The General Budget Law is a fundamental rule in the area of Public Finance, since it contains the general principles of a permanent nature concerning the actions of the Government and the Administration, with respect to the rights and obligations of the economic nature of the State and the state public sector and the institutions and services of great relevance are regulated within the sphere of public finances, such as the Budget, the Public Treasury. Public Debt, Internal Financial Control and Public Accounting.

The new configuration of the State established by the Constitution, the extension of the scope of the General Budget of the State provided by Article 134 of our Law of Laws and the new budgetary techniques, have been, among others, the causes which have forced the introduction of major changes in the rules laid down by the Budget Law of 4 January 1977.

The principle of legal certainty proclaimed by Article 9, number three of the Spanish Constitution, advises the promulgation of a recast text of the General Budget Law. This was understood by the Government and the General Cortes by proposing and approving, respectively, the final provision of the third of Law 21/1986 of 23 December 1987 on the General Budget of the State for 1987, in which it was available: ' Government to draw up, by 30 September 1987, a recast of the General Budget Law of 4 January 1977, which will be incorporated, with the authorization to regularise, update and harmonise the existing legal provisions of the permanent nature in the field of budgetary management contained in the annual laws of Budgets after the entry into force of the said General Budget Law ".

Based on the autonization contained in the transcribed provision, the competent services of the Ministry of Economy and Finance produced a preliminary draft of the recast text, which was forwarded to the required report of the Council of State. And in the opinion which the High Advisory Body issued on 24 September 1987, inter alia, the following was stated: " Certainly the work that has been carried out as soon as it assumes and presents the update of the General Law Budgetary in the terms in which it really is raised, it reveals a meritorious effort. But by exceeding the limits of the habilitation, given the rigour with which it is by its own nature of mandate it must be fulfilled, it places the question in the dilemma of, or, to exclude from the text drafted everything that has been incorporated to it and does not come from provisions contained in the annual budget laws after 4 January 1977, or obtain from the General Corles a new rating which, when it comes to the understanding of its scope as soon as it is necessary for the update can have the scope it requires, allow it to give to this of the legal cover that now lacks ".

finally, the Government opted for the second of the solutions envisaged in the opinion of the State Council and included in the Draft Budget Law for the 1988 financial year a new rating, which has been approved by the General Courts as the final provision of Law 33/1987 of 23 December. In the case of the Federal Republic of the Republic of Spain, the Commission has decided to grant the aid to the Government of the Member States for the purposes of Article 3 (1) of the Treaty. In the case of the General Budget of the State for 1987, extending to the amendments introduced in this Law, the adaptation of the new text recast to the Constitution and the Layes were promulgated after 4 January 1977. "

And according to the previously transcribed provisions this recast text of the General Budget Law is produced.

In its virtue, on the proposal of the Minister of Economy and Finance, heard by the Council of State and after deliberation by the Council of Ministers, at its meeting on 23 September 1988,

DISPONGO:

Single item.

The recast text of Law 11/1977 of 4 January, General Budget, which is inserted below, is approved.

RECAST TEXT OF GENERAL BUDGET LAW

PRELIMINARY TITLE

General principles

Article 1. °

1. The administration and accounting of the Public Finance is regulated by this Law, by the special laws in the matter and by the precepts that contain the Law of General State Budgets in each exercise and during its validity.

2. The other rules of administrative law and, in the absence thereof, those of common law shall be of a nature.

Art. 2. °

The Public Finance, for the purposes of this Law, is constituted by the set of rights and obligations of economic content whose ownership corresponds to the State or its autonomous organizations.

Art. 3. °

The administration of the public treasury will fulfill the economic obligations of the state and its autonomous organizations. through the management and implementation of its existence in accordance with the provisions of the legal system and, in addition, will promote the proper functioning of the financial and monetary systems, in accordance with the economic policy measures to be established.

Art. 4. °

1. Autonomous State Bodies are classified within the meaning of this Law as follows:

(a) Autonomous bodies of administrative nature and (b) Autonomous bodies of a commercial, industrial, financial or similar nature.

2. The autonomous agencies of the State shall be governed by the provisions of this Law, according to the former classification, and by the others that apply to them in matters not regulated by it.

Art. 5. °

Social Security will be regulated by your specific legislation. without further amendments than those laid down in Title VIII of this Law. The quotas, assets, rights, actions and resources of any other gender of the Social Security constitute a unique patrimony affected to its ends, distinct from the State Heritage.

Art. 6. °

1. They are State Societies for the purposes of this Law:

(a) Commercial companies in a capital city are majority, directly or indirectly, of the administration of the State or its self-governing bodies and other state entities governed by public law.

b) Public law entities. with legal personality, that by law they have to adjust their activities to the private legal system.

2. State Societies shall be governed by the rules of Commercial, Civil or Labour Law. except in the matters in which this Law applies to them.

3. The creation of the Companies referred to in point (a) of the preceding number and the acts of acquisition and loss of the majority position of the State or its Autonomous Bodies and Entities governed by public law shall be agreed by the Council of Ministers.

4. The management of the State Societies will be coordinated with the Administration of Public Finance in the terms provided for by this Law.

5. The rest of the state public sector Entes not included in this article or in the previous ones, will be governed by their specific regulations.

In any event, the provisions of this Law which expressly refer to them and, in an extra-legal manner, those relating to matters not governed by their specific rules shall apply to those Entes.

Art. 7. º

The following matters relating to Public Finance shall be regulated by Law:

(a) The General Budget of the State.

b) The establishment or reform of the taxes with and] prevented in the General Tax Law.

c) The granting of extraordinary credits and credit supplements for the expenses of the State and its autonomous agencies, as prevented by this Law.

(d) The regime of public debt and large economic and financial operations.

e) The regime of the State Heritage. National Heritage and State Contracting.

f) Currency coinage.

g) The general and special financial regime of the autonomous agencies of the State.

i) The regime for the procurement of financial obligations and the performance of expenses and other matters which, according to the laws, are to be regulated by the provisions of the expressed rank.

Art. 8. °

Corresponds to the Government in the subjects covered by this Law:

a) Approve the Regulations for their application.

b) The elaboration of the General Budget of the State.

(c) The presentation of bills involving an increase in public expenditure or a decrease in revenue for the same financial year.

d) Authorize expenses in the assumptions determined by this Law.

e) Determine the economic, financial and monetary policy guidelines of the State.

f) The other functions or competencies attributed to you by the Laws.

Art. 9. °

Corresponds to the Minister of Economy and Finance in the subjects covered by this Law:

(a) Propose to the Council of Ministers the provisions and agreements to be made pursuant to Article 8. of this Law, with the exception laid down in Article 10 (c).

b) To elaborate and submit to the approval of the Council of Ministers the preliminary draft of the Law of General Budget of the State, in the terms established in this Law.

(c) Dictate the provisions and resolutions that proceed in accordance with the relevant Laws in the matter referred to in Article 2. of this Law.

d) The administration, management and collection of the economic rights of the State Treasury, through the central and territorial organs of the Department.

e) Velar for the implementation of the General Budget of the State and for the fulfilment of the financial provisions.

f) Order all-payments from the Public Treasury.

g) Address the implementation of the financial and monetary policy approved by the Government and dictate the necessary provisions for this purpose.

h) The coordination of the Territorial Haciendas with the one of! State and, where appropriate, the financial control of those, within the limits provided for in the Constitution and the Laws.

i) The other functions or competencies attributed to you by the Laws.

Art. 10.

Within their respective competence and in the terms established by this Law. are functions of the organs. constitutional, ministerial departments and other bodies of the State with differentiated allocations in the general budget of the State:

a) Administer the appropriations for expenditure of the State Budget and its modifications.

b) Collapse economic obligations on behalf or on behalf of the State.

c) Authorize expenses that are not of the government's business and raise to the approval of the government those that are of their competence.

d) Propose the payment of the obligations to the Minister of Economy and Finance.

e) The others who entrust them with the Laws.

Art. 11.

These are the functions of the Autonomous Bodies of the State referred to in paragraph 1 of Article 4. of this Law, within the scope of their respective jurisdiction and in accordance with the provisions of the Law:

(a) The administration, management and collection of the economic rights of the Autonomous Body itself.

b) Authorize expenses and order payments according to the approved budget.

c) Develop the preliminary draft annual budgets of the autonomous body.

d) The others assigned to them by the Laws.

Art. 12.

In the management of economic rights of a public nature and in the fulfilment of all its obligations, the Public Finance enjoys the prerogatives recognized in the Laws.

Art. 13.

Public Treasury funds and securities will be integrated into the public treasury.

Art. 14.

The Administration of Public Finance is subject to the annual budget regime approved by the General Courts.

Art. 15.

Compliance with public expenditure and investment programs, whether general or sectoral, of a multi-annual term, shall be in accordance with the provisions of Article 61 of this Law and the limits, and other conditions that may be fulfilled. establish the annual State General Budget Law.

Art. 16.

1. The General Intervention of the State Administration shall exercise the functions provided for in Article 93 of this Law, with full autonomy in respect of the authorities and other Entities whose management is fiscalice.

2. The purpose of the financial function is to control all acts of the State Administration and its autonomous bodies, which give rise to the recognition of rights and obligations of economic content, as well as the revenue and they are derived, and the collection, investment or application in general of the public funds, in order to ensure that the administration of the Public Finance complies with the applicable provisions in each case.

Art. 17.

1. The financial control shall be exercised by the general intervention of the State Administration, in accordance with the provisions of each case, with respect to the services, autonomous bodies, Societies and other State public entities, whatever their name and legal form, in order to verify their functioning in the economic-financial aspect and in accordance with the provisions and guidelines governing them. This function may be exercised on a permanent basis.

2. The mandatory effectiveness control shall be exercised by analysis of the cost of operation and the performance or usefulness of the respective services or investments, as well as the achievement of the objectives of the relevant programmes.

3. The General Intervention of the State Administration shall draw up an annual audit plan in which the total of the subjects referred to in number 1 of this Article shall be included.

Art. 18.

As regards commercial companies, companies, entities and individuals on the basis of current grants, credits, guarantees and other aid from the State or its autonomous bodies, or otherwise granted under the General budgets of the State, financial control may be exercised in the form that has been established or established in each case, regardless of the financial functions that are governed by this Law.

Art. 19.

Public Finance is subject to the accounting system, both to reflect all types of operations and results-two of its activities, and to provide data and information in general that are necessary for the development of their functions.

Art. 20.

The Court of Auditors is responsible for exercising the functions provided for in the Constitution and in its Organic Law and other laws governing its jurisdiction.

Art. 21.

The authorities and officials in general who, with their acts or omissions and through doling, guilt or negligence, harm the public finances, will incur the civil responsibilities. Criminal or disciplinary action in each case.

TITLE FIRST

From the Public Finance Scheme

CHAPTER FIRST

The Rights of Public Finance

Art. 22.

They are the economic rights of the Public Finance and they are the same as:

(a) Taxes, classified in taxes, special contributions, fees and parafiscal charges.

(b) Returns from their assets.

c) Public Debt operations products.

d) Other resources to be obtained by the Public Finance.

Art. 23.

The resources of the State Treasury and of each of its autonomous organizations are intended to satisfy all of their respective obligations. unless it is established by a law for its affectation to certain purposes.

Art. 24.

1. The administration of the resources of the Public Finance corresponds, according to its ownership, to the Ministry of Economy and Finance or to the Autonomous Bodies, with the control that this Law establishes.

2. The persons or entities entrusted with the administration of economic rights of the Public Finance shall be dependent on the Ministry of Economy and Finance or the corresponding Autonomous Body in respect of their management, delivery or application. and the surrender of the respective accounts.

Art. 25.

Officials, Entities or individuals who manage or keep funds or securities of a public nature in the amount and form that determine the regulatory provisions shall be required to provide bail.

Art. 26.

1. The management of the taxes shall be in accordance with the provisions of the General Tax Law and the other applicable laws.

2. It will be up to the Tax Inspectorate to check and investigate the alleged facts, to definitively integrate the taxable bases and the other functions that the General Tax Law determines.

Art. 27.

1. The management of assets and their income, both in the State and in their autonomous bodies. accommodate the provisions of the applicable laws in each case.

2. The interests of the State and its autonomous organizations in the capital of the commercial companies are part of their respective assets.

Art. 28.

Public Debt is the capital taken out on loan by the State or its autonomous bodies. The creation, administration, conversion and extinction, as well as the prescription of the capitals and their Interests, shall be governed by the provisions of this Law.

Art. 29.

1. The contributions to the State or its autonomous bodies, the income of the coin, the National Lottery and the tax monopolies, the public expenditure refunds, the remains of the Treasury from the liquidation of the budgets and other economic rights of the Public Finance shall be governed by the special provisions of application to each of them, without prejudice to the provisions of this Law.

2. They are goods abandoned by the holder and, as such, belonging to the State, the securities, money and other movable property constituted in a deposit, voluntary or necessary, in all kinds of credit companies or financial institutions, in respect of the which, and within 20 years, no management has been carried out by the parties involved in the exercise of their right of ownership. This same regime applies to the balances of current accounts opened in those institutions or entities.

Art. 30.

1. The economic rights of the Public Finance outside the cases regulated by the Laws may not be used, taxed or leased.

2. Nor will exemptions, pardons, rebates, or moratoriums be granted in the payment of the rights to the Public Finance, but in the cases and in the form that the Laws determine.

Art. 31.

For the collection of taxes and the amounts that as a revenue of public law must be collected, the Public Finance will hold the prerogatives established legally and will act, if appropriate, in accordance with the procedures corresponding administrative.

Art. 32.

1. For the purposes set out in the previous article, the State Treasury shall enjoy the prerogatives governed by Articles 71, 73, 74 and 75 of the General Tax Law.

2. The same rights are granted to the autonomous agencies of the State, except when they are present with the State Treasury.

Art. 33.

The accrediting certificates of the discovery to the Public Finance of the debts corresponding to the rights referred to in Article 31 of this Law, issued by the competent officials, according to the Regulations, will have the strength and effectiveness of Article 129 of the General Tax Law.

Art. 34.

1. In no case may the administrative procedures for aaward by virtue of resources brought by the interested parties be suspended if the payment of the debit is not made, its amount is entered or is guaranteed in the form of regulations set.

2. If, in respect of such proceedings, complaints are lodged with regard to third-party claims or other actions of a civil nature for a person which no liability has for the public finances under its own or transmitted obligation or management, suspend such proceedings only in the party which relates to the goods or rights at issue, by making such an incident on the administrative basis as before the court.

When the complaint is denied in the administrative way, the award procedure will continue, unless the execution can result in damages of impossible or difficult repair, in which case the Public Administration the suspension of the suspension may be agreed upon, subject to the adoption of the regulatory measures for the insurance of the respective claims.

3. The award procedure may also be suspended without the requirements laid down in Article 1 of this Article, if the person concerned shows that there has been material or arithmetic error in the determination of the tax liability which requires you.

Art. 35.

The effectiveness of the rights of the Public Finance not included in Article 31 of this Law will be carried out in accordance with the rules and procedures of private law.

Art. 36.

1. The amounts due to the public treasury shall be interest for late payment from the day following that of its maturity. This section includes the amounts collected through the collaborating entities, the restricted accounts, the liquidating offices, and other collecting entities on behalf of the Public Finance that are not admitted by those Entities in the Treasury within the deadlines set.

2. The interest of late payment shall be the legal interest of the money in force on the day of the expiry of the period specified in the preceding number, without prejudice to the provisions of special laws.

Art. 37.

Acts and contracts made to the detriment of the Public Finance by those who are liable to it shall be terminated in accordance with the provisions of common law.

Art. 38.

The representation and defense of the Public Finance before the Courts and Courts will correspond to the State Attorneys and other Letrados integrated in the State Legal Services. Directorate-General of the Legal Service of the State, as provided for in Article 447 of the Organic Law 6/1985. of 1 July, of the Judiciary, and in accordance with the provisions of its Organic Statute and other provisions governing the performance in judgment.

Art. 39.

There will be no judicial or extrajudicial compromise on the rights of the Public Finance, nor will it be possible to submit to arbitration the races that arise with respect to them, but through Royal Decree agreed upon in the Council of Ministers, prior to the hearing of the full State.

Art. 40.

1. With the exception of the regulatory laws of the various resources, the right of public finance shall be prescribed at five years:

(a) To recognize or liquidate credits in your favor, by counting the term from the day when the right was able to be exercised.

(b) The recovery of recognised or settled claims, from the date of their notification, or, if this is not required, from their due date.

2. The prescription of the rights of the Public Finance shall be interrupted in accordance with Article 66 of the General Tax Law and shall be applied ex officio. -

Art. 41.

1. The rights of the Public Finance declared prescribed shall be low in the respective accounts, subject to the processing of the appropriate file.

2. The declaration and requirement of the responsibilities to which, where appropriate, the limitation of the prescription of the appropriations of the Public Finance shall be in accordance with the provisions of Title VII of this Law.

3. The Ministry of Economy and Finance is authorised to have the non-liquidation or, where appropriate, the cancellation and the discharge in respect of all the liquidations of which the debts are lower than the amount which it considers and establishes as insufficient to cover the cost of their levy and collection.

CHAPTER II

The obligations of the Public Finance

Art. 42.

The economic obligations of the State and its autonomous organizations are born of the Law, of the legal businesses and of the acts or acts that, according to the law, generate them.

Art. 43.

1. Payment obligations are only payable by the Public Finance when they result from the execution of the General Budget of the State, in accordance with Article 60 of this Law, of a final judgment of the Court of Justice or of the Legal-minded treasury.

2. If such obligations are due to benefits or services to the Public Administration, the payment may not be made if the creditor has not fulfilled or guaranteed his or her law.

Art. 44.

1. The Courts, Judges and Administrative Authorities shall not be able to issue any implementing commandments or to provide for any embargo against the rights, funds, securities and goods in general of the Public Finance.

2. Compliance with judicial decisions determining obligations under the responsibility of the State or its autonomous bodies shall be the sole responsibility of the Administrative Authority which is competent for the matter, without prejudice to the possibility of urging, where appropriate, other modalities of implementation in accordance with the Constitution and the Laws.

3. The administrative authority responsible for compliance shall agree to the payment in the form and with the limits of the respective budget. If an extraordinary credit or a credit supplement is necessary for the payment, the General Courts shall be requested one or the other within three months of the day of notification of the judgment.

Art. 45.

If the Administration does not pay the creditor of the Public Finance within three months of the day of notification of the judgment or of the recognition of the obligation, it shall pay him the interest indicated in the Article 36, paragraph 2, of this Law, on the amount due, since the creditor claims in writing the fulfilment of the obligation.

Art. 46.

1. Except as laid down by special laws, they shall prescribe at five years:

(a) The right to the recognition or liquidation by the Public Finance of any obligation that has not been requested with the presentation of the supporting documents. The time limit shall be counted from the date on which the service or the determining performance of the obligation was concluded.

(b) The right to demand the payment of obligations already recognised or settled, if it is not claimed by the legitimate creditors or their successors. The period shall be counted from the date of notification of the recognition or settlement of the respective obligation.

2. With the expressed caveat in favor of Special Laws, the prescription will be interrupted in accordance with the provisions of the Civil Code.

Art. 47.

The obligations under the Public Finance that have been prescribed will be low in the respective accounts, subject to the processing of the appropriate file.

TITLE II

From Budgets

CHAPTER FIRST

State General Budget

Section first.

Content and Approval

Art. 48.

1. The General Budget of the State constitutes the encrypted, joint and systematic expression of:

(a) The obligations which, at most, may be recognised by the States and their autonomous bodies and the rights to be paid during the relevant financial year.

(b) All of the obligations to be met by the social security system, both under its general scheme and in its special arrangements, and the resources provided for the corresponding financial year.

c) The estimates of expenditure and revenue to be made by State Societies.

(d) All expenses and revenues of the other State Public Sector Entes referred to in Article 6 (5) of this Law.

2. In the General Budget of the State, the amount of tax benefits affecting State taxes shall be entered in an orderly and systematic manner.

Art. 49.

The financial year shall coincide with the calendar year and shall be charged to the calendar year:

a) The rights settled during the same period, whatever the period of their results, and

(b) The obligations recognised until the end of December of the relevant financial year, provided that they correspond to acquisitions, works, services, services, benefits or expenses in general, carried out within and under the respective appropriations.

Art. 50.

Make up the General Budget of the State:

(a) The budget of the State and the budgets of the Autonomous Bodies referred to in Article 4 of this Law, with the detailed requirements of this Law.

b) The Social Security budget.

c) The budgets of state corporations.

d) The budgets of the remaining State Public Sector Entes referred to in Article 6 (5) of this Law.

Art. 51.

The General Budget of the State will contain:

(a) The states of expenditure in which the appropriations necessary to meet the obligations shall be included, with due specification.

In these states the allocation to the Interterritorial Compensation Fund will be specified.

(b) The income statements in which the estimates of the various economic rights to be settled in the financial year are included.

c) The financial statements of state corporations.

Art. 52.

1. The structure of the General Budget! State shall be determined by the Ministry of Economy and Finance, taking into account the organization of the State, its autonomous organizations and other entities in the state public sector, the economic nature of the income and expenses and the purposes or objectives that you intend to achieve with the latter.

2. The heads of the ministerial departments will be responsible for developing the budgetary structure of the public entities and autonomous bodies of them. according to its characteristics, but adapting to the one that is established for the public sector.

3. The budgets of the local entities will be adapted to the structure that, in general, will be established for the Public Sector by the Ministry of Economy and Finance, without prejudice to the peculiarities of those.

4. The budgets of the Autonomous Communities will be drawn up-two with homogeneous criteria in such a way as to enable them to be consolidated with the General Budget of the State.

Art. 53.

For the purposes set out in the previous article, the following rules are set:

First: The expenditure states of the State General Budget shall apply the organic classifications. disaggregated functional in programs and economics:

a) The organic classification will group the credits for expenses for each service.

b) The functional classification will group the credits according to the nature of the activities to be performed.

(c) The Constitutional organs, the ministerial departments, the other organs of the State with differentiated allocations in the General Budget of the State and the Autonomous Bodies shall establish. in agreement with the Ministry of Economy and Finance, a system of objectives that will serve as a framework for its budgetary management, and, in accordance with them, the appropriations for programmes will be classified.

(d) Current expenditure and expenditure shall be presented with separation. of capital, and its economic classification shall be governed by the following criteria:

1. Appropriations for current expenditure shall be distinguished from the operation of services, financial expenditure and current transfers,

2. Capital expenditure credits shall be distinguished from real investments, as well as capital transfers and changes in financial assets and liabilities.

Second: The state of revenue from the State budget will be prepared by the Ministry of Economy and Finance. According to the corresponding evaluation techniques and the system of taxes and other duties that will be applicable in the the respective exercise.

Art. 54.

The procedure for drawing up the General Budget of the State will accommodate the following rules:

First: Constitutional bodies, ministerial departments and other state bodies with differentiated allocations in the general budget of the State will be sent to the Ministry of Economy and Finance before the end of the day. 1 May of each year, their corresponding states of expenditure, duly documented and adjusted to the laws that are applicable and to the guidelines approved by the Government.

Similarly, the ministerial departments will send to the Ministry of Economy and Finance the states of income and expenditure of the autonomous organizations assigned to them, forming a single budget for each Agency, which comprise all the activities, operations and services to be carried out by virtue of the tasks assigned to them, and shall not have any initial deficit or appropriations for permanent obligations exceeding the amount of their duties; Ordinary income.

addition, the Ministry of Labor and Social Security, the state companies, and the rest of the State Public Sector Entes will forward their preliminary draft budgets to the Ministry of Economy and Finance. in accordance with the provisions of Articles 50 and 148 of this Law.

Second: Based on the. The Ministry of Economy and Finance will submit to the Government agreement and the preliminary draft Law of the European Parliament on the draft budget for the next financial year, the Ministry of Economy and Finance. General State budgets, with the separation of the states of income and expenses corresponding to the State, Autonomous Bodies and other entities belonging to the State Public Sector.

Third: As documentation annexed to the preliminary draft of the State General Budget Law, they will be submitted to the Government:

a) The consolidated account of budgets.

(b) The explanatory statements of the contents of each of them and of the main changes they make in relation to the budgets in force, which will be accompanied by an advance of the degree of compliance of the objectives of the current exercise.

c) The settlement of the previous year's budgets and an advance of that of the current year.

d) The consolidated budget of the Public Sector. and

e) An economic and financial report.

Fourth: The Ministry of Economy and Finance will incorporate into the budgets an annex to the public investment programs and projects, which will include their territorial classification.

Art. 55.

The draft of the State General Budget Law, with the accompanying documentation listing the third and fourth rules of Article 54 of this Law, will be sent to the Congress of Deputies before October 1 of the year, for approval. amendment or return by the General Courts.

Art. 56.

1. If the Budget Law is not adopted before the first day of the relevant financial year, the budgets for the preceding financial year shall be automatically considered to be carried over until the approval and publication of the new financial year in the Bulletin State Officer. "

2. The extension shall not affect the appropriations for expenditure relating to services or programmes to be completed in the financial year for which the budgets are extended.

Art. 57.

1. At the service of the budgetary policy of economic and social conjuncture there will be, among others, the following means:

(a) A short-term credit to be included in the State Budget for investment programs, and

(b) Unavailability up to 10 per 100 of the appropriations for capital operations contained in the State Budget and the autonomous bodies of the respective financial year.

2. When in the short-term credit, included in the State Budget, the investment programmes to be carried out are specified. The Government, on the proposal of the Minister of Economy and Finance, may have the same if the economic situation so requires. For this purpose, the transfers from the budget section to qe shall be carried out in accordance with the programme.

3. In the event that the budget does not include the aforementioned programs or it is considered appropriate to modify the ones already approved, the government will have to submit to the Congress of Deputies a bill that will authorize its use and concretize the investments to perform, accompanied by an explanatory memory of the circumstances that warrant it.

4. The agreements referred to in paragraph (b) of this Article and the specifications to be made in accordance with the number 3 of this Article. shall be the government, on a proposal from the Minister for Economic Affairs and Finance.

5. The Government shall annually account to the General Cortes of the application of the short-term credit.

Art. 58.

1. The settled rights and the recognized obligations shall apply to the budgets for their full amount, it is prohibited to attend obligations by minorating the rights to liquidate or already entered, except that the Law authorizes it in a way express.

2. Revenue returns which are declared as undue by the Court or the competent authority are exempted from the foregoing.

3. For the purposes of this Article, the resulting amount shall be understood after applying the exemptions and allowances which are derived and which shall be subject to independent accounting.

Section 2

Credits and their modifications

Art. 59.

1. The appropriations for expenditure shall be used exclusively for the specific purpose for which they have been authorised by the Budget Law or the amendments adopted in accordance with this Law.

2. The appropriations authorised in the expenditure programmes are limited and binding at the level of the concept. However, appropriations for staff expenditure, other than those relating to performance incentives, expenditure on current goods and real services and investments, shall be binding at the level of the article.

3. In any event they shall be binding, with the level of economic disaggregation with which they appear in the statements of expenditure, the appropriations for the protocol and the representative, the expenditure reserved and the declared eligible expenditure ' The provisions of Article 66 of this Law.

Art. 60.

No commitments for expenditure in excess of the amount of appropriations provided in the statements of expenditure may be obtained, with the administrative acts and the general provisions with a lower level being null and void. Law that infringes the expression, without prejudice to the responsibilities to which there is a place.

Art. 61.

1. The authorisation or implementation of the multi-annual expenditure shall be subject to the appropriation for each financial year by the respective General Budget of the State.

2. Commitments on expenditure which may be extended to subsequent years may be purchased, provided that they are carried out in the course of the exercise itself and that, in addition, it is found in one of the following cases: list:

a) Investments and capital transfers.

b) Supply contracts. technical and scientific assistance and the leasing of equipment which cannot be stipulated or are non-economic for a period of one year.

c) Real estate leases to be used by State Agencies, and

d) Financial loads of State Deudas and their Autonomous Bodies.

3. The number of exercises to which the expenditure referred to in paragraphs (a) and (b) of the number 2 may be applied shall not exceed four. In addition, the expenditure in such cases for each of the future authorised financial years may not exceed the amount to be applied to the corresponding credit for the year in which the transaction was committed. the following percentages: In the following immediate year, 70 per 100; in the second financial year, 60 per 100. in the third and fourth years, 50 per 100.

4. Regardless of what was set in the previous numbers. for investment programmes and projects which are set out in the Budget Law, commitments may be made for expenditure which may be extended to future financial years up to the amount for each of the annuities. determine.

For these purposes, where projects of the above mentioned characteristics are included in the budget appropriations, the percentages referred to in paragraph 3 of this Article shall apply to those appropriations, once deduced the annuity corresponding to those projects.

5. The Government, acting on a proposal from the Minister for Economic Affairs and Finance, may amend the percentages indicated in paragraph 3 of this Article and the amounts to be fixed in accordance with the number 4, and modify the number of annuities in cases. in particular justified, at the request of the relevant ministerial department and prior to the reports deemed appropriate, and, in any case, that of the Directorate-General for Budgets.

6. The application of the percentages indicated in the number 3 of this article, in the case of the execution by annuities of works that are the competence of the Hydrographic Confederations, or of the Boards and Administrative Commissions of Ports, carry out on the basis of all the total appropriations entered for these bodies for each financial year in the relevant chapters of actual investment, whether their financing comes from the appropriations entered for this purpose in State Budgets, as if it is derived from the own funds of the aforementioned Agencies included in your budgets.

7. Also. the percentages and number of exercises mentioned in the number 3 of this article. In the case of programs of modernization of the Armed Forces, they will be those established in the Law of Budgetary Endowments for Investments and the Defense of the Armed Forces.

8. The commitments referred to in numbers 2, 4 and 6 of this Article shall be the subject of adequate and independent accounting.

Art. 62.

The appropriations for expenditure which, on the last day of the financial year, are not affected by the fulfilment of obligations already recognised shall be cancelled in full, without exceptions other than those laid down in Article 73 of this Law.

Art. 63.

1. The appropriations in the statement of expenditure for each budget may be incurred only in respect of obligations arising from acquisitions, works, services and other services or expenses in general carried out in the calendar year of the financial year budget.

2. By way of derogation from the previous number. shall apply to the appropriations in the budget in force at the time of issue of the payment orders, the following obligations:

(a) Those resulting from the liquidation of arrears in favour of staff who receive their remuneration from the General Budget of the State.

(b) Those arising from expenditure commitments duly acquired in previous years.

In cases where there is no adequate credit in the financial year, the Ministry of Economy and Finance may determine, at the initiative of the relevant ministerial department, the appropriations to be charged to the payment of these obligations.

3. Payment of the purchase price of acquired real estate directly whose amount exceeds 1 billion pesetas may also be deferred, without in any case the initial disbursement to the signature of the deed may be less than 50 per 100 of the price, being able to distribute freely the rest up to four successive annuities to the respective maturities within the temporal and percentage limitations contained in the previous article 61.3.

Art. 64.

1. When the State's budget is to be carried out, some expenditure that cannot be delayed until the following financial year and does not exist in them credit or is insufficient and not extensible, the Minister of Economy and Finance, prior to the report of the Directorate-General for Budgets and the opinion of the Council of State, will raise the agreement of the Government with the referral of a bill to the General Courts granting a credit, extraordinary, in the first case, or a supplement of credit, in the second, and specifying the resource to be used to finance the largest public expenditure.

2. If the need for extraordinary or additional credit is required in an autonomous body referred to in Article 4 (1) of this Law, the following provisions shall be observed:

(a) When the extraordinary or additional credit does not increase the appropriations of the State Budget, the granting of one or the other shall be the responsibility of the Minister of Economy and Finance, if the amount does not exceed 2 per 100 of the the expenditure budget of the autonomous body concerned, and the government where, exceeding that percentage, it does not exceed 5% of the expenditure budget of the autonomous body, in the case of Article 4 (1) (a) of this Law, or 10, in the case of the autonomous bodies referred to in paragraph (b) of that Article. These percentages shall be applied cumulatively for each financial year.

(b) In the budget change file, the ministerial department shall report, to whose budget it affects or to which the autonomous body is assigned to promote it, and the need and urgency of the expenditure must be justified, without specifying the means or resources to be financed by the proposed increase, nor the specific budget heading to be increased.

(c) The Government shall give quarterly account to the General Cortes of the extraordinary credits and credit supplements granted under the heading (a) of this issue, by means of a table. at least. the same detail of the respective quote.

Art. 65.

1. By way of exception, the Government, on a proposal from the Minister for Economic Affairs and Finance, will be able to grant advances from Treasury to meet non-deferred expenses, with the maximum limit in each 1 per 100 exercise of the credits authorized by the Law of General State budgets, in the following cases:

(a) When, once the processing of the records for the granting of extraordinary credits or credit supplements has begun, the Council of State has been favourably ruled. or

(b) Where an Act has been enacted establishing obligations for which the granting of extraordinary credit or credit supplement is required.

2. If the General Courts do not approve the draft Law on the granting of the extraordinary credit or the credit supplement, the amount of the Treasury advance shall be cancelled from the appropriations of the respective ministerial or agency department. self-contained, whose minorprayer causes less disruption to the public service.

Art. 66.

By way of derogation from Articles 59 and 60 of this Law, the condition of the extension of those credits which, in the form of a tax, and duly explained, relate to the state of expenditure of the General budgets of the State and, in its virtue, may be increased, subject to compliance with the requirements laid down by regulation in the light of the effective collection of the rights concerned or the recognition of obligations specific to the respective exercise, according to provisions with range of Law.

Art. 67.

1. It is for the Council of Ministers, on a proposal from the Minister for Economic Affairs and Finance and at the initiative of the affected ministerial departments:

a) Authorize credit transfers between one or more programs included in the same function, corresponding to Services or Autonomous Bodies of different Ministerial Departments.

(b) Authorising transfers of appropriations between programmes, including in different functions, corresponding to the services or autonomous bodies of different ministerial departments, provided that they are reorganisations (a) administrative or resulting from the application of resources from the European Regional Development Fund or from the European Social Fund.

2. The Council of Ministers, acting on a proposal from the Economic and Financial Committee, may authorise transfers of appropriations from the appropriations not used in the programmes of the various sections of the budget to the various concepts of the contingency programme. and non-classified functions, enabling the necessary appropriations to that effect for further reallocation.

Art. 68.

Corresponds to the Minister of Economy and Finance, in addition to the generic competencies attributed to the ministers ' ministers:

1. To resolve the dossiers for budgetary changes, in cases where these are attributed to the holders of the Ministerial Departments and there is a discrepancy of the respective Ministry with the report of the Delegated Intervention.

2. Authorize the following budgetary modifications:

(a) Transfers of appropriations in the cases of exclusion from the jurisdiction of the holders of the ministerial departments referred to in point (a) of Article 69 (1) of this Law.

b) Transfers of credits between programs included in the same or different function, corresponding to Services or Autonomous Bodies of the same ministerial department.

c) Transfers by creating new concepts, without the limitations of Article 69, number 5, of this Law.

d) Credit transfers from the unanticipated program and functions not classified to the concepts and articles of the other spending programs, whatever the function or section to which it corresponds.

The ministerial department or the autonomous body applying for the transfer must justify the impossibility of financing it by readjusting its appropriations; to this end, a joint review of the appropriate expenditure programmes, indicating the deviations that the implementation of the budget may reveal in the achievement of the relevant objectives.

e) Generations of credit in the cases referred to in Article 7l (b), (c) and (e) of this Law.

(f) Credit additions, in the cases referred to in Article 73 (a), (c) and (e) of this Law.

g) The credit extensions included in the Budget Laws, except those whose competence is expressly attributed to the holders of the Ministerial Departments.

Art. 69.

1. The holders of the Ministerial Departments may authorise, after favourable report of the competent Delegated Intervention in each Department or Body, the following budgetary modifications:

a) Transfers between credits in the same program for the same or different Service or Autonomous Body of the

Department, whatever the chapter in which the appropriations are included, provided that they do not affect staff appropriations, protocolary and representative attention, reserved pasture or nominative grants, nor do they involve deviations in the achievement of the objectives of the respective programme.

The Minister of Defense may also authorize transfers between credits of several programs of the same function, corresponding to the same or different Service or Autonomous Agency of his Department, when they relate to expenses in real estate and real estate services and investments.

(b) Generations of claims in the cases referred to in Article 71 (a) and (d) and Article 72 of this Law.

(c) Credit corporations in the cases referred to in Article 73 (b) and (d) of this Act.

d) Credit Extensions in the assumptions that are determined in the respective Budget Laws.

2. In the event of a discrepancy in the report of the intervention delegated to the proposal for a budgetary amendment, it shall be carried out in accordance with Article 68. paragraph (a) of this Law.

3. The Presidents of the constitutional bodies and of the other organs of the State with differentiated allocations in the General Budget of the State shall have the same powers as set out in the number 1 of this Article, in relation to the budgetary changes, of the respective expenditure budget, without prejudice to the principle of budgetary autonomy of the General Courts.

4. In any event, once the budgetary changes referred to in numbers 1 and 3 of this Article have been authorised, they shall be forwarded to the Ministry of Economic Affairs and Finance (Directorate-General for Budgets) to implement its implementation.

5. The expected competition to authorize transfers of numbers 1 and 3 of this article involves the creation of the relevant concepts in those chapters in which the linkage of the credits is established at the level of the article.

Art. 70.

1. Credit transfers of any kind shall be subject to the following limitations:

(a) They shall not affect the extensible credit, nor the extraordinary credits granted during the financial year.

(b) The appropriations may not be reduced: they have been increased with supplements or transfers, except where they concern staff appropriations, or appropriations incorporated as a result of uncommitted remains from previous exercises.

(c) Do not increase appropriations which, as a result of other transfers, have been subject to minorations, except where they concern staff appropriations.

2. The foregoing limitations shall not affect credit transfers which relate to the programme of unclassified and unclassified functions, nor shall they apply in the case of modified appropriations-two as a result of reorganisations. administrative.

Art. 71.

They will be able to generate credit in the expense statements of the budgets, in the form that they regulate, the income derived from the following operations:

(a) Contributions of natural or legal persons to finance, together with the State or with any of its Autonomous Bodies, expenses that are, by their nature, included in the aims or objectives of the same.

(b) Enajenations of goods of the State or its Autonomous Bodies.

c) Service stations.

d) Loan repayment, and

e) External credits for public investments that have been provided by law are thus financed.

Art. 72.

The revenue from repayment of payments made unduly from budgetary appropriations may give rise to the replacement of the latter under the conditions which are to be established.

Art. 73.

1. By way of derogation from Article 62 of this Law, the following shall be added to the corresponding appropriations in the expenditure budgets for the following financial

:

(a) Extraordinary credit and credit supplements, as well as credit transfers, which have been granted or authorised respectively in the last month of the financial year and which, by reason of justified, could not be used during the same.

(b) Appropriations to cover commitments on expenditure incurred before the last month of the financial year and which, for justified reasons, have not been possible during the financial year.

c) Credit for capital operations.

(d) The appropriations authorised according to the effective collection of the rights concerned, v

e) The appropriations generated by the operations listed in Article 71 of this Law.

2. The remnants incorporated as prevented in the preceding paragraph may only be applied within the financial year in which the incorporation is agreed.

Section Three

Execution and Settlement

Art. 74.

1. It is up to the Constitutional organs. to the Heads of the Ministerial Departments and to the other organs of the State with differentiated allocations in the General Budget of the State to approve the own expenses of the Services in their position, except for cases reserved by the Law on the Government's competence, as well as authorising its commitment and liquidation, and the Minister for Economic Affairs and Finance to be interested in the management of the corresponding payments.

2. With the same legal proviso, it is up to the Presidents or Directors of the State's autonomous bodies to provide both the provision of expenditure and the management of payments relating to them.

3. The powers referred to in previous numbers may be delegated to the terms laid down by the regulatory provisions.

Art. 75.

Under the top authority of the Minister of Finance, the Director General of the Treasury and Financial Policy is responsible for the functions of the General Authorising Officer of the State.

Art. 76.

1. By way of derogation from the foregoing Article, in order to facilitate the service, the secondary payment systems deemed necessary and their holders shall be appointed by the Minister for Economic Affairs and Finance and shall depend on the General authorising officer of the State.

2. The computers for the obligations of the Ministry of Defense will belong to the Intrend Corps of the Earth Armies. Sea and Air, and they will be appointed and removed by the Minister of Economy and Finance, on a proposal from the head of the aforementioned Department.

3. The services of the Payment Ordinance will be accommodated to the Regulation to be approved on the proposal of the Minister of Finance.

Art. 77.

The issuance of the payment orders from the State Budget will be accommodated in the plan that will be established by the government on the proposal of the Minister of Economy and Finance.

Art. 78.

1. Prior to the issue of the payment orders under the General Budget of the State, it shall be documented before the body that the obligations have been recognised for the performance or the right of the creditor, compliance with the agreements that in their day authorized and committed the expenditure.

2. The payment authorising officers may receive the proposals and carry out the corresponding payment orders by computer. In this case, the supporting documentation of the expenditure made may be left to those Centres where the corresponding obligations for referral to the Court of Auditors were recognised.

Art. 79.

1. They shall have the character of 'payments to justify' the amounts which are exceptionally provided for expenditure without the prior contribution of the supporting documentation referred to in the previous Article.

2. Orders to be issued shall be issued in the following cases:

(a) Where the supporting documents cannot be provided before the proposal for payment is made.

(b) Where the services or benefits to which they relate have taken place on foreign territory.

(c) Where for reasons of opportunity or other duly weighted reasons it is deemed necessary to streamline the management of the claims.

d) In the case of services not transferred to the Autonomous Communities and the lack of the Central Administration of a structure sufficient to bring them into practice, it shall be entrusted to the Communities.

The same character shall have the payment orders issued by the autonomous agencies of the State and which are intended to satisfy expenses to be carried out in a place where there is no dependency on the Agency concerned.

3. The Chief Ministers of the Ministerial Departments and the Presidents or Directors of the Autonomous Bodies of the State shall establish, subject to the report of the Financial Controller, the rules governing the issue of. payment orders to justify from their respective expenditure budgets by determining the general criteria, the quantitative limits and the budgetary concepts to which they apply.

4. The recipients of these payment orders shall be obliged to justify the application of the amounts received and subject to the liability regime provided for in this Law. The deadline for submission of the accounts shall be three months, except for payments of expropriations and payments abroad which may be rendered within six months. The Director-General of the Treasury and Financial Policy and, where appropriate, the Presidents or Directors of the State's autonomous bodies, may exceptionally extend these periods to six and twelve months, respectively, on a proposal from the Managing Authority of the credit, with report of the Delegate Intervention.

5. In the course of the month following the date of contribution of the supporting documents referred to in the earlier numbers of this Article, the approval or repair of the account by the competent authority shall be carried out.

6. Under the provisions of Article 63 of this Law, the bookies made to justify may be satisfied only with the financial year. However, expenditure incurred abroad of importance in respect of public policy, national security or other relevant matters, in the opinion of the Council of Ministers, which is imputed to the Council of Ministers in an exercise and which they are entitled to justify, may be the subject of enforcement. and justification in the following.

7. In the case of a periodic or repetitive service, the funds provided to justify may have the character of a fixed cash advance.

The recipients of these funds are required to justify the application of the maximum amounts received within the budget year.

8. Outstanding amounts of investment, which shall be made available for the purposes of the employment of funds provided as a fixed cash advance, may be offset in the first payment orders issued in favour of the accounts. Corresponding paying boxes, with the same character and application to the expenditure budget of the following year,

For these purposes, the Ministry of Economy and Finance shall have the account to which such non-reintegrated balances are to be charged, which shall be cancelled from the establishment of the fixed cash advance for the following financial year.

Art. 80.

The external services, in order to limit the movement of foreign currency to the minimum indispensable, may allocate the funds they collect to the payment of obligations which, within the budgetary appropriations allocated to them, must satisfy.

The provisions of the preceding paragraph shall be carried out in compliance with the principle of gross budget in the terms laid down in Article 58 of this Law. Financial, on the basis of the accounts to be held periodically by the said Services and, where appropriate, the accounting documents issued by the corresponding ministerial departments, shall carry out the budgetary applications which each case proceeds.

Art. 81.

The aid and subsidies granted to the General Budget of the State will be in accordance with criteria for advertising, concurrency and objectivity in the concession.

For such purposes and by the relevant ministries, the appropriate regulatory rules for the granting shall be established in the case of non-existence and prior to the provision of the appropriations.

No advertising shall be required where the aid or grants have been nominated in the General Budget of the State or its grant and amount are payable by the Administration under rules of legal status.

The beneficiaries of the grants will be able to provide proof that they will be charged and in the manner determined by the Ministry of Economy and Finance, which are aware of their tax obligations and the Social Security.

Art. 82.

When payment orders placed with an expensive State General Budget correspond to grants in favour of public or private entities, companies or persons in general, their recipients will be obliged to justify in the form that it is regulated, and before the Ministry of Economy and Finance, ' for the purposes of the funds received.

Art. 83.

1. The budget for each financial year shall be settled in respect of the collection of duties and the payment of obligations on 31 December of the calendar year concerned.

2. All rights to be recovered and the outstanding obligations to be paid to the settlement of the budget shall be borne by ': Treasury Public in accordance with their respective contractions.

Art. 84.

The revenue to be made after the closure of the budget concerned shall be affected by the specific destination which, if appropriate, would have been assigned to them, without prejudice to their recognition and new affectation. budget for the current financial year.

CHAPTER II

Organisms whose operations are, preponderantly, of a commercial, financial industrial or analogue nature

Art. 85.

1. The budgets of the autonomous, commercial, industrial, financial or analogous bodies shall be accompanied by the following:

Commercial operations account.

Operating account.

Financing table.

Demonstrative state of the variance of the wiggle.

2. The operations specific to the activities of these agencies, which are included in the Commercial Operations Account, shall not be subject to the limitations established in this Law for the appropriations included in the statement of expenditure of their budgets.

Art. 86.

The financial year shall coincide with the calendar year without prejudice to the adjustments required where the operations to be carried out by the autonomous body are linked to a different production cycle, which may not exceed twelve months.

CHAPTER III

The programs of action, investments and financing of state societies

Art. 87.

1. The companies referred to in Article 6 (1) of this Law shall annually draw up an action programme, investment and financing, with the following content:

(a) A state in which the real and financial investments to be made during the social year will be collected.

(b) A state in which the contributions of the State or its autonomous bodies shall be specified in the capital of the State or its self-employed bodies, as well as the other sources of financing for its investments.

c) The expression of the objectives to be achieved in the exercise, and, among them, the rents expected to be generated.

d) A memory of the economic assessment of the investment or investments to be initiated in the financial year.

2. The programme referred to in the preceding number shall be responsible for the timely multiannual forecasts.

3. Any autonomous body referred to in Article 4 (1) (b) of this Law may only increase the total amount allocated to the financing of the programmes of the various State Societies in which it participates up to 5%. per 100. In other cases, government authorization will be required.

4. These companies shall, in addition to the pro-gramme described in point 1 of this Article, draw up each year an operating budget detailing the corresponding annual resources and allocations. They will also form a capital budget in the same detail.

5. Changes in the budgets referred to in Article 4 of this Article which do not affect subsidies from the General Budget of the State shall be authorized by the Minister for Economic Affairs and Finance when the amount of the budget does not exceed 5% of the total of the respective budget, and by the Government in other cases, provided that the relevant Company receives operating grants or capital from the State's General Budget.

Art. 88.

1. The basic structure of the programme, as well as that of the operating budget and, where appropriate, of capital, shall be established by the Ministry of Economy and Finance and shall be developed by each State-owned Society in accordance with its requirements.

2. Without prejudice to other powers, the effectiveness control referred to in Article 17 (2) of this Law shall be exercised, in respect of State Societies, by the Autonomous Body which has majority participation in them or, in its case, by the Ministry of direct reliance.

Art. 89.

1. The companies referred to in this Chapter shall draw up, before 1 June of each year, the programme of action, investment and financing corresponding to the following financial year, supplemented by an explanatory statement of the content of the the programme and the main changes it makes in relation to which it is in force.

2. The programmes shall be submitted to the Government's agreement before 15 September of each year, on a proposal from the Minister for Economic Affairs and Finance or the Head of the Department to which the autonomous body is attached to the capital of the respective Member States. Companies, prior to the report of the Economy and Finance in the latter case.

3. The programmes approved by the Government will be published in the "Official State Gazette".

Art. 90.

The operating budgets or capital budgets to be drawn up in accordance with Article 87 (4) of this Law shall be sent by the relevant companies before 1 May of each year and through the Department from which they are dependent, to the Ministry of Economy and Finance, accompanied by an explanatory memorandum of their content and the liquidation of the budget of the previous year, for the purposes of their inclusion in the Status.

Art. 91.

1. In cases where agreements with the State which give rise to special schemes are laid down, both by the State-owned companies and by the other State-owned subsidies, they will not cease to be established. corresponding clauses on the following subjects:

a) Macroeconomic and sectoral assumptions that serve as the basis for the agreement.

b) Objectives of personnel policy, profitability, productivity or technical restructuring of economic exploitation, as well as methods of evaluation of those.

c) State contributions in their different modalities.

d) Means to be used to adapt the agreed objectives to the variations in the respective economic environment.

e) Control by the Ministry of Economy and Finance of the implementation of the agreement and subsequent economic exploitation.

2. The control referred to in the preceding number 1 shall not exclude those which in any case correspond to the respective Departments or Autonomous Bodies in respect of the State Societies or Companies which have signed the relevant Convention.

3. The subscription to the convention referred to above shall not exclude the production and execution of the operating budget, as regulated by Article 87 of this Law.

TITLE III

From the intervention

CHAPTER FIRST

State Administration intervention

Art. 92.

All acts, documents and files of the Civil or Military Administration of the State of which the rights and obligations of economic content are derived shall be brought and entered into account in accordance with the provisions of the This Law and its accompanying provisions.

Art. 93.

1. The function referred to in Article 16 of this Law shall be exercised in its manner of critical intervention or audit, formal and material, with the extent and effects that are determined in this Law and other implementing provisions.

2. The exercise of the expressed function shall comprise:

(a) Critical or prior intervention of any act, document or file liable to produce rights or obligations of economic content or movement of funds and securities.

b) The formal intervention of the payment order.

c) The material intervention of the payment.

(d) Intervention of the application or use of the quantities for works, supplies, acquisitions and services, which shall comprise the documentary examination.

3. The following competencies are inherent in the function:

(a) To intervene in the settlement of the budgets referred to in paragraph 4 of Article 87 of this Law.

b) Interpose resources and claims that authorize existing provisions.

(c) To obtain from whom, when the nature of the act, document or file to be intervened requires, the legal advice and technical reports that it deems necessary, as well as the background and accurate documents for the exercise of this function.

Art. 94.

1. The regulatory route shall establish the competence of the Interventors-delegates of the General Controller of the State Administration, which shall be exercised in the Civil Administration by the officials of the Higher Body of Inspectors of State finances to carry out the corresponding jobs, and in the military, by the personnel of the Military Defense Intervention Corps.

2. In any event, the jurisdiction conferred by Article 16 (1) of this Law may be delegated, in compliance with the requirements laid down in Article 22 of the Law of Legal Regime of the State Administration, in favor of the Delegates-delegates.

3. By way of derogation from the preceding numbers, the Financial Controller of the Finance Delegations shall, in an unconcentrated manner and in respect of the scope of the latter, exercise the following powers:

(a) Critical or prior intervention of any act, document or file liable to produce rights of economic content or movement of funds or securities.

b) The formal intervention of the payment order.

c) The material intervention of the payment.

4. The functions referred to in the preceding number may be delegated, with the agreement of the General Controller of the State Administration, in officials of the Management Body of the Public Finance at the Treasury and in the other lower-level units in the province.

In any case, the Financial Controller of the Finance Delegations will be able to endorse any act or file that they deem appropriate.

5. By way of derogation from the above, the General Financial Controller shall be able to endorse any act or file which it considers appropriate.

6. In the case of the transfer of powers of the State Administration to the Territorial Entities, such a function shall be exercised by the Interventors of these.

Art. 95.

1. The costs of non-inventoried material, minor supplies, as well as the periodic and other subsequent expenditure, shall not be subject to prior intervention after the expenditure corresponding to the initial period of the act or contract has been taken into account. of which they are derived or their modifications.

2. By way of regulation, grants with nominative allocation may be excluded from intervention.

3. The Government may agree, after reporting the General Intervention of the State Administration, that the prior intervention in each of the Ministries, Centers, Dependencies or Agencies, is limited to checking the following extremes:

a) La.existence of budget credit and that the proposed one is appropriate to the nature of the expense or obligation that you intend to contract.

In the case of contracting multi-annual expenditure commitments, in addition, it will be verified. st is fulfilled as required by Article 61 of this Law.

b) That obligations or expenses are generated by competent body.

c) Those other extremes that, because of their transcendence in the management process. determines the Council of Ministers on a proposal from the Minister for Economic Affairs and Finance, prior to the report of the General Intervention of the State Administration.

Delegates-delegates may make any additional comments they consider appropriate. without, under any circumstances, suspensory effects on the processing of the files concerned.

4. The provisions of the preceding paragraph shall not apply in respect of obligations or expenditure of indeterminate amounts and those other than those which are to be approved by the Council of Ministers.

5. The obligations or expenditure under the limited audit referred to in paragraph 3 of this Article shall be the subject of a later date, exercised on a representative sample of the acts, documents or files which gave rise to the to the said audit, by means of the application of sampling or auditing techniques, in order to verify that they conform to the applicable provisions in each case and to determine the degree of compliance with the legality of the management of the credits.

The Controller-delegates who carry out the audits later must issue a written report stating how many observations and conclusions they may make. These reports shall be forwarded to the Head of the Department, in order to make, where appropriate, and within 15 days, any allegations deemed appropriate, subsequently raising them to the General Intervention of the State Administration.

The General Intervention of the State Administration will give an account to the Council of Ministers and to the Management Centers that will be affected by the most important results of the audit carried out after and, in its Case, propose the actions that are advisable to ensure that the administration of the public resources is in accordance with the applicable provisions in each case.

6. The prior audit of the rights shall be replaced by that inherent in the accounting process, establishing subsequent verification actions to be determined by the General Intervention of the State Administration.

Art. 96.

1. If the intervention is in disagreement with the substance or in the form of the acts, files or documents examined, it shall make its objections in writing.

2. Where the disagreement relates to the recognition or liquidation of rights in favour of the Public Finance, the opposition shall be formalised in the light of the dispute, and the discrepancy shall be subsist, by means of the interposition of the resources or claims which proceed.

Art. 97.

If the repair affects the disposition of expenses, recognition of obligations or payment order, it will be suspended until the handling of the case is resolved in the following cases:

a) When based on the insufficiency of the credit or the proposal is not considered appropriate.

(b) Where serious irregularities are found in the supporting documentation of the payment orders or the right of the recipient is not sufficiently credited, and

c) In cases of omission in the file of requirements or formalities which, in the opinion of the Intervention, are essential, or when it considers that the continuation of the administrative management could cause economic breaks to the Treasury Public or a third party.

d) When the repair will result from material checks of works, supplies, acquisitions and services.

Art. 98.

1. Where the body to which the repair is concerned is not in conformity with the repair, the following shall be carried out:

(a) In cases where it has been formulated by an Interventional-Delegate, it will be up to the General Intervention of the State Administration to know about the discrepancy. being their mandatory resolution for that.

(b) Where the repair emane of such a management centre or the latter has confirmed that of an Interventional-Delegated the discrepancy, it shall correspond to the Council of Ministers to adopt a final decision.

2. The Intervention may issue a favourable report, notwithstanding any defects in the case, provided that the unfulfilled requirements or formalities are not essential, but the effectiveness of the act shall be conditional on the those and that you will be aware of to that office.

CHAPTER II

The intervention of the autonomous agencies of the State

Art. 99.

The provisions contained in the previous immediate chapter will apply to the intervention in the autonomous agencies of the State of administrative character.

Art. 100.

If these are State autonomous organizations with industrial, commercial, financial, or analogous activities:

(a) The provisions referred to in Article 99 of this Law shall apply in respect of the envelopes of their budget which are of a limited or extensible nature.

(b) The operations not covered by paragraph (a) above shall be subject to periodic checks or audit procedures and shall replace the prior intervention.

(c) The provisions of the funds which the Head or officials who are competent in each Body shall be competent, in any case, by the Financial Controller attached to it, except in the case of an autonomous body which by law It is governed by private law. in which case this function shall be exercised on the basis of the respective supporting accounts.

TITLE IV

Of Financial Operations

CHAPTER I

From Public Debt

Art. 101.

1. The Public Debt may be issued or contracted by the State or its Autonomous Bodies, receiving, in the first case, the denomination of "State Debt" and. in the second, the "Debt of the Autonomous Bodies".

2. The creation of the Public Debt, both by the State and by the Autonomous Bodies, shall be authorized by Law, which, without prejudice to any other characteristics of the Debt to be created, shall indicate the maximum amount authorized.

3. The Public Debt to the Banco de España may take the form of special loans to the State and to the self-employed, with or without interest, whose early repayment may be provided by the borrower at any time.

In the case of the State, its indebtedness will be determined, in addition to the special credits mentioned above, by the balance of the current account referred to in Article 118, number 1.

4. The outstanding amount of the Public Debt to the Bank of Spain, as defined in the preceding number, with deduction of the balance in favour of the State which, if applicable, presents the current account of the Treasury referred to in Article 118 (1). deposits with the Banco de España of the autonomous bodies, may not exceed, at the end of each financial year, 12 per 100 of the total appropriations for expenditure, resulting from the general budget of the State of the financial year concerned.

5. In the case of authorisations incorporated in the General Budget Law of the State, the maximum authorised amount referred to in the preceding number 2 shall be defined by reference to the authorised net variation of the living saved of the debt as a whole of the State and of each of the Autonomous Bodies, including the net balance of the accounts in respect of the Bank of Spain referred to in the preceding number 3. If additional restrictions are not to be established in that Law, it shall be understood that such authorization entails gross issuance of public debt for any of the purposes specified in the following number 9, without limitation of the the net balance of emissions and amortisation respects the authorised quantitative limit.

6. In the framework of the Laws mentioned in the previous numbers 2 and 5, it will be up to the Government to arrange for the creation of Public Debt, setting the maximum limit until the Ministry of Economy and Finance can authorize its issuance or pointing out the general criteria to be met by that and the management of public debt in circulation.

7. The issuance or contracting of Public Debt shall be authorized, in any case, by the Ministry of Economy and Finance.

8. The product, amortisation and interest expense and related concepts of Public Debt issues shall apply to the State Budget or the respective Autonomous Body.

9. The product of the Public Debt will have as a generic destination to finance the expenses foreseen in the Budgets of the State or the respective Autonomous Body and to constitute active positions of Treasury in the Bank of Spain, that only transiently may exceed normal cash requirements, unless, in the case of the State, they are subject to monetary policy needs.

10. Without prejudice to the provisions of Article 8 of this Article, the proceeds of Treasury and Treasury bills and the continuing emissions on the outside of the commercial paper and medium-term notes, as well as the Write-downs of the same securities shall be entered in a transitional account in a Treasury Operations account, which is transferred to the State Budget for the amount of its net balance at the end of the financial year. Interest expense and related concepts of the debt referred to shall follow the general scheme provided for in Article 8 of this Article.

Art. 102.

1. Public Debt may be represented in notes on account, securities or any other document that formally recognises it.

2. In the subscription and transmission of the negotiable public debt, the intervention of the public purse shall be required only where the latter is represented by securities and the law applicable to them so provides. It shall not be required, in any case, for transactions with Treasury notes and those other where securities are extinged for processing into account.

3. The Government shall make the necessary arrangements to regulate the system of implementation of the Public Debt in the account and the transactions concerning the debt securities thus represented.

Art. 103.

The Public Debt may be denominated in pesetas or foreign currency, issued both inside and outside and gather the term, interest rate, representation or any other characteristics that allow for a reduction of its cost and a better match for the aims pursued with its creation. Its acquisition, holding and negotiation shall not be subject to any more limitations than those arising from the own rules for the creation of the Debt, the regulatory of the markets in which it is negotiated or the rules in force in respect of change control.

Art. 104.

With the limitations resulting from the provisions of Article 101 (2), (5) and (6), the Ministry of Economy and Finance is empowered to:

1. Proceed with the issuance or contraction of Public Debt by establishing its representation, voluntary or exclusive, in notes, securities or other document that formally recognizes it; to indicate or to arrange its term, interest rate and other characteristics, and formalize, where appropriate, representation of the State, such operations.

When the formalisation of the operation is to take place abroad, the Minister may delegate to the relevant diplomatic representative or an official of the ministerial department designated for that purpose even if it is Lower catery to CEO.

2. To use, for the placement of the emissions of negotiable securities of Public Debt, any technique that does not enter an inequality of opportunities for the potential acquirers of the same, according to-their nature and functions. In particular it may:

a) Ceder the issue, during a pre-set subscription period at a pre-established single price.

(b) The issue shall be sufficient to award the securities in accordance with rules that shall be made public before the auction is held.

c) Sell the issue, over an open period, directly on the Stock Exchange and, in the case of the securities in the notes on account, in the relevant debt market.

(d) The issue shall be sufficient for the general public to be issued, among authorised persons or among a restricted group of those who acquire special commitments in respect of the placement of the debt or the functioning of its markets.

e) Ceder part or all of an issue to the Banco de España at an agreed price, with a view to its maintenance in the portfolio of that institution or to the subsequent negotiation thereof.

In any case, the placement of an issue may be fragmented over time, as well as the amount of time, the different fragments being placed according to different emission techniques and, in the case of fragmented emissions over time, to different prices.

3. Determine who, where appropriate, will have the consideration of agents for the release of securities of the Public Debt and, if there is a place, the fees to be paid to them.

4. To acquire marketable securities of the Public Debt on the secondary market for redemption or to proceed, under the provisions of the respective emission or procurement rules, or by mutual agreement with the creditors, to the reimbursement in advance, even in part, of the Public Debt or the revision of any of its conditions, where the market situation or other circumstances so advise.

5. To agree or agree on voluntary redemption, exchange, conversion, extension, exchange, exchange, representation and other similar transactions involving modifications of any conditions of the transactions which integrate the State Debt.

6. Agree to changes in the conditions of the Public Debt that are exclusively due to their best administration, provided that the economic rights of the holder are not harmed.

7. To agree, in foreign borrowing operations, the usual clauses and conditions in these operations, including, exceptionally, the submission to arbitration or the referral to foreign law or courts, provided that the Article 44 of this Law.

8. To enable in the Public Debt section the credits or extensions of credits necessary to deal with the contractual or anticipated reimbursements of the operations that integrate the Public Debt of the State.

9. To entrust the exercise of the powers identified in the previous numbers, in relation to the Debt issued by the Autonomous Bodies, to their corresponding decision-making bodies.

10. To provide for the issuance of State Public Debt during the month of January of each year subject to the regulatory standards of the similar issues issued in the development of the authorization to create debt contained in the Law of General budget of the State for the previous year. These emissions shall in no case exceed 15 per 100 of the limit authorised for the last year and shall be counted within the limit authorised for the current year by the corresponding State General Budget Law.

Art. 105.

1. The securities representative of the public debt shall apply the system established by the general legal system according to the modality and the characteristics of the system.

2. In addition, the securities to the bearer of the Public Debt which have been stolen, stolen or lost or destroyed shall be subject to the procedure laid down administratively or, failing that, by commercial law.

3. The Ministry of Economy and Finance shall determine the procedure to be followed in the case of nominative or bearer-bearer securities after their filing in the respective public offices, or which has been the subject of partial destruction. does not prevent identification.

Art. 106.

1. The capital of the Public Debt shall be prescribed at twenty years of age without receiving any interest, nor shall it be held by its owner at any time before the Public Finance Administration, which involves or involves the exercise of its right.

2. The obligation to repay the capital of the public debt referred to as conversion shall be 10 years, counted from the last day of the period laid down for the operation or, where appropriate, since the new securities may be withdrawn in place of the submitted to the conversion.

3. It shall prescribe at five years the obligation to pay the interest of the Public Debt and the obligation to return the capital called for reimbursement, counted, respectively, from the maturity of the interest and the day of the appeal for reimbursement.

CHAPTER II

From the State or its Autonomous Bodies

Art. 107.

The State or its autonomous bodies may, in accordance with the provisions of this Chapter, consolidate the obligations arising from credits entered into or in the extension by natural or legal persons, public or private. private, by granting the corresponding endorsement.

Art. 108.

1. The granting of guarantees by the State in guarantee of loans granted by public entities of a territorial or institutional nature, state societies and international organizations of which Spain is a member, must be authorized by the Council of Ministers.

2. The same authorization shall be required for the granting of guarantees by the State in guarantee of loans granted by natural or legal persons to finance goods and investments in general that have to be affected by administrative concession. must revert to the State.

3. The authorization of the Council of Ministers referred to in the preceding number 1 may refer specifically to each operation, or to include several of them with determination, in any case, of the identity of the avalados, of the period within which they must be granted the endorsements, and their maximum, individual or global amount.

Art. 109.

The autonomous agencies of the State may guarantee by means of guarantee, provided that they are authorized to do so by their founding laws, the credits agreed by the State Societies referred to in Article 6, number 1, (a) of this Law in which the capital is involved, the Ministry of Economy and Finance must be given an account of each of the endorsements they grant.

Art. 110.

The total amount of the endorsements referred to in Articles 108 and 109 of this Law may not exceed the limit which, in each exercise, indicates, for the State and for each Autonomous Body, the General Budget Law of the Status.

Art. 111.

The granting of guarantees by the State or its autonomous agencies outside the cases provided for in Articles 108 and 109 must be authorized by means of the corresponding Law, which must contain at least. the determinations referred to in Article 108 (3) above.

Art. 112.

The granting of State guarantees should be agreed, in each case, by the Minister of Economy and Finance, who, without prejudice to the limits that may have been established in the mandatory authorization of the Council of Ministers or the relevant Law may agree on the terms that are customary in the financial markets.

In particular, you can agree to:

(a) The waiver of the excision benefit provided for in Article 1,830 of the Civil Code.

b) Exceptionally, in the endorsements that guarantee foreign credit operations, the submission to arbitration or the referral to a law or foreign courts. provided that the provisions of Article 44 of this Law are observed.

Art. 113.

The endorsements awarded by e! State or its autonomous bodies shall bear in favour of the same the commission which shall be determined for each operation.

Art. 114.

The Ministry of Economy and Finance will inspect the investments financed with credits approved by the State and the Autonomous Bodies, to check their application and profitability, as well as the solvency of the debtors.

TITLE V

The Public Treasury

Art. 115.

They constitute the Public Treasury all financial resources, whether money, securities or credits, from the State Administration and the Autonomous Bodies, both from budget and extra-budgetary operations.

Art. 116.

The availabilities of the Public Treasury and its variations are subject to intervention and to the regime of public accounting.

Art. 117.

These are functions entrusted to the Treasury:

a) Raise the rights and pay the obligations of the State.

b) Serve the principle of Caja unit by centralizing all funds and values generated by budgetary and extra-budgetary operations.

c) Distribute in time and in the territory the funds available for the timely satisfaction of the obligations of the State.

d) Contribute to the national financial system having the appropriate degree of liquidity at each juncture.

e) Intervening in the capital, money, securities and currency markets, when circumstances advise and to contribute to the normal functioning of the same.

f) Reply to the endorsements entered into by the State in accordance with the provisions of this Law.

g) Perform the others that are derived or related to the ones listed above.

Art. 118.

1. The State shall maintain a current account in the view of the Public Treasury in the Bank of Spain, without interest, which may present a balance, both in favor of the Treasury and in favor of the Bank,

This current account shall be unique, without prejudice to the fact that, due to the management of the public treasury or the Banco de España, it is divided into the sub-accounts deemed appropriate.

2. All the income and payments of the State and the autonomous organizations will be centralized in the Banco de España, without prejudice to the possible mediation in those of the State Treasury. In the case of the State such centralization shall be carried out through the account provided for in the preceding number; in the case of the Autonomous Bodies. through its current accounts in the Banco de España, which will be grouped in the Bank's balance sheet, under a general heading of "Autonomous State Administration Bodies".

3. The Banco de España will perform those functions related to the financial service of the State Debt that the Minister of Economy and Finance agrees to entrust to him.

4. The Banco de España will provide free services to the services referred to in the previous numbers of this article.

Art. 119.

1. Credit institutions may provide mediation services in revenues and payments from the Treasury.

2. By way of derogation from the provisions of Article 2 (2), the State Administration and its autonomous bodies, having regard to the special nature of their operations or the place in which they are to be carried out, may open accounts in credit institutions. other than the Banco de España, provided that the Ministry of Economic Affairs and the Ministry of Finance are authorized to do so. Such authorisation shall be individualized and shall determine the conditions of use of the relevant account.

3. The Ministry of Economy and Finance may order the cancellation of the accounts referred to in the preceding number 2 or to paralyse its use if it is established that the reasons for opening it or that the conditions have not been met are not subsisting. imposed for use.

4. The Minister for Economic Affairs and Finance may conclude agreements with the credit institutions to determine the arrangements for the operation of the accounts in which the Treasury funds are located and, in particular, the interest rate to which the be paid, the fees payable, if any, by the Treasury and the reporting obligations assumed by the credit institutions.

Art. 120.

The Minister for Economic Affairs and Finance, in relation to the accounts opened in credit institutions referred to in the previous article, may be obtained from the managing body of the managing body, the governing body or the corresponding Credit Entity, any data intended to check compliance with the conditions under which the account was authorised to be opened.

Art. 121.

Under the conditions laid down in law, income and payments from the Treasury may be made by cash, cheque, bank transfer, money order or any other means of payment, whether or not bank. The Minister of Economy and Finance is empowered to establish that, in the performance of certain revenue or payments from the Public Treasury, only two means of payment can be used.

TITLE VI

From Public Accounting

CHAPTER FIRST

General provisions

Art. 122.

The State and the State Public Sector Entities are subject to the public accounting regime in the terms provided for in this Law.

Art. 123.

1. The obligation to provide accounts of the respective transactions, whatever their nature, to the Court of Auditors by the General Intervention of the Administration of the European Union, is subject to the obligation of the public accounting system. Status.

2. The provisions of the preceding paragraph apply to the use of current grants from the General Budget of the State and in favour of public or private entities, enterprises or persons in general.

Art. 124.

It is up to the Ministry of Economy and Finance to organize public accounting for the following purposes:

a) Register the execution of the budgets in their different modes.

b) Know the movement and the situation of the Treasury.

c) Reflect the variations, composition and status of the State Heritage.

d) Provide the necessary data for the formation and surrender of the General Account of the State, as well as the other accounts, statements and documents to be drawn up or referred to the Court of Auditors.

e) Facilitating data and other records that are accurate for the production of the public sector's economic accounts and the Spanish national accounts.

f) To provide the financial and economic information that is necessary for decision-making, both in the political and management order.

Art. 125.

The General Intervention of the State Administration is the executive director of public accounting, to which it is responsible:

a) Submit to the decision of the Minister of Economy and Finance the General Plan of Public Accounting, to which the Corporations, Organisms and other Entities included in the Public Sector will be adapted, according to their characteristics or peculiarities.

(b) Promote the exercise of regulatory authority in order to determine the structure, justification, processing and accountability of accounts and other documents relating to public accounting, and may dictate circular and instructions referred to in Article 18 of the Law of Legal Regime of the State Administration.

(c) Approve partial or special public accounting plans to be drawn up in accordance with the general plan, as well as those of the State Societies with respect to the general plan of accounting of the Spanish Company.

d) Inspect the accounting of State Agencies whether or not they are autonomous.

Art. 126.

As the Public Accounting Manager Center corresponds to the General Intervention of the State Administration:

a) Forming the General Account! Status.

(b) Examine, if appropriate, make observations and prepare the accounts to be submitted for prosecution by the Court of Auditors.

e) Collect the presentation of the accounts. states and other documents subject to their critical examination.

d) Centralize the information deduced from the accounts of the Agencies, Entities and agents that make up the Public Sector.

e) Develop the public sector's economic accounts, according to the Spanish system of national accounts.

f) To monitor and promote the activity of the existing accounting offices in all the Departments and Agencies of the State in which the service so advises, and which will be in charge of the officials who legally have attributed this task.

g) To collect all reports and economic-accounting opinions held in Entities subject to the public accounting system.

Art. 127.

The public accounts shall be kept in books, records and accounts in accordance with the technical procedures which are most appropriate for the nature of the operations and the situations to be recorded, without prejudice to the State companies comply with the provisions of the Code of Commerce, which are dictated in their development and the General Accounting Plan in force for Spanish companies.

Art. 128.

They shall be in the accounts in which they surrender to the Court of Auditors:

(a) Officials who are responsible for the management of revenue and expenditure, as well as other operations of the General Administration of the State.

b) The Presidents or Directors of the Autonomous Bodies, State Societies and other Entes that make up the State Public Sector.

(c) Individuals who, by way of exception, administer, collect or guard funds or securities of the State, without prejudice to the intervention of their respective operations

and

(d) The recipients of the current grants referred to in Articles 82 and 123, number 2, of this Act.

Art. 129.

The accounts and documentation to be submitted to the Court of Auditors shall be formed and closed for monthly periods, except those for the Autonomous Bodies, State Societies and other Entes that make up the Sector State public, which will be annually.

Art. 130.

Public accounting is subject to ordinary or extraordinary verification by officials who are dependent on the General Controller of the State Administration and who, where appropriate, appoint the Court of Auditors.

Art. 131.

1. The Ministry of Economy and Finance will publish the following monthly data in the "Official State Gazette":

a) Treasury movement for budgetary and extra-budgetary operations, and their situation.

b) Of the operations of execution of the State Budget and its modifications.

c) Other than those considered to be of general interest.

2. The General Intervention of the State Administration, on a monthly basis, will send to the Congressional Budget Committees of the Deputies and the Senate information on the implementation of the budgets.

CHAPTER II

From the State General Account

Art. 132.

1. The General Account of the State shall be formed by the following documents:

a) Account of the General Administration of the State.

b) Account of the administrative autonomous agencies.

c) Account of the autonomous industrial, commercial, financial and analogue bodies.

2. Likewise, the account of the management of taxes transferred to the Autonomous Communities shall be accompanied. in accordance with the provisions of Article 18 of Law 30/1983 and the other integrated or consolidated accounts and statements which are determined and, between them, those that reflect the movement and the situation of the endorsements granted by the Public Treasury.

3. The Court of Auditors shall join the General Account of the State:

(a) Social Security accounts, which shall be raised, shall be brought and governed in accordance with Article 5 of the General Law on Social Security of 30 May 1974.

b) The accounts of the State Societies and other Entes that make up the State Public Sector.

Art. 133.

The account of the General Administration of the State shall comprise all budgetary, economic and treasury operations carried out during the financial year and shall consist of the following:

First. The settlement of budgets.

Second.-A demonstrative state of the evolution and situation of the securities to be charged and obligations to be paid from prior years.

Third. -A state regarding the evolution and status of the Treasury advances referred to in Article 65 of this Law.

Fourth. -A statement of the commitments of expenses acquired from future exercises, under the authorization contained in Article 61 (2) and (3) of this Law, in detail of the financial years concerned.

Fifth. -General account of Treasury, which highlights the Treasury's situation and the operations performed by it during the financial year.

Sixth. -Exercise results.

Seventh. -A state that reflects the evolution and situation of local and institutional resources administered by the Public Finance.

Eighth. -General Account of Public Debt.

Through the Order of the Ministry of Economy and Finance, the structure and development of each of the parts of the aforementioned account will be determined.

Art. 134.

To the account of the General Administration of the State will be joined:

a) A justification for the cost and performance of public services.

(b) A demonstrative memory of the degree to which the programmed objectives have been met, with an indication of the objectives and the cost of the objectives.

Art. 135.

The accounts referred to in paragraphs (b) and (e) of Article 132 (1) of this Law shall be formed by the General Intervention of the State Administration with the accounts of each of the Autonomous Bodies and other documents to be submitted to the Court of Auditors.

Art. 136.

The General Account of the State of each year will be formed before August 31 of the following and will be passed. in original, to the Court of Auditors.

Art. 137.

The Court of Auditors, by delegation of the General Courts, shall carry out the examination and verification of the General Account of the State within six months of the date on which it has surrendered. The plenary session, heard by the Prosecutor, will dictate the definitive statement that deserves it to raise it to the Chambers with the appropriate proposal, giving the government a move.

Art. 138.

State Societies shall comply with the provisions of Article 129 of this Law, within six months of the end of their social exercise, by sending authorized copies of the memory. the balance sheet, the holding and the profit and loss accounts for that financial year.

CHAPTER III

Public Sector Economic Accounts

Art. 139.

1. For national accounting purposes, the public sector shall be divided into the following subsectors:

a) Public administrations, including Social Security.

b) Public enterprises.

c) Public financial institutions.

2. The Ministry of Economy and Finance will classify the entities included in the public sector according to the definitions accepted in terms of national accounting.

3. The entities referred to in the preceding number shall provide the Ministry of Economy and Finance with the collaboration and information necessary for the development of the public sector's economic accounts, in accordance with the Integrated System of Accounts. National te España.

TITLE VII

From Responsibilities

Art. 140.

The authorities and officials of any order that, for the purpose of dolo, fault or gross negligence, adopt resolutions or carry out acts with infraction of the provisions of this Law will be bound to indemnify the Public Finance damage and damage are the consequences of those, regardless of the criminal or disciplinary responsibility that may be assigned to them.

Art. 141.

1. They constitute infractions, as determined by the preceding immediate article:

a) Haber engaged in scope or embezzlement in the administration of public funds.

b) Manage the resources and other rights of the Public Finance without being subject to the provisions governing its liquidation, collection or entry into the Treasury.

c) Commit expenses and order payments without sufficient credit to perform them or in violation of the provisions of this Law or of the Budget that is applicable.

d) Give rise to undue payments when discharging obligations or when issuing documents under the responsibility of the tasks entrusted to it.

e) Not to render the statutory accounts required or to present them with serious defects.

(f) Not to justify the investment of the funds referred to in Articles 79 and 82 of this Law.

g) Any other act or resolution with violation of this Law.

2. The offences listed in the preceding number shall, where appropriate, give rise to the obligation to compensate established in Article 140 of this Law.

Art. 142.

1. They are subject to the obligation to compensate the Public Finance, in addition to the authorities v officials who adopt the resolution or perform the determining act of that. The Interventors and computers of payments with dolo, guilt. negligence or inexcusable ignorance, which have not saved their performance in the respective file, by written observation about the Provenance or illegality of the act or resolution.

2. The responsibility of those who have participated in the resolution or in the act shall be joint, except in cases of dolo, which shall be in solidarity.

Art. 143.

In the case of Article 141 (1) (a) of this Law, liability shall be required by the Court of Auditors by means of the appropriate reimbursement procedure in accordance with the provisions of the Court of Auditors. specific legislation.

Art. 144.

1. In the cases described in paragraphs (b) to (g) of Article 141 (1) of this Law, and without prejudice to the fact that the Court of Auditors has been informed of the facts of the case, the effects of Article 141 (1) and one of the Law Organic 2/1982, the responsibility shall be required in the administrative file instructed to the data subject.

2. The opening agreement, the appointment of a Judge instructor and the decision of the file shall correspond to the Government in the case of persons who, in accordance with the law in force, have the status of authority, and the Minister for Economic Affairs. and Hacienda in other cases.

3. The resolution which, after a report by the Directorate-General of the Legal Service of the State, shall terminate the case dealt with with the hearing of the persons concerned, shall decide on the damage caused to the goods and duties of the Treasury. Public. by imposing on those responsible the obligation to indemnify in the amount and the pla? or to be determined.

Art. 145.

1. The damages declared in the files, as referred to in Articles 143 and 144 of this Law, shall be taken into account in the law of the Public Finance, shall be governed by the scheme referred to in Article 32 (1) of this Law, and shall be its collection, if any, by the award path.

2. The Public Finance is entitled to the interest provided for in Article 36, number 2, of this Law, on the amount of the scope, misappropriation, damages and damages to its assets and rights, from the day the damages are irradiated. Where the insolvency of the direct debtor derives the action from the subsidiary, the interest shall be calculated on the day on which the payment is required.

Art. 146.

As soon as news of a scope, embezzlement, damage or injury to the Public Finance is made, or the time limits specified in Article 79 of this Law have elapsed without the payment orders being justified, In the same way, the Heads of the alleged responsible persons and the authorising officers of payments, respectively, will instruct the previous measures and will adopt, with the same character, the necessary measures to ensure the rights of the Public Finance, giving immediate knowledge of the Court of Auditors or the Minister for Economic Affairs and Finance, in each case, to proceed according to their competence and in accordance with established procedures.

TITLE VIII

From budgets, intervention, and Social Security accounting

Art. 147.

1. The Social Security budget shall, with due separation, state the resources provided for the corresponding financial year and all the obligations to be met by the social security system, both in its general and in the their special schemes.

2. All revenue and expenditure of the budget shall be ordered organically and functionally in accordance with the contingencies to be covered or the benefits of the protective action to be granted, in addition to being classified-two according to economic categories and programs.

Art. 148.

1. The Ministry of Labour and Social Security, on the basis of the preliminary drafts prepared by the Gestoras and the Common Services, will form the preliminary draft budget for Social Security.

the Ministers of Labor and Social Security and Economy and Finance will raise the draft bill to the government for approval and inclusion in the draft General Budget of the State to be presented to the Congress of the Members for their examination, amendment and approval by the General Courts.

2. The preliminary draft Social Security budgets will be accompanied by the following documents:

(a) Social Security accounts and balances for the last financial year referred to in Article 5 of the General Law on Social Security.

(b) Explanatory notes to the contents of the preliminary draft and of the main amendments it makes compared to the current budget.

(c) Economic and financial report, explanatory to the estimate of revenue and expenditure, in accordance with the previous Article 2, and a demonstrative study of the cost of services.

Art. 149.

They are considered to be extensible in the amount resulting from the obligations that are recognized and liquidated according to the provisions in each applicable case, the credits that, included in the budgets of the Management Entities and Services Common, detailed below:

(a) Those intended for the payment of pensions of all kinds, allowances for temporary incapacity for work or temporary invalidity, guarantee of minimum income for mobility and for third-person assistance, benefits of family protection, regulated regulations, single deliveries, recovery subsidies, provided that in the latter two cases there are established regulations and it is compulsory and ingratiable to pay them by the Social security and its size is objectively determined.

(b) Those who support the constitution of capital-income for the payment of pensions.

c) Those intended for the payment of pharmaceutical products from medium recipes.

d) And those specified in the annual Budget Laws for each financial year.

Art. 150.

1. In the Social Security budget, the linkage of the appropriations of the classification by programmes established in Article 59, number 2 of this Law, shall be understood as referring to their groups of programmes, attended to the extent and degree of detail of its structure in that classification.

2. The limitations set out in Article 70 (b) and (c) of this Law shall be construed as referring to the total budgets of each Management Entity or Common Service, even if they are developed in a decentralised manner through the different expense centers.

3. Where the budget of the Management Entities and the Common Services of Social Security is to be carried out, some expenditure which cannot be delayed until the following financial year and does not exist in the credit, or is insufficient and not extensible, shall be If the special or supplementary credit is not supposed to increase the State's budget, the granting of one or the other shall be the responsibility of the Government, provided that the amount exceeds 2 per 100 of the budget of the the respective Management Entity or the Joint Service, or the Minister for Labour and Social Security, after a favourable report from the Ministry of Economy and Finance, if the amount of extraordinary or additional credit does not exceed that percentage, which shall be computed in the form set out in Article 64 of this Law.

4. The Minister for Labour and Social Security shall determine the appropriations for the current financial year to which the payment of obligations recognised or generated in previous years may be charged, for the purposes of the corresponding Management Entity or Service Common and prior report of the General Intervention of Social Security.

The indicated imputations should have the prior positive report of the Ministry of Economy and Finance.

Art. 151.

1. The Government, on a joint proposal of the Ministers of Labor and Social Security and Economic and Finance, will approve the rules for the exercise of the financial role in the Social Security Management Entities.

2. The Minister of Labour and Social Security, after having been informed of the Economy and Finance, shall establish the rules for the accounting of these Management Entities, in accordance with the guidelines of the general system of public accounting.

3. The General Intervention of Social Security will forward quarterly to the Congressional Budget Committees of the Deputies and the Senate information on the implementation of the budgets of the Management and Common Services Entities.

TITLE IX

Of The Territorial Authorities

Art. 152. Participation in State revenue:

1 The appropriations to make the units of the Territorial Authorities effective in the income of the State shall be considered as extensible up to the amount of the obligations to be recognised in the light of the application of the approved funding system rules for each financial year.

2. Any remaining remaining at the end of each financial year, of appropriations corresponding to the shares of the Territorial Authorities in the revenue of the State, shall be automatically entered in the budget for the following financial year, and shall have in this regard extensible, for the purposes of the final settlement of the said units for the preceding financial year.

In the event that in the final settlement referred to in the previous paragraph, the debtor balance results for some or some Territorial Authorities will proceed to the cancellation of its remaining incorporated. without prejudice to the compensation of the said debtor balance.

3. The shares of the Territorial Authorities in the income of the State of each financial year shall be made effective during the same period, by means of deliveries on account of the final liquidation carried out on the following. The amount and periodicity of such deliveries shall be. For each exercise in the General Budget Law of the State.

By way of derogation from the preceding paragraph, the creditor balances in favour of the Territorial Authorities resulting from the final settlement of their holdings in the State's income shall be effective in their all once practiced.

Art. 153. Managed grants:

When, as a result of the transfer of state services to the Autonomous Communities, these are to be managed and administered by grant credits, the following rules will be taken into account:

First. The management and administration shall be carried out in accordance with the state regulations governing each type of subsidy and, where appropriate, by the Autonomous Communities to the extent that they are competent for this.

Second. The objective criteria which serve as the basis for the territorial distribution of subsidies shall be fixed by the respective ministerial departments, heard by the Autonomous Communities, at the beginning of the financial year and will be approved by the government. In any event, the territorial distribution of the appropriations shall be fixed before 15 March of each financial year.

Third. -Without prejudice to the second preceding rule, it may be established, in cases where this is justified, general reserves of appropriations not distributed at the origin in order to cover needs or unforeseen demands throughout the budget execution.

Fourth. -The appropriations to be managed by each Autonomous Community will be delivered to you and will be effective by fourths in the second calendar fortnight of each quarter, without the exception of this rule. the payment for the first quarter, which shall be made effective as soon as the territorial allocation of the appropriations, as laid down in the previous second rule, has been effected,

When grants are for the purpose of personal and social benefits, the Autonomous Communities shall be free of the same benefits at the beginning of the month.

Fifth. -The remaining funds resulting from the end of each financial year, which are held by the Autonomous Communities, will continue to maintain the specific destination for which they were transferred and will be used in the Next year as a situation of Treasury at the origin for-the granting of new grants.

If the subsidy to which the remainder corresponds is deleted in e! budget of the following year. the first place to make effective the outstanding obligations for payment at the end of the immediately preceding financial year and the remaining non-committed shall be reintegrated into the State.

Sixth. -Finished the economic year, the Autonomous Communities will have to send to the corresponding ministerial department a comprehensive state of the recognized obligations and the payments made-two until the end of the financial year economic, by grant or managed grants.

Art. 154. Advances to the Autonomous Communities:

1. The Treasury may make advances to the Autonomous Communities on account of the resources to be received from the general budget of the State corresponding to the financial coverage of the transferred services, in order to enable them to to deal with transitional Treasury securities as a result of the differences in the maturity of payments and revenues arising from the implementation of its budget.

2. Advances shall be repaid before the end of the financial year in which they are satisfied, except where they were granted on account of the final settlement of the holding in the revenue of the State of that financial year; in which case, They shall be reimbursed simultaneously to the practice of the same, in which they shall appear as the debtor's seat.

ADDITIONAL PROVISIONS

First.

The General Intervention of the State Administration shall determine the acts, documents or files on which the financial function referred to in Articles 16 and 93 of this Law may be exercised over a sample and not about the total population.

This Centre will also determine the procedures to be applied for the selection, identification and treatment of the sample, in order to ensure the reliability and objectivity of the information and to propose the decisions that may result from the exercise of this function.

Second.

For the implementation of the annual audit plan referred to in Article 17 (3) of this Law, the collaboration of private audit firms may be sought, which shall comply with the rules and instructions which determine the General Intervention of the State Administration.

In order to obtain such collaboration, an Order of the Ministry of Economy and Finance will be required, specifying the insufficiency of the services of the General Intervention of the State Administration that justifies the collaboration.

TRANSIENT PROVISIONS

First.

All references contained in existing legal provisions to the "Treasury Debt" shall be construed as references to the "State Debt" and the "Treasury Debt" issues that are in circulation at the time of entry. In force of this Law will become the legal status of "Debt of the State". This is without prejudice to the use of the "Treasury" appeal for specific emissions of State Debt, the use of which is reserved for the State.

Second.

The rights and obligations of the economic content of the State Administration and its autonomous organizations born before the entry into force of this Law, will continue to be subject to the legislation that repeals.

Third.

The Ministry of Labour and Social Security may agree on transfers to Autonomous Communities of appropriations corresponding to the management of the functions and services that have been transferred or transferred to those in Social Security Matter.

REPEAL PROVISION

Laws that are cited in the attached tables are repealed and how many provisions are contrary to the provisions of this Law.

1. By virtue of their incorporation into the present Royal Legislative Decree they are repealed:

Law 11/1977 of 4 January, General Budget.

Additional provision 11th, paragraphs 1, 2 and 3 of Law 9/1983, of 13 July, of General Budget of the State for 1983.

Article 48, additional provisions 15 and 16 of Law 44/1983, of December 28, of General State Budgets for 1984.

Additional provisions eleventh and fifteenth of Law 50/1984 of 30 December 1985 of General Budget of the State for 1985.

Additional provisions sixteenth, seventeenth, 40th second, and 46/1985 third of Law 46/1985, of December 27, of General State Budgets for 1986.

Additional provisions eighth, ninth and 30th of Law 21/1986 of 23 December 1987 of General Budget of the State for 1987.

Article 7 (1) and (2) of Article 25. Articles 73, 84, 111, 123, 124, 130 and transitional provision 14 of the Law of 23 December 1987 of 23 December 1987 on the General Budget of the State for 1988.

2. Pursuant to the provisions of the repeal of Law 11/1977 of 4 January, General Budget, they are repealed:

Law of July 1, 1911, of Administration and Accounting of Public Finance.

Law of March 19, 1912, as soon as it conditions the application of Article 67 of the Law of 1 July 1911.

Law of July 26, 1922, of the General Budget of the State, as to its Article 51.

Royal Decree-Law of 24 January 1928, on the presumption of abandonment of constituted deposits and current accounts in respect of their first and third articles.

Royal Decree-Law of 4 February 1930, as regards the seventh article of the Royal Decree of 19 November 1929.

Law of December 18, 1950, which redrafted certain articles of the Law of July 1, 1911.

Decree-Law of December 12, 1952, relating to "qualified exception" credits.

Decree-Law of 8 November 1957, which declared certain precepts of the Law of 1 July 1911 in abeyance.

Law of December 26, 1958, on the legal status of the autonomous State Entities, in matters relating to the Public Finance.

Law of 22 July 1961, which amended Article 61 of the Law of 26 December 1958 on the legal status of autonomous State Entities.

Decree of 18 January 1962, which amended Article 66 of the Law of 1 July 1911, pursuant to Article 25 of Law 85/1961, of 23 December.

Article 3 of Decree-Law 16/1964 of 23 July; Article 3 of Decree-Law 20/1970 of 24 December, and Article 2 of Decree-Law 11/1972 of 29 December 1972 on the matters covered by this Regulation Law.

Given in Madrid to September 23, 1988.

JOHN CARLOS R.

The Minister of Economy and Finance,

CARLOS SOLCHAGA CATALAN