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Resolution Of August 27, 2013, Of The Ministry Of Tourism, Which Publishes The Agreement Of The Council Of Ministers From July 26, 2013, Amending It As Regards Financial Expenses Of The Ico And Its Financing Forecast...

Original Language Title: Resolución de 27 de agosto de 2013, de la Secretaría de Estado de Turismo, por la que se publica el Acuerdo de Consejo de Ministros de 26 de julio de 2013, por el que se modifica en lo relativo a previsión de gastos financieros del ICO y su financi...

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TEXT

At its meeting of 26 July 2013, the Council of Ministers, on a proposal from the Ministers for Energy and Tourism, and the Economy and Competitiveness Ministers adopted the agreement referred to in the title, the text of which is inserted continuation.

The regulatory regulations set out in this agreement must be published in the "Official Gazette of the State", in accordance with the provisions of article 52.1 of Law 30/1992, of November 26, of the Legal Regime of the Administrations. Public and the Common Administrative Procedure.

Consequently, I resolve to order the publication of the precise agreement in the "Official State Gazette".

Madrid, 27 August 2013.-The Secretary of State for Tourism, Isabel Maria Borrego Cortes.

AGREEMENT OF THE COUNCIL OF MINISTERS AMENDING THE AGREEMENT OF THE COUNCIL OF MINISTERS OF 29 MAY 2009, WHICH AMENDED THE REGULATORY REGULATIONS, WITH REGARD TO THE PROVISION OF FINANCIAL EXPENDITURE FOR THE ICO AND ITS FINANCING OF THE LOANS PROVIDED FOR IN THE PLAN OF RENOVATION OF TOURIST FACILITIES (PLAN RENOVÉ TURISMO 2009) OF THE MINISTRY OF INDUSTRY, TOURISM AND COMMERCE AND EXPANDED ITS ECONOMIC ENDOWMENT

The Council of Ministers by agreement adopted at its meeting of 21 November 2008 approved the implementation of a financing line for the renovation of tourist infrastructures called Plan Renove de Turismo 2009, instructing the Institute of Official Credit (ICO) for its implementation for a maximum amount of four hundred million euros (400,000,000.00 euros).

In accordance with Article 74.5 of Law 47/2003 of 26 November, General Budget, the Council of Ministers by agreement adopted at its meeting of 16 January 2009 authorised the signing of the a corresponding collaboration agreement between the Ministry of Industry, Trade and Tourism and the ICO, as well as the associated budgetary expenditure. In the execution of these agreements, on January 19, 2009, the Secretary of State for Tourism and the President of the ICO signed a collaboration agreement for the implementation of a financing line called "IC-RENOVE TOURISM 2009" with an overall allocation of four hundred million euros (EUR 400,000,000.00), assuming the commitment to pay the ICO the management costs inherent in this operation, by the Secretary of State for Tourism.

After finding success in the implementation of the line, the Council of Ministers by agreement adopted at its meeting of 29 May 2009 established a new envelope of EUR 600 billion (EUR 600,000,000.00) establishing a new form of management of the line and the liquidation of the financial costs inherent in it. Therefore, on 24 June 2009, and in implementation of the Council of Ministers ' Agreement of 29 May 2009, the Secretary of State for Tourism and the President of the ICO signed a first addendum to the Convention of 19 January 2009, in which the amended point I of the first stipulation, giving the line a total of one billion euros (1,000,000.00 euros). Similarly, the wording of point 3.15 of the third stipulation was amended, incorporating a new management fee (2,935,000) corresponding to the additional six hundred million euros (EUR 600,000,000.00). Finally, a new point 3.18 was incorporated into the third stipulation in which the Secretary of State for Tourism, in an express manner, undertook to pay for future financial costs a maximum of ninety-five million six hundred Thirty thousand euros (95,630,000.00 euros) from budget implementation 20.04,432A.742 ("The ICO for interest rates of loans granted under the Renove Tourism Plan 2009"), which was reflected in a new commitment of annuities of decreasing credit from year 2010 to 2021.

Paragraph 1 (1) (b) of the Council of Ministers Agreement of 29 May 2009 and the fifth paragraph of the Regulatory Regulation on Loans, approved as an Annex to that Agreement, after establishing the distribution by annuities " Since the aforementioned financial cost could vary if interest rates vary (...) or if the rates of consumption vary from different rates of repayment and lack, the Council of Ministers will be able to update, and where appropriate, increase those quantities in the event that the amount approved in this Agreement do not cover all costs settled by the ICO after the loans have been granted. "

According to this, the fourth paragraph of Article 3.18 of the aforementioned Convention in the wording given to it by the Addendum of 24 June 2009, provides that the parties ' shall sign the adendas which they come with in order to adapt such amounts to the actual financial costs experienced by the ICO ", in which case the amendment is required to be authorised by the Council of Ministers.

Once the credits have been granted and according to the characteristics and conditions of each of them, there have been differences between the initial forecasts of financial costs, and the financial costs actually incurred and liquidated by the ICO. In accordance with the financial cost forecast certified by the ICO on 13 February 2013, it is necessary to increase the total commitment of expenditure previously assumed by the Ministry of Industry, Energy and Tourism, as well as readjusting its annuities in order to adapt them to their foreseeable development, without prejudice to the fact that it may be revised in the future.

Moreover, in the financial year 2010 the financial expenses incurred by the ICO amounted to the figure of 22,373,417.48 euros, amount higher than the initially planned, so once the Secretary of State of Tourism has paid EUR 21,060,000.00 in 2010, an amount of EUR 1,313,417,48 was left to be entered in the ICO after payment of the annuity 2010.

This situation was again produced in the financial year 2012, in which the financial expenses incurred by the ICO amounted to the figure of 17,669,592.99 euros, a quantity higher than the initially planned, so once the Secretary of State of Tourism paid 17.170,000.00 euros in 2012, left pending to enter the ICO an amount of 499,592.99 euros after which payment would be settled the annuity 2012. This amount corresponding to the annuity 2012 and the amount outstanding of the annuity 2010 together add the amount of 1,813,010,47 euros, which it is necessary to incorporate to the annuity 2013 for its fertilizer during the same.

Therefore, the total of the updated expenditure commitment of the Ministry of Industry, Energy and Tourism in favour of the ICO now amounts to the amount of 99,497,883.36 euros instead of the initially planned 95,630,000 euros, The distribution of initial annuities should be modified in coherence with this.

It is therefore necessary to amend the specified Council of Ministers Agreement of 29 May 2009 as regards the provision of the amounts of the financial expenses of the Institute of Official Credit (ICO) to be financed by The budget of the Ministry of Industry, Energy and Tourism to adjust these amounts to the actual actual situation described in the preceding paragraphs.

By Agreement of 10 May 2013, the Council of Ministers has authorised the Ministry of Industry, Energy and Tourism to purchase expenditure commitments from future financial years to meet the costs of the implementation of this Agreement.

This Agreement has been reported at the meeting of the Government's Delegation for Economic Affairs on July 18, 2013.

In its virtue, the Council of Ministers, at its meeting on 26 July 2013, on a proposal from the Ministers for Industry, Energy and Tourism, and the Economy and Competitiveness Ministers adopted the following

AGREEMENT

First.

Point 1 (b) of paragraph 1 of the Council of Ministers Agreement of 29 May 2009 amending the Regulatory Regulation for the Loans provided for in the Facility Renewal Plan is amended. Tourism (Plan Renove Turismo 2009) of the Ministry of Industry, Energy and Tourism and is extended its economic envelope, which is worded as follows:

" 1.1.b) Liquidation by the ICO of the financial costs incurred by the collection of the funds it channels towards the financial institutions to deal with the granting of loans to the beneficiaries under the Renove Plan. Amount: EUR 99,497,883,36, under budget implementation 20.04,432A.742, or equivalent to replace it, from the Ministry of Industry, Tourism and Trade for the financial years 2010 to 2021 with the following breakdown by annuities:

Year 2010: EUR 21,060,000.00.

Year 2011: € 17,812,043.22.

Year 2012: EUR 17,170,000.00.

Year 2013: 15.700,088.07 euros.

Year 2014: 10.364.722.53 euros.

Year 2015: 6.950.279.25 euros.

Year 2016: 4,404,232.52 euros.

Year 2017: EUR 2,323,569.54.

Year 2018: EUR 1,727,076.65.

Year 2019: 1.130.583.59 euros.

Year 2020: EUR 598,841.74.

Year 2021: EUR 256,446.25.

Total 2010-2021: EUR 99,497,883.36.

Since the above mentioned financial cost could vary if interest rates vary over the course of 2009, or if the rates of consumption of the different modalities of repayment and lack of interest vary, the Council of Ministers may update, and if necessary increase these amounts, in the event that the amount approved in this Agreement does not cover all costs cleared by the ICO after the loans have been granted. "

Second.

Point 4 of the fifth paragraph of the Annex to the Council of Ministers Agreement of 29 May 2009 amending the Regulatory Regulation for the Loans provided for in the Facility Renewal Plan is amended Tourism (Plan Renove Turismo 2009) of the Ministry of Industry, Energy and Tourism and is extended its economic envelope, which is worded as follows:

" 4. The financial expenses incurred by the ICO for obtaining financing on the markets will be financed from the budget application 20.04.4.32A.742 ("The ICO for interest rates on loans granted under the Renove Tourism Plan"). 2009 "), or equivalent to replace it, from the expenditure budget of the Ministry of Energy and Tourism.

Such expenses are estimated in the amount of 99,497,883.36 euros, during the financial years 2010 to 2021 with the following breakdown by annuities:

Year 2010: EUR 21,060,000.00.

Year 2011: € 17,812,043.22.

Year 2012: EUR 17,170,000.00.

Year 2013: 15.700,088.07 euros.

Year 2014: 10.364.722.53 euros.

Year 2015: 6.950.279.25 euros.

Year 2016: 4,404,232.52 euros.

Year 2017: EUR 2,323,569.54.

Year 2018: EUR 1,727,076.65.

Year 2019: 1.130.583.59 euros.

Year 2020: EUR 598,841.74.

Year 2021: EUR 256,446.25.

Total 2010-2021: EUR 99,497,883.36.

Given that the aforementioned financial cost could vary if interest rates vary, or if the percentages of consumption of the different modalities of repayment and lack of time vary, the ICO will inform the Ministry of Industry Energy and Tourism the adjustments that can be made in the said breakdown, in order to be carried out by the Council of Ministers to update, and if necessary increase those amounts in the case of the amount initially is not intended to cover all costs cleared by the ICO. '