Key Benefits:
Once the master lines of the reform of the system of Regional Incentives by Law 50/1985, of 27 December, and the Regulation that develops it, approved by Royal Decree 1535/1987, of December 11, it is arrived the time to use this new instrument of regional development by delimiting an area covering the territory of the Autonomous Community of Asturias, except for the territory in which the Industrialised Zone is created in Declive.
into account the economic and social situation in the region and the delimitation of assisted areas with a regional objective accepted by the Commission of the European Community, the scheme of incentives has been considered Regional and local authorities should be included in the regulations governing the Economic Promotion Areas of type lI and III, as a subsidiary, to be accepted by the European Economic Community, and may vary if the latter is modifies. The ceiling for the subsidy, which shall be applicable to a particular project accepted in those Economic Promotion Zones of type II and III, shall be 40 per 100 and 30 per 100 of the total investment, without exceeding the ceilings. Legally provided accumulation maximums.
Moreover, with the introduction of the new system of regional incentives, a much more active presence of the Autonomous Communities is introduced, which is based on the current configuration of the State of the Autonomies.
With this new system of regional incentives, which wants to be more agile and coordinated with the other instruments of regional economic development policy, we intend to promote a more harmonious and balanced distribution of the economic activities within the Autonomous Community of Asturias, at the same time as it is intended to influence the development of its endogenous potential to reduce the differences that exist both within its territory and with respect to other territories of the State.
By virtue of all of this, the actions of the Rector Council and the Autonomous Community provided for in Article 5 (1) and (2) of Royal Decree 1535/1987 of 11 December 1987, and in accordance with the provisions of the Law 50/1985, of 27 December, and in the aforementioned Royal Decree, on a proposal from the Minister for Economic Affairs and Finance and after deliberation by the Council of Ministers at its meeting of 6 May 1988,
DISPONGO:
Article 1. º
According to the provisions of Royal Decree 1535/1987, of 11 December, for which the Regulation of Law 50/1985 is approved, of 27 December, the Economic Promotion Zone of Asturias is created which comprises, as a zone of Economic Promotion of type III, Ios municipalities of Aviles, Castrillon, Corvera de Asturias, Cudillero, Gozon, Illas, Muros de Nalon, Pravia, Soto del Barco, Carreño, Gijón, Villaviciosa, Llanera, Norena, Oviedo, Sariego and Siero, and as a type II zone the rest of the territory of the Autonomous Community, excluding the municipal terms included in the the Industrialized Zone in Decline of Asturias.
Art. 2. º
1. The regional incentives which may be granted in that area may not exceed the maximum percentage of 40 per 100 in zone II and 30 per 100 in zone III on approved investment.
In any case, these maximum limits shall only apply in the priority areas referred to in the following Article.
2. No project benefiting from regional incentives under this Royal Decree may receive other financial aid, whatever its nature and the body or administration which grants them, except those referred to in Article 16 of the Treaty. Royal Decree 1535/1987 of 11 December 1987, which, in addition to those provided for in this Regulation, exceeds the limits on the concurrency of financial aid referred to in Article 14 of the said Royal Decree for areas of type II and of type Ill.
Art. 3. °
In the Economic Promotion Zone of Asturias, priority areas will be indicated in the annex to this Royal Decree.
Art. 4. °
The objectives to be achieved with the creation of the Economic Promotion Zone of Asturias are as follows:
Correcting economic and social imbalances with particular attention to raising the standard of living in especially depressed areas.
To foster new structures in the production and marketing apparatus that reduce the dependence of SMEs on large companies in crisis.
Promote the creation of new industrial enterprises based on R & D projects and, in general, technological innovation and industrial design.
Boosting the endogenous potential and developing industrial infrastructure, respecting the environment.
Art. 5. º
1. The term of validity of the present Economic Protection Zone, for the purposes of applying for the financial aid that determines in this Royal Decree. It starts with the entry into force of the same and will end when the Government determines in the view of the results that are achieved and the degree of compliance with the intended objectives.
2. The delimitation of the areas defined as priorities in the Annex may be modified, in accordance with their socio-economic development and on a proposal from the Rector Council, by the Ministry of Economy and Finance in agreement with the Autonomous Community.
Art. 6. º
Regional incentives which may be granted in this area to applicants carrying out investment projects meet the requirements of the Regulation adopted by Royal Decree 1535/1987 of 11 December 1987 and in the This Royal Decree of Delimitation shall consist of grants to a lost fund on approved investment.
Art. 7. º
1. For the purposes set out in Article 7 of the Regulation adopted by Royal Decree 1535/1987 of 11 December 1987, the following are eligible
:extractive and transformative industries, particularly those of advanced technology, with special attention to power generation and saving.
Agri-food and aquaculture industries in compliance with the sectoral criteria set out in Royal Decree 1426/1986 of 13 June.
Industrial support services and those that significantly improve commercial structures.
Hotel accommodation establishments, tourist camps, rural tourism accommodation, complementary leisure facilities of special interest, as well as other offers for specialized nature tourism, nautical, (c) the development of the area.
2. The excluded sectors are those not mentioned in the preceding paragraph, however, the competent bodies provided for in Article 27 of the Regulation adopted by Royal Decree 1535/1987 of 11 December 1987 are entitled to exceptionally and subject to the report of the Rector Council, they may grant regional incentives to projects which, not being included in the above sectors, contribute significantly to the achievement of the objectives referred to in Article 4 of this Regulation. Royal Decree.
In any case, account will be taken of the existing EEC standards and criteria for the textile and clothing sectors, synthetic fibres, steel, shipbuilding and any other that can be considered sensitive.
3. By agreement of the Governing Council, restrictions on activities included in the promotable sectors may be established in accordance with the economic policy guidelines.
Art. 8. º
1. The regional incentives, in the Asturias Economic Promotion Zone, may be granted to the applicant companies carrying out investment projects of the following types and dimensions:
(a) Projects for the creation of new establishments, as defined in Article 8.2 of the Regulation, with an approved investment exceeding 15,000,000 pesetas, provided they generate new jobs.
(b) Enlargement projects, as defined in Article 8.3 of the Regulation, with an approved investment the amount of which is significant in relation to the firm's net material assets and, in any case, higher than 15,000,000 pesetas, provided that they represent an increase in production capacity and generate new jobs.
(c) Modernisation projects whose approved investment is significant in relation to the fixed assets net material of the undertaking which must be, in any case, equal to or greater than 45,000,000 pesetas, provided that they represent a A significant increase in productivity, involves the acquisition of technologically advanced machinery and the level of employment is maintained.
2. Regional incentives may also be granted in cases of transfer projects as defined in Article 8.4 of the Regulation of Law 50/1985. provided that new investments involving at least double the value of the net tangible fixed assets at the time of the filing of the application are made.
The costs of dismantling, moving and assembling the facilities will be considered as incentives for the purposes of Article 10 of this Royal Decree.
Art. 9. º
Investment projects that intend to benefit from the benefits provided for in this Economic Promotion Zone must meet the following requirements:
Be technically, economically and financially viable.
Self-financing at least 30 per 100 of your approved investment. A higher percentage may be required depending on each project.
Not having started the investment before applying for regional incentives.
Art. 10.
1. in accordance with Article 10 of Royal Decree 1535/1987 of 11 December 1987, the following concepts may be considered as incentive investments:
Acquisition of land needed for project implementation.
Traids and service connections.
Urbanization and external works suited to the needs of the project.
Civil work in: Offices, laboratories, social and health services of personnel, storage of raw materials, production buildings, industrial service buildings, storage of finished products and other works linked to the project.
Equipment in: Process machinery, electricity services, thermal generators, drinking water supply, internal transport elements, special vehicles for external transport, measurement and control equipment, security installations, sewage treatment, environmental protection facilities, and other equipment related to the project.
Planning, project engineering, and optional job management jobs.
Other investments in tangible fixed assets.
Research and development (R & D) carried out by the Company itself, and other intangible assets linked to the investment requested in amounts not exceeding 20 per 100 of the total investment approved for the project.
2. For the purposes of the last subparagraph of Article 10 (2) of the Regulation, investments made by means of deferred payment or leasing arrangements (leasing) , they may be approved only if, at the time of filing the corresponding request for the incentives, the obligation to buy the assets within the period of validity of the regional incentives is assumed by the applicant. as the time limit for the execution of the project and the fulfilment of the conditions under which it is to be carried out, in the relevant individual notification of the benefits granted.
3. In no case shall the recoverable VAT be included among the investment concepts on which regional incentives may be granted.
Art. 11.
For the assessment of projects that meet the requirements set out in the existing provisions, the following criteria will be used:
The amount of the grant shall be related to the total amount of the investment accepted with the number of jobs created and with the project class concerned (first establishment or extension). modernization or transfer).
The use of productive factors in the area, the rate of added value and, where appropriate, the increase in productivity, the incorporation of the advanced technology project and the dynamising nature of the project for the economy of the area.
Art. 12.
The functions of the Autonomous Community, as referred to in Article 23.1 of that Regulation, shall be exercised by the Bodies or Entities designated by the Autonomous Community itself to this end.
Art. 13.
The procedure for administering and managing regional incentives will be provided for in Chapters V to VIII of Royal Decree 1535/1987 of 11 December 1987, and in the provisions which the Minister will give in general. Economic and Finance to this effect, with the following particularities:
The applicant must declare the public aid that he has requested or obtained for the same project, both at the start of the file and at any procedural moment in which it occurs.
In projects whose investment in incentive fixed assets is less than 75 million, the competent authority of the Autonomous Community of Asturias will forward to the Directorate-General for Regional Economic Incentives, instead of (c) of those referred to in Article 24 of Royal Decree 1535/1987, a proposal for the assessment of the project and the adequacy of the project as set out in this Royal Decree.
The individual decision granting or delegation of regional economic incentives shall be notified to the person concerned by the Regional Economic Incentive Directorate through the competent authority of the Autonomous Community. from Asturias.
The Authority of the Autonomous Community of Asturias may accept modifications to the various budget items of the incentive investment, provided that the modification in more or less does not exceed 10 per 100 of each item and that does not lead to a change in the total amount of the incentive investment.
In order to comply with the provisions of Article 33 of Royal Decree 1535/1987 of 11 December 1987, the Autonomous Community of Asturias shall forward to the Directorate-General for Regional Economic Incentives a report on the development of projects, in order to ensure that the projects can be monitored properly and in order to provide the Governing Council with regular information on aid.
TRANSIENT DISPOSITION
By way of derogation from the third final provision, the files on the processing of the Polo de Desarrollo Industrial de Oviedo will continue to be governed by the provisions under which they are requested and General application in the Industrial Development Polos, even if the administrative bodies which deal with them are those provided for in Law 50/1985 of 27 December, its Regulation adopted by Royal Decree 1535/1987 of 11 December 1987 and other rules concordant.
FINAL PROVISIONS
First.
The Minister of Economy and Finance is hereby authorized to make the necessary provisions for the development and implementation of this Royal Decree, as well as to amend the quantitative limits provided for in Articles 8, 1, a), b) and (c), and 13, second indent, where circumstances advise.
Second.
This Royal Decree will enter into force the day after its publication in the "Official State Gazette".
Third.
The deadline for the submission of new applications to the benefits of the Industrial Development Pole of Oviedo is closed and, for these purposes, the Royal Decree 1520/1981 of 1 June 1981 ("Official Journal of the European Union") is repealed. State " number 176, July 24), as well as any other provision of equal or lower rank that objects to the content of this Royal Decree.
Given in Madrid to May 6, 1988.
JOHN CARLOS R.
The Minister of Economy and Finance,
CARLOS SOLCHAGA CATALAN
ANNEX
Priority zones
Type II zone
Taramundi. | |
Martin of Oscos. | Vegadeo. |
San Tirso of Abres. | Oscos Villanueva. |
Santa Eulalia. |
|
Type III zone
Avils. | Nalon Walls. |
Carreno. |
Norea. |
Castrillon. | Oviedo. |
Corbera de Asturias. | Pravia. |
Sariego. | |
Siero. | |
Gozon. | Soto del Barco. |
Ilas. | Villaviciosa. |
Llanera. |
|