" ("BOE" No. 28, of 1 February 2013).

(c) Royal Decrees 89/2013 of 8 February 2013 and 631/2013 of 2 August 2013 regulating the direct grant of aid from the 'PIMA Aire' Environment Action Plan for the purchase of commercial vehicles ('BOE '). 35, dated February 9, 2013 and "BOE" No. 185, dated 3 August 2013).

(d) Royal Decree 575/2013 of 26 July on the direct award of grants from the "Efficient Vehicle Incentive Program (PIVE-3)" ("BOE" No. 179, dated 27 July 2013).

However, the subsidies regulated by this royal decree will be compatible with the aid program granted by the Ministry of Industry, Energy and Tourism under the provisions of the Royal Decree. 294/2013, of 26 April, for which the direct grant of grants for the acquisition of electric vehicles is regulated in the framework of the Comprehensive Strategy for the impulse of the electric vehicle in Spain 2010-2014 ("BOE" No. 101, of 27 April 2013).

4. Furthermore, these grants, with the exception of those whose beneficiaries are private individuals, entities and non-profit institutions which are unable to undertake economic activities which have an impact on third parties, will be subject to the the limits laid down in Commission Regulation (EC) No 1998/2006 of 15 December 2006 on the application of Articles 87 and 88 of the Treaty to aid de de minimis (OJ L 379, 28 December 2006).

For these purposes, these beneficiaries will be required to submit a responsible declaration for all aid granted, making special mention of the de minimis aid received during the two fiscal years. in the course of the current fiscal year, and the fact that the company is not in difficulty, as established by the Community guidelines on State aid for rescuing and restructuring firms in difficulty (OJ C 244, 1 October 2004), in accordance with the provisions of the corresponding aid application.

Article 3. Funding.

1. The financing of the grants covered by this royal decree will be carried out by the contributions received by the IDAE from the budget of the Ministry of Industry, Energy and Tourism, the Ministry of Energy, Item 20.18.425A.746 "To the Institute for Energy Diversification and Savings (IDAE) for the Efficient Vehicle Incentive Program (PIVE-4)" for an amount of 70,000,000 euros.

2. The remnants of the "Efficient Vehicle Incentive Program (PIVE-2)" and the "Efficient Vehicle Incentive Program (PIVE-3)" will be incorporated into the budget of the "Efficient Vehicle Incentive Program (PIVE-4)."

3. In any event, the available budget for the implementation of this Programme shall be deemed to be exhausted, when the last budget reserve is made, which will total the amount corresponding to it.

After that time, the points of sale attached to the Program may continue to temporarily activate budget reserves in the corresponding computer application, which will be served by strict order of activation of the same, subject to the fact that cancellations have occurred in previous reservations that release the budget. The possibility of continuing to activate these reserves will be definitively terminated by resolution of the Director General of IDAE, which will be communicated to all the points of sale attached. On the other hand, the selling points will receive confirmation from IDAE of the inclusion of each provisional reserve, subject to the cancellation of reserves that release the budget, as well as, if necessary, of the moment in which the same may be attended. In no case, the budget reserve, as set out in this paragraph, will create a right to the perception of aid.

Article 4. Eligible vehicles.

1. The grants shall be used for the purchase of new vehicles of category M1 (motor vehicles with at least four wheels designed and manufactured for the carriage of passengers, having, in addition to the driver's seat, eight seats as (a) or category N1 (vehicles the maximum mass of which does not exceed 3,5 tonnes, designed and manufactured for the transport of goods), registered in Spain, and which meet the following requirements:

a) Turisms of category M1:

1. Conventional, hybrid, plug-in hybrid and electric extended autonomy (fully or partially propelled by internal combustion engines of petrol or diesel and electric), which at the date of activation of the Reserve of budget are classified as class A or B in the "Database of the IDAE of fuel consumption and emissions of CO2 in new cars" published on the website of the IDAE, according to the provisions of the Royal Decree 837/2002 of 2 August, for which information relating to fuel consumption and to information is regulated. CO2 emissions from new passenger cars that are put up for sale or are offered on lease in Spanish territory.

2. Pure Electrical.

3. º powered by internal combustion engines that can use alternative fossil fuels (self-gas -GLP-and Natural Gas) that appear in the referred " Database of the IDAE of fuel consumption and emissions of CO2 in new cars ", and in addition, credit for CO2 emissions not exceeding 160 g/km (grams per kilometre).

b) Light commercial category N1:

1. Conventional, hybrid, plug-in hybrid and electric extended autonomy, fully or partially propelled by internal combustion engines of gasoline, gas oil, LPG and Natural Gas, which, in addition, credit with approved CO2 emissions not exceeding 160 g/km (grams per kilometre).

2. Pure Electrical.

(c) passenger cars (M1) and commercial vehicles (N1) with CO2 emissions equal to or less than 120 g/km and that at the date of activation of the budget reserve are classified as Class A, B, C or D, in the "Fuel consumption IDAE database and CO2 emissions in new cars".

(d) Only if the applicant is a natural person, a large family member, vehicles of the category of passenger cars (M1) with more than five seats than the date of activation of the budget reserve. are classified as Class A, B and C in the 'Fuel consumption IDAE database and CO2 emissions in new cars', as referred to in paragraph (a) above.

e) It will also be necessary to require that the purchase price of the vehicles to be supported, at the time of applying for the grants, does not exceed 25,000 euros, before VAT or IGIC, except for the case collected in the the previous paragraph and in the event that the applicant is a person with a disability who accredits his/her reduced mobility and who acquires an adapted vehicle, where the purchase price of the vehicles under support, at the time of application of the Grants referred to in these bases shall not exceed EUR 30,000, before VAT or IGIC.

This requirement will not apply to subsidies for the purchase of pure electric vehicles, plug-in hybrids and extended autonomy.

2. It shall be necessary for the acquiring holder of the eligible vehicle to prove the final discharge in circulation of the vehicle to be carried out in the Register of Vehicles of the Directorate-General for Traffic, by means of the corresponding certificate of the final discharge of the vehicle, as set out in Article 9 of this royal decree.

The vehicle to be carried out must be, without distinction, category M1 or N1, and be registered in Spain before the date on which this programme takes effect. In addition, in the case of category M1, older than ten years old and older than seven years in the case of vehicles of category N1, both counted from the date of first registration up to the date of registration. activation of the corresponding reserve of budget of the aid application or up to the date of registration of the new vehicle acquired if the latter was earlier. The holder of the vehicle liable for payment shall also have ownership and ownership of the vehicle to be reached.

3. Grants shall be awarded for one time, without duplication in the case of successive transmissions of the same vehicle.

4. Vehicles of category M1, conventional, hybrid, plug-in hybrid and extended-range electric vehicles (fully or partially propelled by internal combustion engines of petrol or diesel and electric), capable of being supported In the framework of this Program, they must appear in the Database of the IDAE of fuel consumption and emissions of CO2 in new cars for sale in Spain which, to this effect and while the Program is in force, will be kept up to date and published on the website of IDAE (www.idae.es), in accordance with the provisions of the Royal Decree 837/2002 of 2 August, for which information on fuel consumption and CO2 emissions is regulated for new passenger cars that are put up for sale or offered on lease in Spanish territory. The information contained in this database may not be used for any other purpose than for the purpose of applying for aid under this programme, without prejudice to the infringements and penalties provided for by the said programme. a decree concerning non-compliance with any of its provisions.

5. Manufacturers and importers of vehicles that appear in the Data Base of the fuel consumption IDAE and emissions of CO2 in new cars, will be responsible for the veracity of the information provided to IDAE in order that their vehicles appear in that database, committing to provide the IDAE with the evidence and documentation that it may require for verification.

6. Those acquisitions of vehicles which are not carried out in accordance with the above requirements, and in particular those carried out outside the time limit laid down in Article 7 of this royal decree, shall not be eligible for such acquisitions. attached to the Programme or those not accompanied by the documentation referred to in Article 9.

7. The aid shall be limited to the purchase of a single vehicle per beneficiary.

8. In any event, both the registration of the eligible vehicle, and the issue of the certificate of proof of the final discharge in respect of the vehicle to be carried out, must not have occurred before the date on which the vehicle is registered. Program, according to the provisions of article 7 of this royal decree.

Article 5. Amount.

1. The grants covered by this Royal Decree for the purchase of vehicles of category M1 and N1 specified in Article 4 shall be subject to the application on the relevant sales invoice by the point of sale. adhered to the programme, of a minimum discount of EUR 1,000 per vehicle, made by the manufacturer/importer or point of sale of the purchased vehicle. The amount of public aid provided by the IDAE in this programme shall be EUR 1,000 per vehicle.

This aid will amount to EUR 1,500 per vehicle in the case of passenger cars (M1) of more than five places, as referred to in Article 4.1.d), provided that the applicant is a natural person who is a member of a family In accordance with Articles 2 and 3 of Law 40/2003 of 18 November, a large number of the members of the Family Protection and the Protection of the Families of the Family are accredited and accredited in accordance with the provisions of Article 9. In the same way, this aid will be applied in the event that the applicant is a disabled person who accredits his/her reduced mobility and who acquires an adapted vehicle.

2. Taking into account the above paragraphs in this article, the total discount to be shown on the invoice from the Programme shall be at least EUR 2 000: a minimum discount of EUR 1 000, applied before tax and the manufacturer/importer or marketer/point of sale of the purchased vehicle, to which a further EUR 1,000 per vehicle after tax is added, in charge of the aid budget.

In the case of persons with disabilities who credit their reduced mobility and of tourism vehicles (M1) of more than five places, referred to in Article 4.1.d), and only for the case of applicants who are members of large families, the total discount to be shown on the invoice under the programme shall be at least EUR 3 000; a minimum discount of EUR 1,500, applied before tax and by the manufacturer/importer or marketer/point of sale of the vehicle acquired, to which another 1,500 euros per vehicle after tax is added, in charge of Program budget.

Article 6. Beneficiaries.

1. They may be beneficiaries of the grants provided for in this programme:

a) The natural persons. In the case of self-employed professionals, they will have to be discharged from the Census of Employers, Professionals and Reholders.

(b) Micro-enterprises, with the understanding of those enterprises which occupy less than 10 persons and whose net amount of the annual turnover or total of the assets of the asset does not exceed EUR 2 million, limits in accordance with Annex I to Commission Regulation (EC) No 800/2008 of 6 August 2008 declaring certain categories of aid compatible with the common market pursuant to Articles 87 and 88 of the Treaty (General block exemption Regulation).

(c) Small and medium-sized enterprises (SMEs) defined in accordance with that set out in Annex I to Commission Regulation (EC) No 800/2008 and meeting the following requirements:

1. º That employ less than 250 people.

2. º that the net amount of the annual turnover does not exceed EUR 50 million, or the total of the assets of the asset does not exceed EUR 43 million.

The criteria set out in the above points for micro and small enterprises, which should be met by potential beneficiaries, should be those for the last accounting year closed before the date of application. The subsidy. If, at the date of publication of this notice, any undertaking does not have a closed accounting year, the grant of the grant shall be conditional on the fact that, on the first date of the closing of the accounts, the above limits were met.

2. Applicants in which one of the circumstances provided for in Article 13 of Law 38/2003 of 17 November, General of Grants, shall not obtain the status of beneficiaries. The beneficiary shall, together with the application for a grant, sign a responsible statement.

3. The beneficiary must be aware of the compliance with its tax obligations and social security, which will be credited by a responsible declaration which will be signed together with the application for the grant, without prejudice to the the provisions of Article 11.

Article 7. Deadlines.

The Program shall have effect from the day following the date of publication in the "Official State Gazette" of this Royal Decree and shall end six months after that date, or, if it occurs before, when the available budget as set out in Article 3.

As of the date on which the Program will take effect, it will be possible, therefore, to carry out vehicle acquisition operations, which may be eligible for the Program. These operations shall be validated as long as their budget reserves are activated and the corresponding requests for aid for the point of sale adhered to the Programme are made, in accordance with the terms and conditions laid down by the present royal decree.

Article 8. Procedure.

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

(a) The points of sale of vehicles that wish to participate in this Program are to be attached to it, in accordance with the provisions of Article 12 of this royal decree. The use of the access keys to the computer application of the "Program of Incentives To Efficient Vehicle (PIVE 4)", facilitated by the IDAE to the dealers already attached to the " Program of Incentives to the Efficient Vehicle (PIVE-3) ", shall confirm its accession to the PIVE 4 Programme. With such accession, the points of sale accept and commit to the fulfillment of the full content of the present royal decree.

(b) Grants interested in grants may know, for each postal code, the updated listing and location of the sales points attached to the "Efficient Vehicle Incentive Program (PIVE-4)" as well as the vehicles susceptible of aid in the Database of the IDAE of fuel consumption and emissions of CO2 in new cars, in the web page of the IDAE.

(c) The potential beneficiary shall be directed to a point of sale adhered to the Programme and shall choose any of the vehicles that meet the requirements set out in Article 4 of this royal decree. The point of sale of vehicles, with their access keys that identify as adhering to the "Program of Incentives To Efficient Vehicle (PIVE-4)", will be able to check, in real time through the computer application created to the effect and located in the the IDAE website, the amount of funds available under the Programme and, where appropriate, the corresponding reserve of budget and request for assistance.

(d) To make the budget reserve, the point of sale shall, in electronic form, complete the basic data of the operation relating to the beneficiary, the vehicle acquired and the vehicle to be carried out by the application. Computer software designed for this purpose will ask you to make the grant application. Once the reservation has been made, the signed point of sale will receive an email, addressed to the address provided for this purpose, confirming the reservation of the budget made for the corresponding application.

Each budget reserve may not comprise more than one vehicle or more than one beneficiary.

e) In the confirmation email of the budget reserve, the point of sale will receive, as an accompanying document, the pdf of the form of the request for assistance for the purchase of the vehicle corresponding to the operation raised. The point of sale shall be printed in triplicate.

f) The point of sale of vehicles adhered to the Program shall offer the price of the vehicle applying on the invoice, before taxes, the corresponding discount made by the manufacturer or importer, collected in the article 5.1 of this royal decree and then, after tax, the aid of the PIVE-4 Programme, as set out in Article 5.2.

g) The point of sale adhered will proceed to verify that the buyer is a subject that meets the requirements of Article 6 of this royal decree with character prior to the sale of the vehicle to the potential beneficiary.

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

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

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

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

(j) Approved full compliance with the conditions, the IDAE shall proceed to transfer the amount of the aid to the point of sale adhered through the bank account established for that purpose.

Article 9. Documentation to be delivered by the buyer/beneficiary to the point of sale of vehicles.

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

(a) Photocopy of the DNI or N.I.E. of the individual or natural person or of the tax identification card where the NIF of the legal person is established (in force), unless the person concerned gives his/her express consent to his/her data of personal identity can be consulted by IDAE through the System of Verification of Identity Data set out in Order PRE/3949/2006, of December 26, in accordance with the provisions of Royal Decree 522/2006 of April 28, for which I know suppresses the provision of photocopies of identity documents in the proceedings administrative authorities of the General Administration of the State and its related or dependent public bodies.

b) In the case of self-employed professionals, certificate of discharge in the Census of Employers, Professionals and Reholders.

(c) In the case of an applicant, a natural person, a large family member, photocopy of the official title of large family. In the case of a disabled person who credit their reduced mobility, a certificate issued by the competent assessment bodies of the Autonomous Communities or the IMSERSO.

d) photocopy of the "Certificate of the final discharge of the vehicle", by the corresponding Authorized Vehicle Treatment Center (CAT), on behalf of the General Directorate of Traffic or, failing that, report of the General Registry of Vehicles of the corresponding Provincial Traffic Headquarters, which accredits the definitive discharge.

(e) Photoccopy of the Technical Sheet of the vehicle where the date of first registration is recorded and its registration in Spain and photocopy of the Vehicle Circulation Permit. In the absence of any of these documents, the Traffic Directorate General Report will be provided with the vehicle's history.

f) Photocopy of the Technical Sheet of the purchased Vehicle. In those vehicles where the number of CO2/km in the Technical Sheet is not mandatory, as well as in the LPG and Natural Gas vehicles, an official Certificate of CO2 emissions from the manufacturer must be provided. In the case of vehicles adapted for persons with reduced mobility, the technical information sheet of the vehicle purchased shall reflect the adaptation made.

G) Photocopy of the Circulation Permit of the purchased vehicle or photocopy of the Provisional Circulation Permit issued by the General Directorate of Traffic.

h) photocopy of the purchase invoice in which it is broken down: ex-works price, other costs, manufacturer's discount or point of sale for the "Efficient Vehicle Incentive Program (PIVE-4)" (minimum EUR 1,000), other discounts, price of the vehicle before VAT or IGIC, after tax, public aid in the amount of EUR 1,000 provided by the "Efficient Vehicle Incentive Program (PIVE-4)" and total to be paid by the acquiring beneficiary.

In the case of persons with disabilities who credit their reduced mobility and the potential beneficiary is a large family member and the purchased vehicle is listed in the typology referred to in Article 4.1.d), the Photocopy of the vehicle purchase invoice shall reflect the following breakdown: ex-works price, other costs, manufacturer's discount or point of sale for the "Efficient Vehicle Incentive Program (PIVE-4)" (minimum 1,500 euros), other discounts, price of the vehicle before VAT or IGIC, price after tax, subsidy The amount of EUR 1,500 per person charged under the "Efficient Vehicle Incentive Scheme (PIVE-4)" and total payable by the acquiring beneficiary.

On the invoice, the registration plate, mark, model and version of the purchased vehicle, as well as its energy class (on M1 vehicles) or its CO2/km emissions (on N1 vehicles) must also be included.

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

1. The points of sale of vehicles attached to this Programme shall, at the time of the sale of the eligible vehicle, carry out the discount and deduction on the purchase price referred to in Article 5.3. The deduction of the amount of the subsidy shall be considered as an advance payment of the subsidy, subject to the verification of the required documentation.

2. The activation of the budget reserve for the aid application shall be completed by the point of sale through the IT application established for the purpose, by checking and filling in the application the identifying data of the applicant who appears in your DNI, NIE or N.I.F. The validity of the activation document of the reservation is conditioned to the veracity of each and every one of the data completed in it. In the event of voluntary cancellation of the budget reserve by the beneficiary, the point of sale shall send to the IDAE an e-mail with the identification of the reservation and the data of the applicant (name and DNI, N.I.E. or N.I.F.) to the pive4 address @idae.es.

3. When making a reservation of budget, the point of sale must follow the directions of the application, introducing the data requested in relation to the vehicle to achatarrar and the type of vehicle to acquire Additionally, will collect from the the documentation referred to in Article 9.

4. After completing the data requested by the application for the aid application, the point of sale will receive by e-mail the corresponding confirmation of the activation of the budget reserve, corresponding to the request of the help.

5. After the sale and after verification of compliance with the provisions of the previous paragraphs, the point of sale will charge, in the corresponding spaces enabled for this effect in the computer application, pointing to the effect that the only one Supported format for document loading is the pdf, the following documentation duly scanned:

(a) The beneficiary relative to the beneficiary referred to in Article 9.

(b) The sales invoice, which must comply with the provisions of Royal Decree 1619/2012 of 30 November, approving the Regulation governing the obligations of invoicing and other rules in force. On that invoice, it must, in addition, explicitly state:

1. Purchased vehicle data: registration or rack, brand, model, version and energy class or CO emissions2/km.

2. Vehicle cost breakdown: ex-works price, other costs or taxes, manufacturer's discount associated with "Efficient Vehicle Incentive Program (PIVE-4)", other discounts, vehicle price before VAT or IGIC, after tax, aid applied in accordance with the amounts set out in Article 5, specifying for this concept the grant of the "Efficient Vehicle Incentive Program (PIVE-4)" and Total to Pay or Total Invoice.

After loading into the application the documentation provided and completing the possible additional data required for the grant application (registration number and registration date of the new vehicle purchased), the point You will receive the help request document by e-mail. The point of sale will then print three copies of the application document and proceed to its signature and seal, also collecting the buyer's signature.

6. IDAE may request, at any time, during the limitation period of the right of the Administration to recognize or to liquidate the drawback, the remission of the originals of the supporting documents or documentation provided that it considers appropriate. Where appropriate, the grant shall be reimbursed by the point of sale adhered to, in accordance with the terms laid down in Article 13, if the latter does not provide such originals within 15 working days of the day following the day on which IDAE it would have been required in that regard, considering that such a circumstance would be a breach of the obligation to justify the award of the grant.

Article 11. Obligations of the beneficiaries and points of sale.

Will be obligations of beneficiaries and points of sale attached:

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

(b) Submit to the actions of verification that the IDAE may carry out and, where appropriate, to the actions of financial control that correspond to the General Intervention of the State in relation to the aid granted.

(c) Meet the requirements of Article 13 (2) and (3) of Law 38/2003 of 17 November, General of Grants, among which are to be aware of their tax obligations and (a) with regard to social security, and not to have any obligation to reinstate aid with the General Administration of the State and its dependent public bodies and entities. For this purpose, the beneficiary and the representative of the point of sale shall subscribe, together with their respective requests for aid and accession, responsible statements.

However, in the case of points of sale attached, when they exceed an amount of EUR 3 000 in the set of applications for aid which they deal with, they will be obliged to provide proof of their being tax obligations issued to that effect by the State Tax Administration Agency and to be aware of the obligations to the Social Security as provided for in Article 22 of the Regulation of Law 38/2003, of 17 November, July 21, General of Grants approved by Royal Decree 887/2006.

Article 12. Adherence of vehicle sales points and obligations.

1. They may be points of sale attached to the Efficient Vehicle Incentives Program (PIVE-4), the companies authorized for the marketing of vehicles operating in the Spanish State and who credit to be discharged for this purpose by means of the .establishment's identifying industrial registration number.

2. The points of sale interested in participating and collaborating in the "Program of Incentives To Efficient Vehicle (PIVE-4)", must enter the page of the Program that will be located on the website of the IDAE (www.idae.es) and register for this purpose following the indications of the computer application.

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

Dealers or points of sale already attached to the "Efficient Vehicle Incentive Program (PIVE 3)" set up by Royal Decree 575/2013 of July 26 will automatically be deemed to be attached, provided that they are current in the performance of their tax obligations and with the social security as well as not in any of the circumstances set out in Article 13 of Law 38/2003 of 17 November, General of Grants, being committed to the fulfillment of each and every one of the requirements set out in this royal decree, except express waiver.

However, dealers or outlets not previously attached to the "Efficient Vehicle Incentive Program (PIVE 3)" or that, having been attached to it, would have suffered, after their accession, changes in the data or documents provided, will have to send, in addition to the application form, the following documents:

1. The current account entitlement document.

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

3. Accredited Photocopy of the Industrial Registration Number identifying the establishment or certificate of discharge in the Census of Employers, Professionals and Reholders.

4. No Certificate to be aware of the tax obligations issued to that effect by the State Tax Administration Agency and to be aware of the obligations to Social Security.

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

3. If the documentation provided does not meet the required requirements, the point of sale shall be required to ensure that, within 10 working days, the necessary documentation is subsated or the necessary documentation is accompanied by an indication that if it does not will have as a withdrawal in its application for membership of the Programme.

4. Once the entry of the point of sale to the Program has been accepted by the IDAE, the high point of sale will be made effective as a center adhered to the PIVE-4, informing itself to this effect by e-mail. From this moment on, you can access the budget reservation activation computer system and help requests using your key and password.

5. The listing of the points of sale attached to the "Program of Incentives To Efficient Vehicle (PIVE-4)" will be published on the website of the IDAE and will be updated continuously, collecting the points of sale that will adhere, once it is validated by the IDAE the corresponding documentation to be submitted by them.

6. Additional obligations for the points of sale attached to the "Efficient Vehicle Incentive Program (PIVE-4)" shall be without prejudice to the other obligations set out in this royal decree:

a) Inform applicants for grants of the benefits of eligible vehicles from the "Efficient Vehicle Incentive Program (PIVE-4)".

b) Make the marketer or manufacturer's discount as well as the deduction, after tax, of the amount of aid corresponding to the vehicle purchased on the occasion of the " Efficient Vehicle Incentives Program (PIVE-4) ', as provided for in Article 5.3; and to provide the beneficiaries with a supporting copy of the aid application made on their behalf, as well as the original invoice containing the discounts made.

c) Follow the methodology and procedures established in this royal decree as well as the instructions that, in case of doubt or conflict, could be carried out by the Institute for the Diversification and Saving of Energy by means of Resolution of its Director General.

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

e) Show in visible place, within each of the commercial premises of the dealer or point of sale adhered, the logo of the "Program of Incentives To The Efficient Vehicle (PIVE-4)", as well as the advertising supports that are indicated below. The IDAE will design the image of the Plan (logo, motto, uses, etc.) and its corresponding "Application Manual" in the necessary formats, variants and/or adaptations (color, B/N, vertical, horizontal, etc.), which will facilitate the concessionaires attached to the Program for implementation.

Advertising media will be at least:

● At the entrance of the establishment: Cartel in minimum size DIN-A3 with the expression "attached establishment" that will accompany the logo PIVE-4.

● Inside the establishment: display DISPLAY on floor of dimensions 80 × 130 cm, in colour 4/0 inks on 300 g cartoncillo with plasticised gloss on visible face and cardboard support for vertical restraint.

● In all the media used to transmit the communication (spots tv, press graphics, Internet, etc.), the logo "Plan PIVE-4".

● In sound media, as radio channels, it will be made clear by the use of the expression (on or off) "PLAN PIVE FOUR".

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

Article 13. Causes of drawback of grants.

1. They shall give rise to the obligation to reintegrate the amounts received in respect of the invalidity of the grant decision referred to in Article 36 of Law 38/2003 of 17 November, General of Grants. The total or partial refund and the requirement of interest for late payment from the date of payment of the subsidy shall also be made until the date of the repayment of the subsidy is agreed, in the cases referred to in Article 37 of that Regulation. law, as well as the other provisions laid down in the provisions referred to in Article 2 of this royal decree.

2. In the case of partial non-compliances, IDAE shall determine the amount to be reintegrated by the beneficiary in response to the principle of proportionality on the basis of the justified costs and the actions accredited, in accordance with the provisions of the Article 37 (2) of Law 38/2003 of 17 November, General of Grants, in conjunction with Article 17 (3) (n) of that Law.

Article 14. Advertising.

Any reference in any means of dissemination to the action covered by the grants covered by this royal decree, must include that it has been supported by the Institute of Diversification and Energy Saving The Efficient Vehicle Incentives Program (PIVE-4) as provided for in Article 18.4 of Law 38/2003 of 17 November, General Grant.

Article 15. Confidentiality and protection of personal data.

1. In accordance with the Organic Law 15/1999 of 13 December on the Protection of Personal Data, the points of sale of vehicles attached to the "Program of Incentives For Efficient Vehicle (PIVE-4)" will be expressly required to maintain strict confidentiality on any personal data which they may obtain on the occasion of the activities to be carried out under this royal decree, and may therefore not be able to copy or use them for purposes other than those contained in the not even for other persons other than IDAE, not even for the purposes of conservation.

2. On the other hand, the information and personal data received by IDAE from any applicant, beneficiary, interested party or point of sale adhered to the programme, in general, will also be of a confidential nature, and will be collected by the Institute for the Diversification and Saving of Energy (IDAE) to be incorporated, respectively, to the automatic files owned and held by the same: "PIVEPUNTOSVENTA", "PUNTOSVENTAVEHICLES" and "PIVEBENEFICIARIES", with the aim to verify compliance, control and monitoring of obligations established by these bases. Interested parties may exercise their rights of access, rectification, cancellation or opposition in writing to the General Secretariat of the IDAE, Calle Madera, number 8, 28004 -Madrid.

3. The information on grants of grants made under this royal decree will be communicated to the National Grant Base in the terms of the said obligation under Article 20 of Law 38/2003, 17 of November.

4. Notwithstanding the foregoing, and with the formalization of their acceptance of these bases, in the form established by them, the points of sale of corresponding vehicles accept the publication of their identifying data on the website of IDAE, for the purposes specified therein.

Article 16. Legal regime.

These grants will be governed, in addition to the provisions of this royal decree, as appropriate, as provided for in Law 38/2003 of 17 November, General of Grants and in its Rules of Procedure, approved by Royal Decree 887/2006, of 21 July, in Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure, in Commission Regulation (EC) No 1998/2006 of 15 December 2006 on the application of Articles 87 and 88 of the Treaty to de minimis and other provisions which application results.

Final disposition first. Competence title.

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

Final disposition second. Entry into force.

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

Given in Madrid, on October 25, 2013.

JOHN CARLOS R.

The Minister of Industry, Energy and Tourism,

JOSE MANUEL SORIA LOPEZ