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Royal Decree 490/1988, On May 6, Delimitation Of The Zone Of Economic Development Of Cantabria.

Original Language Title: Real Decreto 490/1988, de 6 de mayo, de delimitación de la Zona de Promoción Económica de Cantabria.

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TEXT

Once the master lines of the reform of the regional incentive system have been seated by Law 50/1985 of 27 December, and the Regulation that develops it, approved by Royal Decree 1535/1987, of 11 December, is reached the time to use this new instrument of regional development by delimiting an area covering the territory of the Autonomous Community of Cantabria, except for the territory in which the declining industrial zone is created.

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 provided with the necessary regulations for the type III economic promotion zones, as long as the qualification accepted by the European Economic Community remains. It may vary if it is amended. The ceiling for the subsidy to be applied to a particular project accepted in those economic promotion zones of type III shall be 30 per 100 of the total investment, without exceeding the maximum ceilings by cumulation. legally provided.

On the other hand, a much more active presence of the Autonomous Communities that is based on the current configuration of the State of the Autonomies is introduced with the introduction of the new system of regional incentives.

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 Cantabria, at the same time that it is invented to influence the development of its endogenous potential to reduce the differences that exist. both within its territory and in respect of other territories of the State.

By virtue of all this, the actions of the Governing Council and the Autonomous Community provided for in Article 5, numbers I and 2 of Royal Decree 1535/1987 of 11 December 1987, and in accordance with the provisions of the Law, are fulfilled. 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. °

In accordance with the provisions of Royal Decree 1535/1987 of 11 December 1987, for which the Regulation of Law 50/1985 of 27 December 1985 is adopted, the economic promotion zone of Cantabria is created, comprising the territory of the of the Autonomous Community with the exclusion of the municipal terms included in the declining industrial zone of Cantabria and is classified as a type III zone.

Art. 2. °

1. The regional incentives which may be granted in that area may not exceed the maximum rate of 30 per 100 on approved investment. In any case, this ceiling shall apply only in the priority areas referred to in the following

.

2. No project benefiting from regional incentives under this Royal Decree will be able to receive other financial support. whatever their nature and the body or administration which grants them except those which are deducted from Article 16 of Royal Decree 1535/1987 of 11 December 1987 which, in addition to those laid down in this Regulation, exceed the limits laid down in this Regulation. on the concurrence of financial aid referred to in Article 14 of that Royal Decree for areas of type III.

Art. 3. °

In the economic promotion zone of Cantabria, 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 Cantabria are as follows:

− Correct the economic and social imbalances of Cantabria.

-To boost the region's endogenous development potential, with special support for small and medium-sized enterprises.

− Favour an adequate development of the business structure, improving its technological level.

To promote integrated development of the different productive sectors.

Art. 5. °

1. The plan of validity of this zone of economic promotion, for the purposes of applying for the financial aid that is determined in this Royal Decree, is initiated with the entry into force of the same, and will end when the government determines in the view the results achieved and the degree of compliance with the intended objectives.

2. The delimitation of the areas defined as priorities in the Annex may be amended in accordance with their socio-economic development and on a proposal from the Governing Council by the Ministry of Economy and Finance in agreement with the Autonomous Community.

Art. 6. °

Regional incentives which may be granted to applicants who carry out investment projects with the present area and meet the requirements of the Regulation approved by Royal Decree 1535/1987 of 11 December 1987, and In this Royal Decree of delimitation, they will consist of grants to lost fund on the approved investment.

Art. 7. °

1. For the purposes set out in Article 7 of the Regulation adopted by Royal Decree 1535/1987 of 11 December 1987, the following shall be eligible

:

-(extractive and transformative industries, especially those that apply advanced technologies or use alternative energies.

− Agri-food industries, aquaculture and processing of fishery products, respecting the sectoral criteria set out in Royal Decree 1462/1986 of 13 June.

− Industrial support services and those that significantly improve commercial structures.

− Establishments of hotel accommodation or rural tourism, tourism camps, tourist facilities complementary to leisure of special interest and other specialized tourist offers with impact on the development of the zone.

2. Excluded sectors shall be 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 grant regional incentives to the Rector Council, exceptionally and in advance of the Rector's report. projects which, not being included in the above sectors, contribute significantly to the achievement of the objectives referred to in Article 4 of this Royal Decree.

In any case, account will be taken of the existing EEC standards and criteria for the textile and clothing sectors, synthetic steel fibres, shipbuilding and any other that may 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. °

1. Regional incentives may be granted in the economic promotion zone of Cantabria, 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 whose amount is significant in relation to the Company's net material assets and in any event, greater than 15,000,000 pesetas, provided that they increase production capacity and generate new jobs.

c) Modernization projects whose approved investment is significant in relation to the Company's net material assets, which must be in any case equal to or greater than 45,000,000 pesetas, provided that they represent an increase sensitive to productivity, involve the acquisition of technologically advanced machinery and maintain a level of employment.

2. Regional incentives may also be granted in the case of relocation projects, as defined in Article 8.4 of Law 50/1985, provided that new investments are made which involve at least the doubling of the value of the net tangible fixed assets at the time of filing of the application.

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. °

Investment projects which are intended to benefit from the benefits provided for in this economic promotion zone must also 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 the provisions of Article 10 Royal Decree 1535/1987 of 11 December 1987, it may be considered as incentive investments to invest in the following concepts:

− Acquisition of land needed for project implementation.

− Traids and Services Trap.

− Urbanization and external works appropriate to project needs.

− 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 assets in: Process machinery, electricity services, thermal generators, drinking water supply, internal transport elements, special external transport vehicles, measurement and control equipment, safety installations, sewage treatment, environmental protection facilities and other equipment linked 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 which are made by means of deferred payment or leasing arrangements may be approved only if, at the time of to submit the corresponding request for the incentives, by the applicant the obligation to buy the assets within the duration of the regional incentives is assumed, understood as the deadline set for the execution of the (a) project and compliance with the conditions under which it is to be resolved; individual notification of the benefits granted.

3. In no case shall it be included among the investment concepts on which the recoverable VAT 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 enlargement, 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.

− In the areas defined as priorities, which are included in the Annex to this provision, the percentage of the subsidy that would correspond to the project for the application of the above criteria will be increased by 20 per 100, always respecting the maximum limit laid down in Article 2 of this Royal Decree. The final percentage that results will be rounded to an integer.

Art. 12.

The functions of the Autonomous Community referred to in Article 23.1 of that Regulation shall be exercised by the organs 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 shall declare the public aid that it 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 75,000,000 pesetas, the competent authority of the Autonomous Community of Cantabria will forward to the Directorate-General of Regional Economic Incentives, in (c) a proposal for the assessment of the project and the adequacy of the project as set out in this Royal Decree, as set out in Article 24 of Royal Decree 1535/1987.

− The individual decision to grant or refuse regional economic incentives shall be notified to the person concerned by the Directorate-General for Regional Economic Incentives through the competent authority of the Autonomous Community. from Cantabria.

-The organ of the Autonomous Community of Cantabria may accept modifications in the different budget items of the incentive investment provided that the modification, in more or less, does not exceed 10 per 100 of each This is not the case for any 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 Cantabria shall forward to the Directorate-General for Regional Economic Incentives a report the development of the projects so that they can monitor the proper implementation of the regional incentives and in order to provide the Council with regular information on the aid.

TRANSIENT DISPOSITION

Notwithstanding the provisions of the third final provision and in respect of the territories that make up the economic promotion zone of Cantabria, the file in processing in the large area of industrial expansion of Castilla-León will continue to be governed by the provisions under which they are requested and by those of general application in the large areas, even if the administrative bodies which are dealt with are those provided for in Law 50/1985, 27 of December, the 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. (b) and (c), and 13, second subparagraph, 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 large area of industrial expansion of Castilla-Leon in respect of the Autonomous Community of Cantabria and therefore, and in this territory, is closed. exclusively, the following provisions are repealed:

− Royal Decree 2620/1979 of 11 October ("Official State Gazette" number 274 of 15 November).

− Royal Decree 1487/1981, of June 19 ("Official State Gazette" number 174, July 22).

− Any other disposition 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

Sal Header.

Laredo.

Pielagos.

Cartes.

Polanco.

Castro-Urdials.

Reocin.

San Felices from Buelna.

Laredo.

San Vicente de la Barquera.

de Cudeyo.

Santander.