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Order Of 26 April 1993 Which Approve The Regulatory Bases Of The Granting Of Aid To The Sector Of Public Transport By Road.

Original Language Title: Orden de 26 de abril de 1993 por la que se aprueban las bases reguladoras de la concesión de ayudas al sector del transporte público por carretera.

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The market or the public transport of goods by road now presents a series of structural problems which derive mainly from the isolated and unplanned action of transport undertakings which, in The Commission has already been able to make the most of the information available to the Commission on the basis of the information provided by the Commission on the basis of Article 1 (1) of the Regulation. In addition, there are also a number of additional problems which also affect the operation of the market in the transport of goods, including the high age of hauliers, their low level of training and the difficulties for small businesses to access the financing of their investments. Some of these problems also arise in the field of public passenger transport by road, and it is necessary to extend part of the corrective measures to this sector. On the other hand, taking into account the importance of transport in the general economy and the fact that the problems of this sector require treatment at national level to avoid dysfunctions, it has been deemed necessary to take a united action on the part of the State.

There is, moreover, an excess supply of transport that can be estimated at approximately, as an annual average and on the basis of optimal use of vehicles, by 10 per 100, which is a series of imbalances. (i) the Commission should be able to take the necessary steps to ensure that the rules of the European Economic Community are properly applied and that they are to be eliminated or at least substantially reduced.

In order to correct the defects pointed out achieving greater transparency in the transport market was elaborated by the Inter-Ministerial Commission constituted to the effect, the Program of Measures for the field of public transport of goods by road, which was reported favourably by the Government's Delegation for Economic Affairs at its meeting on 30 July 1992. The measures to be adopted under the Programme include grants to be granted by the Ministry of Public Works and Transport for the period 1992-1995, in accordance with the budgetary appropriations entered for this purpose.

It is therefore necessary to establish the regulatory basis for the granting of the aid, in accordance with the provisions of Article 81.6 of the General Budget Law.

In its virtue, in compliance with the provisions of Article 93.3 of the Treaty establishing the European Economic Community, I have:

CHAPTER FIRST

Common Rules

SECTION 1. GENERAL PROVISIONS

Article 1. The purpose of this Order is to establish, in accordance with Article 81.6 of the recast text of the General Budget Law, the regulatory basis for the granting of subsidies to entities and undertakings in the public transport sector. goods by road for the period 1992-1995. The aid provided for in Article 19 and Section 3 of Chapter II may also be granted to passenger transport entities and undertakings.

Art. 2. 1. Entities and companies (be they the personality of these last physics or legal entities), who wish to obtain the grants regulated in this Order must request it in writing addressed to the Director General of the Land Transport of the Ministry of Public works and transport, which must be accompanied by the documents certifying the personality of the applicant, as well as the fulfilment of the requirements necessary for the granting of the aid requested. These latter requirements may, however, be credited later in the cases referred to in Article 10.2.

The natural persons shall accredit their personality by means of the national identity document in force, identification document that has equivalent effects in the country of origin or passport, depending on whether or not the nationality is In any case, they must prove that they are in possession of the corresponding number of tax identification. Legal persons by means of an authorized copy of the document of incorporation, duly registered in the Commercial Register or where appropriate, and a tax identification card.

Applications may be filed in the Register of the Ministry of Public Works and Transport, Plaza de San Juan de la Cruz, without number, 28071 Madrid, or through any of the forms provided for in the legislation of administrative procedure.

2. It shall also be accompanied by a request for a declaration stating the grants obtained or requested from any other public or private, national or international Departments, Administrations or Entes, with the same project.

3. In addition to the documents expressly required in this Order, the petitioners of the grants may accompany their application with any other consideration they may be able to serve to justify these, especially in order to facilitate the administration the estimate of the degree of reliability of the data and forecasts contained in the explanatory notes to the action projects to be financed.

4. The Directorate-General for Land Transport, once the application has been received with the relevant document, may require the person concerned to, within 10 days, unless otherwise expressly granted, remedy the deficiencies. (a) to be observed or to provide any additional documentation or information deemed necessary for the proper resolution of the request, with the warning that this time limit has elapsed without the applicant to attend the request; file of the request without further processing.

Art. 3. Where, in relation to the same project or action, several aid is requested from those covered by this Order, the study, processing and, where appropriate, the granting of such aid may be carried out jointly.

Art. 4. The decision to grant the grant shall include the amount of the grant and the circumstances giving rise to the grant, and additional conditions may be laid down for those laid down in this Order of compulsory observance by the Commission. the beneficiaries.

Where, within three months of the request, no express decision has been given, the dismissed decision may be understood, in accordance with the provisions of Article 43 of Law No 30/1992 of 26 November 1992 on the legal system of Public administrations and the Common Administrative Procedure.

Art. 5. The beneficiaries of the grants will have to prove in advance of their recovery that they are aware of their tax obligations and in the face of social security, in the terms established in the Orders of the Ministry of Economy and Finance of 28 April 1986 and 25 November 1987.

Such beneficiaries will also be obliged to provide at all times as much information as required by the Court of Auditors.

Art. 6. Any alteration of the conditions under consideration for the grant of the grant and, in any event, the concurrent obtaining of grants or aid from other departments, public or private, national or international, which have not previously been communicated in accordance with the provisions of Article 2 (2), may give rise to the revocation or amendment of the grant decision.

Art. 7. The recovery of the amounts received and the requirement of interest for late payment from the time of payment of the grant, in cases where the beneficiary does not justify the fulfilment of the purpose for which it was granted, shall recover the sums received. without meeting the conditions required to do so or in breach of the purpose for which it was granted or the conditions imposed by reason of the concession, and the forecasts and deadlines laid down in the investment plans must be respected in particular and supporting expenditure for each grant approved by the Administration. The amounts to be reintegrated shall, for the purposes of their collection, be regarded as public-law revenue.

Art. 8. The grants covered by this Order shall be governed, as not provided for in this Order, by the general provisions of Articles 81 and 82 of the recast text of the General Budget Law.

SECTION 2. GENERAL RULES ON APPLICATIONS AND ACCREDITATION OF REQUIREMENTS FOR THE GRANTING AND PAYMENT OF GRANTS

Art. 9. 1. The time limit for the submission of applications shall be between 1 December of the preceding year and 31 August of the year corresponding to the financial year in respect of which the aid is to be financed.

However, the General Directorate of Land Transport, where there are causes to justify it, may accept requests after the deadline.

2. There shall be a specific time limit for the submission of applications from 1 December to 31 January of successive years. Applications submitted within this period shall be dealt with as a matter of priority and jointly in accordance with Article 14.

3. Applications which have not been possible to meet the budgetary appropriations for the financial year in which they are submitted may be settled jointly with those submitted during the period laid down in the preceding number, corresponding to the Next exercise.

Art. 10. 1. Where the aid is requested after the actions or purposes to which it is addressed and the expenditure relating thereto, the supporting documentation of the aid shall be accompanied by the application. implementation and compliance with the other requirements required.

This accreditation must be carried out at the same time as the grant application in the case of the aid provided for in Section 5. of Chapter II.

The time limit for submitting these applications will be one year, based on the action justifying the grant of the subsidy or the implementation of the expenditure supported, and in any event such action or This expenditure has been incurred after the entry into force of this Order.

2. Where the aid is requested in advance for the performance, purposes or expenditure to which it is directed, those applications, with the exception of those referred to in Section 5. Chapter II may be considered and resolved, but the following rules shall apply in respect of the time-limits for the completion and justification of such rules:

(a) In relation to the aid provided for in Articles 20, 21 and 22, the effectiveness of the concentration must be documented within a maximum period of three months from the notification of the decision to grant the aid. of the grant.

The performance of the expenditure to which the aid is intended to be financed shall be documented within six months of the notification of the granting of the aid. subsidy.

(b) In the case of aid provided for in Article 25, the waiver of transport authorisations and the scrapping of vehicles shall also be credited within six months.

(c) The effective implementation of the feasibility studies referred to in Article 19 and the expenditure relating thereto shall be justified within six months of the notification of the decision to grant the subsidy.

(d) Accreditation of the performance and fulfilment of the stable partnership contracts referred to in Article 27 shall be carried out in accordance with the specific rules laid down therein.

e) The initiation of the courses referred to in Article 26 shall be justified within one year of the granting of the aid.

(f) Compliance with the other conditions and requirements, where applicable, payable for the grant of the grants referred to in this Article, not provided for in the preceding paragraphs, shall be justified at the time of make the corresponding requests.

g) The payment of the grants previously granted shall in any event be subject to compliance with the provisions of Article 11.

3. Exceptionally, where there are reasons to justify this, the Directorate-General for Land Transport may accept that the requirements and conditions referred to in the preceding number are justified after the completion of the time-limits provided for in the Article, although it shall apply, in any event, in relation to the payment of the grants, as provided for in the following Article.

4. By way of derogation from the preceding number 2, where the endorsement provided for in numbers 2 and 3 of the following Article is presented, the time limits for the accreditation of the actions and expenditure referred to therein shall be those set out therein.

5. In the event that the documentary evidence of the actions and expenses referred to in numbers 2, 3 and 4 of this Article is not made within the time limits laid down therein, the decisions of the grant of the corresponding grants.

Art. 11. 1. For the payment of the grants, the performance of the actions, purposes and expenses for which they have been granted and the fulfilment of the other requirements that condition their granting within the time limits shall be justified. established in the previous article.

2. However, in respect of the grants provided for in Articles 19, 20, 21, 22, 26 and 27, payment may be made immediately to the grant of the aid, even if the documentary justification for the implementation of the expenditure has not been made available to the the financing of which is to be directed, where the bank or financial institution or the law firm is legally recognised in favour of the Land Transport Directorate-General for the total amount of the grant or, where appropriate, the part of the of the same in respect of which the mandatory justification for expenditure has not been made. The guarantee shall cover, at least, the time limit laid down for the implementation of the expenditure concerned plus three months.

3. The endorsement shall be executed if the justification for the fulfilment of the obligations laid down in the investment plan and expenditure, if any, approved by the Administration, as well as the actual performance of the expenditure provided for in the time limits. In the event that no reference is made in the granting decision, it shall be understood that the time limits shall be three years from the payment of the grant.

The endorsement will be returned as soon as the aforementioned justification is made.

SECTION 3. GENERAL RULES ON THE GRANTING OF DIFFERENT TYPES OF GRANTS

Art. 12. The appropriation for all aid covered by this Order in the budgets of the Directorate-General for Land Transport shall be allocated to the financing of the various types of subsidy in accordance with the next percentage distribution:

Grant Type/Percentage

Grants referred to in Article 19 2

Grants referred to in Article 20 3

Grants referred to in Articles 21, 22 and 25 65

Grants referred to in Article 26 8

Grants referred to in Article 27 12

Grants referred to in Article 29 10

Art. 13. The aid will be granted by the Director-General of Land Transport, by delegation of the Minister for Public Works and Transport, taking into account the existing budgetary resources.

Art. 14. 1. The granting and determination of the amount of aid applied for within the specific period from 1 December to 31 January referred to in Article 9 (2) shall be carried out in compliance with the percentages laid down in Article 12. Where the sum of the aid, in principle estimated for each type of subsidy, exceeds the amount corresponding to it, the amount of each individual aid shall be reduced proportionately, with a result to be processed of the aid requested within that period. However, such a sentence may not be produced where available resources are available in principle for other types of aid and the Administration decides to allocate them to the grant of those whose resources have been exhausted.

2. The granting of aid which is requested after the specific period referred to in the preceding number shall be subject to the existence of available resources after the aid requested has been granted within that period.

Art. 15. Applications for grants which are made from 1 February of each year shall be dealt with in a successive manner in accordance with the date of their submission, with each of them being given the grant of the grant of grants. the available resources have not been exhausted.

Art. 16. Resources which may be left over after the application of the provisions of Article 14 may be used for the granting of aid of any kind where the volume of applications for the various types of aid so justifies. and the other concurrent circumstances, not being in this case application the provisions of Article 12.

CHAPTER II

Rules concerning the granting of each of the different types of grants

SECTION 1. GRANTS AIMED AT ENCOURAGING THE CONCENTRATION OF UNDERTAKINGS ENGAGED IN OR MARKETING TRANSPORT

Art. 17. The aid provided for in this Section is intended to encourage the concentration of the following companies:

(a) The associated carriers and worker cooperatives that are holders of public transport authorizations for heavy goods vehicles with their own traction capacity, including those of class T.D.

(b) The cooperatives of carriers and marketing companies in which holders of authorisations of the classes referred to in the preceding paragraph are integrated.

(c) the complete freight and freight forwarding agencies, which are the holders of the relevant authorisations for at least one year of seniority.

Art. 18. The processes of concentration of undertakings which may give rise to the granting of the aid referred to in this Section shall be as follows:

The constitution of worker cooperatives or the substantial increase of their members.

The constitution of cooperatives of carriers or of marketing companies or the substantial increase of their members.

Mergers of worker cooperatives, of cooperative of carriers or of marketing companies.

The creation of second-degree cooperatives.

The absorption by a Company, whether natural or legal person, of another or others, by means of the corresponding incorporation or transfer of its patrimony and authorizations of transport.

The merger of several companies, whether they are natural or legal persons, in a newly created Society, through the transfer to the same of their respective assets and transport authorizations.

The creation of economic interest groups.

The transformation of the carriers ' cooperatives, of the marketing companies or of the economic interest groups into worker cooperatives or of the carriers that are the holders of the Transport authorizations to be carried out.

Any other legal formula that would result in the permanent concentration of companies.

Art. 19. 1. In order to carry out studies on the feasibility of the processes of concentration of enterprises, as well as on improving the management and productivity of individual companies, grants may be awarded covering up to 90 per 100 of the cost of those, with a maximum amount of 5,000,000 pesetas.

2. The corresponding request for a grant must be accompanied by the budget and description of the work to be carried out by the Company to be prepared for the study, as well as an explanatory and supporting memory of the concentration is intended.

3. For the granting of such aid and the determination of its amount, it shall be taken into account: the reasonable nature of the concentration pursued, its volume and characteristics, the guarantees which exist on its actual performance, the concurrent circumstances in the undertaking to be carried out by the study and the other elements which, where appropriate, may have a significant impact on the usefulness of the concentration or the appropriateness of carrying out the study.

Art. 20. The fees of Letters, Notaries and Registrars, as well as the costs of printing Memories, newsletters and titles, advertising, commissions and other expenses may be subsidised up to 100 per 100, provided that all of them are necessary, including the tax charges for any public Entes in respect of which there is no exemption, and which are caused as a result of the processes of concentration of undertakings referred to in Article 18.

Art. 21. Where the concentration is carried out by the full integration of the undertakings concentrated on a legal person holding the relevant authorisations, this aid may be granted to finance its initial investment and expenditure, according to the following rules:

(a) The maximum amount of the grant may be up to 30 per 100 of the difference between the sum of the Company's own resources resulting from the concentration and the investment made with foreign funding and the resources of the Company of the concentrated that had it the most. In any event, the total amount of the subsidy shall not exceed 100 million pesetas.

(b) The aid shall be used for the purchase or lease, extension or improvement of land, buildings, transport equipment with the corresponding quota authorisations; technical installations, machinery, tools or other assets that are necessary for the proper exercise of the activity.

Such aid may also be used for the payment of salaries for new additional personnel, provided that the latter performs management, marketing or technical support functions, which are more effective in general action of the Company resulting from the concentration.

(c) Grants may be up to 50 per 100 of the total investment and expenditure incurred in the items referred to in the preceding paragraph, with the overall limits for all those provided for in the paragraph (a).

Art. 22. In the event that the concentrated companies maintain their own personality, the concentration will be realized through the creation of marketing companies, cooperatives of hauliers, economic interest groups or other formulas. The aid scheme for the financing of its initial investment and expenditure will be as follows:

(a) You may be eligible for up to 50 per 100 of the salary of the Manager during the first year.

(b) The costs of the acquisition of land and buildings necessary for the exercise of the activity may be subsidised up to 5 per 100.

(c) The costs relating to the first year of leasing of land or buildings, as well as the acquisition or leasing of technical installations, machinery, tools or other assets that are necessary for the exercise of the activity, may be subsidised up to 50 per 100.

d) The aid provided for in the preceding paragraphs shall be 30% of the sum of the own resources of the Marketing Company, the cooperative of carriers or the economic interest group and the investment made with foreign funding. In any event, such aid may not exceed 75,000,000 pesetas for the same project.

Art. 23. 1. The applicants for the aid provided for in Articles 20, 21 and 22 must accompany the application, in addition to the general documentation required in accordance with the provisions of Section 1, an explanatory and supporting report on the draft concentration in which the following ends must be stated:

a) Identification, characteristics and radication of the companies that are concentrated.

b) Legal form adopted for the concentration.

(c) The number and scope of the ownership transport authorizations of the companies that are concentrated.

d) Description, characteristics and radication of the Company resulting from the concentration, with special reference to its economic parameters.

e) Material and human means of the Company resulting from the concentration.

f) Market in which to act and forecasts in relation to it.

g) Forecasts on investments, their cost and their financing.

h) Forecasts about carriers with stable collaboration.

i) Cost reductions that, if any, the concentration allows.

j) Form of operating of the Company resulting from the concentration and services of any kind that are provided.

k) Improvements in the efficiency of the transport that the concentration entails.

(l) Investments and specific expenditure for the financing of which the grant is requested.

m) How many other aspects are relevant to the explanation and justification of the concentration project.

2. The justification of the data included in the previous number may be carried out in accordance with Article 2.3, and the Administration may obtain the additional information it deems necessary.

Art. 24. 1. For the granting of the aid referred to in Articles 20, 21 and 22, and the determination of their amount, account shall be taken in particular of the degree of integration which the legal formula used for the concentration involves and the volume of of the own resources of the companies concerned.

The following aspects will also be weighted:

The economic viability of the concentration.

The guarantees that exist regarding the fulfillment of the forecasts of the submitted project.

The planned investment plan.

The estimated volume of the transport to be performed.

The improvement that the concentration implies in relation to the previous operation of the companies that are concentrated.

The number of self-employed carriers and small businesses that are integrated.

The location of companies in different points of the national territory.

The background, characteristics and technical and human equipment of the companies.

The complementary services to be provided.

The territorial scope of the entitlements of the companies participating in the concentration.

The other concurrent circumstances that may have a significant impact on the usefulness of the concentration, especially as regards its virtuality for the creation of a transport network, the (i) the reduction of the cost of transport, the reduction of prices on purchases and, in general, the reduction of transport costs, the improvement of their quality and the greater efficiency of transport.

2. The granting of the aid provided for in Articles 20, 21 and 22 shall be conditional on the undertakings which are concentrating on their whole at least 5 per 100 of the quantitatively limited grant authorizations which the previously owned, making delivery of the corresponding cards to the Administration.

As compensation, the Administration will be able to grant up to 900,000 pesetas for national-level authorization to be waived. This amount shall be 600 000 pesetas in the case of authorizations with a regional or regional level that are the main purpose of the transformation of these.

The amounts provided for in the preceding paragraph, if requested by the undertakings concentrated, may be increased to 1 000 000 and 1 000 000 pesetas, respectively, where it is justified that the aid has been allocated to the acquisition of authorizations of the same scope transferred by other carriers. In such a case, the Administration may choose to grant directly to the undertaking resulting from the concentration authorisations from those to which hauliers over the age of 60 years referred to in the The following Article shall not be made in such a case.

SECTION 2.

AID TO OLDER CARRIERS WHO LEAVE THE ACTIVITY

Art. 25. Grants may be awarded to self-employed hauliers who give up all the authorisations of the classes referred to in the following paragraph (b) of which they are the holders.

The maximum amount of such aid shall be, for each national authorisation to which it is waived, of 2 000 000 pesetas, plus 500 000 pesetas for every six months in which the carrier concerned is missing to meet the age of sixty-five years. In the case of regional or regional authorizations, the above amounts shall be 1,500,000 and 400,000 pesetas, respectively.

The granting of these aids will be conditional upon compliance with the following requirements:

(a) The beneficiaries must be natural persons with sixty or more years of age, who have made headlines for at least 15 years prior to any transport authorisation, unless the authorisation has been obtained by virtue of the (a) the order of 19 June 1984 on the standardisation of situations, in which case the time when services have been provided in goods transport undertakings in the Member States shall be taken into account in the calculation of the abovementioned 15 years. conditions laid down in that Order.

(b) Those beneficiaries shall be holders of at most two public transport authorisations for heavy goods vehicles with their own traction capacity, including those of class T.D., and shall leave the the activity of public transport of goods by road in its own name, committing itself to return the aid obtained and the corresponding interest in the event of re-initiation.

(c) Authorisations whose renunciation of such aid is to be waived, must be of the classes referred to in the preceding paragraph, of national or regional level, or of autonomy from other countries at national or regional level; (a) the provisions of this Directive shall apply to all Member States of the European Community.

(d) The scrapping of a heavy vehicle with a transport authorisation of any scope shall be justified, for each authorisation whose waiver of entitlement to the relevant aid.

In the granting of these aids, the greatest age of the carriers that request them will be weighted as merit.

SECTION 3. AID TO IMPROVE THE VOCATIONAL TRAINING OF CARRIERS AND WORKERS IN THE TRANSPORT SECTOR

Art. 26. 1. Grants may be awarded to entities carrying out training or training courses for freight or passenger carriers, employers of ancillary and complementary road transport activities and workers in the transport sector.

Aid may cover up to 80 per 100 of the cost of the courses, with a maximum total limit of 10,000,000 pesetas for each course.

2. The application for a grant must be accompanied by a description of the content of the courses and their addressees, as well as an explanatory and explanatory memorandum of their convenience, specifying whether they are intended for persons already integrated into the (a) the transport sector by road or is an applicant to be incorporated.

For the granting of these aids, the adequacy of the courses will be weighted mainly to the training needs existing at each moment, as well as the degree of linkage of the organizing entity to the sector of the Road transport.

SECTION 4. AID FOR THE CREATION OF MARKETING NETWORKS AND FOR THE INTEGRATION INTO THE SAME OF HAULIERS IN A STABLE WAY

Art. 27. 1. Full charge transport agencies and freight forwarders who carry out transport contracts to carry out this on an ongoing basis for the minimum period of one year may be beneficiaries of the subsidies covered by this Article. such that the integration of carriers in a transport network occurs. Such carriers shall be holders of public transport authorisations for heavy goods vehicles with their own traction capacity, including those of the T.D. class.

For the purposes of this article only contracts that assume at least 30,000 kilometers per year per vehicle will be taken into account.

Contracts with carriers from other States of the European Economic Community will have the same treatment, for the purposes of this aid, as those with Spanish hauliers.

2. The aid may not exceed 300 000 pesetas for each vehicle used within the stable partnership relationship, without in any case being able to grant to the same company more than 30,000,000 pesetas in the same year. The quantities granted shall be used to cover the costs of the contr.

atation of new personnel carrying out management, marketing or technical support functions and the acquisition or leasing of land, buildings, technical installations, machinery or tools necessary for the exercise of the marketing activity.

3. Account shall be taken only for the granting of these grants for new vehicles for which a continuous relationship is contracted and which increase the situation in the previous situation.

For the estimation of the number of new vehicles for the year in which this aid is first applied for, the continued relationship contracts up to a volume of 20 per 100 of the total transport shall be exempted. invoiced the applicant company, with only those exceeding the limit referred to. Where the same undertaking which carries out the activity of an agency or a freight forwarder carries out transport with its own means, they shall be counted for the purpose of determining the total transport carried out.

The above percentage of 20 per 100 may be modified by the Directorate General of Land Transport for specific cases where exceptional circumstances warrant it.

4. For the grant or refusal of the grant and the determination of the amount of the grant, account shall be taken of those circumstances which justify the fact that the contracts for a stable relationship are due to the establishment by the agency or a new transport network, increasing the volume or efficiency of a pre-existing network or incorporating it into the network.

The following aspects shall also be considered for such a grant and determination:

The volume of transport and billing that these contracts ensure for each of the carriers that subscribe to them.

The number of heavy vehicles, of different carriers, in relation to which the agency or freight forwarder has stable relationship contracts.

The increase, compared to the previous year, of the number of heavy vehicles with which the agency or freight forwarder had a stable relationship.

The inclusion in the contract of the carrying out of cargo or closed circuits.

5. In order to obtain these grants, beneficiaries may choose one of the following alternatives:

(a) Apply for the grant on a prior basis, depending on the contracts of stable collaboration to be carried out during the following year.

In this case, the petitioner must submit, together with the application, original or certified copy of the corresponding contracts and undertake to return the quantities obtained in the case of failure to submit within the 15 months the documentary evidence of the effective performance of such contracts in the amount corresponding to the broken part plus the corresponding interest.

Such a commitment shall be guaranteed by bank or financial institution or by law legally recognised for the total amount of the grant awarded to the Director-General of Transport Land, which will be returned as soon as possible to justify the fulfilment of the forecasts of stable contracting and the realization of the expenditure to whose financing the subsidy is directed.

(b) To request the payment of the grant a posteriori, presenting, together with the application, the justification for the effective performance of the corresponding contracts during the previous year.

6. The application for a grant shall be accompanied by an explanatory note of the conditions under which the agency or freight forwarder uses the stable cooperation of the carriers in respect of which it is requested, as well as the documentation which considers that it can provide the Administration with the assessment of the circumstances and aspects identified in the previous number 4.

SECTION 5. AID FOR THE PERFORMANCE OF MUTUAL GUARANTEE COMPANIES WHICH SUPPORT THE LENDING OPERATIONS OF GOODS TRANSPORT UNDERTAKINGS AND ANCILLARY AND ANCILLARY ACTIVITIES

Art. 28. 1. The aid covered by this Section will be granted on the basis of the guarantees provided by the mutual guarantee companies to holders of public transport authorisations for goods by road and ancillary and complementary activities. of the same for the carrying out of financial operations of capital or circulating, such as loans, financial leases, guarantees to suppliers, or other similar to the acquisition or improvement of premises, facilities, substitution of vehicles or other assets engaged in the activity of transport.

2. Undertakings receiving such aid may not have more than five transport vehicles.

3. Aid for guarantees relating to the acquisition or improvement of assets other than vehicles shall take precedence over those relating to vehicles which may be granted only in the case of the purchase of a vehicle. to replace another with an age of more than eight years or which has been destroyed by accident or similar cause.

Art. 29. The aid to be granted shall be as follows:

(a) In relation to the contributions to be made to the funds of the Reciprocal Guarantee Societies, the contribution of the Administration may be up to 5 per 100 of the nominal amount of the principal of the operation of the in question.

Upon completion of the operation, the legal surplus of the corresponding contribution may be maintained by the Mutual Guarantee Company in a special account other than the guarantee fund for a maximum period of six months, the purpose of the purpose of this paragraph is to be used for the purposes set out in this paragraph and in subsequent operations. After six months after the completion of the operation without the legal surplus of the public contribution has been destined to guarantee new concrete operations, the same will revert to the Administration, which will direct it to the purposes referred to in this Order.

(b) In respect of the membership fees for Reciprocal Guarantee companies, the Administration's contribution may be up to a maximum of 0,5 per 100 of the nominal amount of the financial transaction whose endorsement is such as to affiliation.

In the event that such a fee is reintegrated upon completion of the transaction, the corresponding amount may be maintained by the Mutual Guarantee Company in a special account other than the guarantee fund in order to be intended for the purposes specified in the preceding subparagraph of this paragraph or referred to in paragraph (a) above in successive operations. After six months from the completion of the operation without the corresponding amount being intended for the purposes expressed, the same shall revert to the Administration, which shall direct it for the purposes referred to in this Order.

(c) In relation to the cost of the guarantee, the administration's contribution may be up to 3 per 100 of the nominal amount of the principal of the operation being approved. Such contribution, irrespective of whether the cost is divisible in annuities, shall be made in a unitary manner at the beginning of the operation.

(d) With regard to the costs of studying and processing the corresponding endorsements, the contribution of the Administration shall have a maximum amount of 0,5 per 100 of the principal of the operation endorsed.

Art. 30. The effective payment of the aid referred to in the previous Article may be made directly to the Reciprocal Guarantee Companies with whom the beneficiaries of the aid form the guarantee operations. Such mutual guarantee companies must be registered in the special register existing for this purpose in the Banco de España.

Art. 31. The application for granting such aid shall be accompanied by a justification for the implementation of the financial operation intended to be endorsed, as well as for the formalisation of the guarantee.

When the operation to be approved relates to the acquisition of premises, installations or other assets, other than the transport elements, the source of the transport must be justified in the relevant file acquisition according to the needs of the Company as well as the effective attachment of the same to the business activity.

Single additional disposition.

When the volume of applications in respect of the amount of the budget appropriation is provided for by the Directorate-General for Land Transport, the existence of surplus resources may be granted in respect of the Sections 1. and 4. Chapter II, even if the carriers are holders of public transport authorisations for goods for light vehicles. In that case, the aid provided for in Article 25 may also be granted to carriers of passengers who fulfil the conditions and conditions laid down therein.

Single transient arrangement.

During the financial year 1993, the specific time limit for the submission of applications to be dealt with as a matter of priority, as laid down in Articles 9 and 14, shall be between the date of This order entered into force on 15 June 1993.

Final disposition first.

The Director General of Land Transport is empowered to make the necessary resolutions for the application of this Order, as well as to resolve the specific doubts that arise in relation to the Order.

Final disposition second.

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

Madrid, April 26, 1993.

BORRELL FONTELLES

Ilmos. Mr Secretary-General for Transport Services and Director General of Land Transport.