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Royal Decree 294/2013, April 26, Which Regulates The Direct Award Of Grants For The Acquisition Of Electric Vehicles By 2013, In The Framework Of The Integrated Strategy For The Promotion Of The Electric Vehicle In Spain 2010-2014.

Original Language Title: Real Decreto 294/2013, de 26 de abril, por el que se regula la concesión directa de subvenciones para la adquisición de vehículos eléctricos en 2013, en el marco de la Estrategia integral para el impulso del vehículo eléctrico en España 2010-2014.

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TEXT

The Comprehensive Strategy for the Impulse of the Electric Vehicle 2010-2014 highlighted the need for a series of actions to promote the development and use of electric vehicles.

This initiative emerged with the conviction that this transport technology represents, in the current economic context, a challenge and an opportunity for several strategic sectors such as energy, automotive and of information and communications technologies, both from an industrial and technological point of view, as well as energy and the environment.

Among the measures contained in the first Action Plan 2010-2012, the direct aid set out in Royal Decree 648/2011 of 9 May 2011, which regulates the direct grant of subsidies for the the acquisition of electric vehicles during 2011, in the framework of the Plan of Action 2010-2012 of the Integral Plan of Impulse to the Electric Vehicle in Spain 2010-2014.

Royal Decree 1700/2011 of 18 November amended Royal Decree 648/2011 of 9 May 2011 governing aid for the purchase of electric vehicles, extending the period for the admission of applications to the 15 December 2011 and from 1 January to 30 November 2012, with an allocation of up to EUR 49 million in 2012.

The measures taken to ensure fiscal consolidation led the government to modify the amount of aid provided for in the period of extension of the aid, fixing it by up to EUR 10 million, by Royal Decree 417/2012 of 24 February, amending Royal Decree 648/2011 of 9 May 2011.

The incentives for electric vehicles in the last two years have helped to promote the acquisition of about 5,000 electric vehicles, which will enable them to avoid, over the useful life of these vehicles, the issuance of 75,000 tons of CO2 and the savings in that period of 150,000 barrels of oil.

The above measures have also significantly boosted the market, with an offer of passenger cars that has multiplied by two compared to 2011, that of vans by four and in terms of quadricycles already exist on the market a scores of different models.

As far as motorcycles are concerned, there is currently a higher offer which contributes to environmental and energy efficiency improvements planned, with competitive costs, so it is not considered so. need to maintain support for this type of vehicle.

The CARS 21 High Level Group at the European Union (EU) level, which adopted its final report in June 2012 on the competitiveness and sustainable growth of the automotive industry in the EU, puts a special emphasis on electromobility and, in particular, in the promotion of the electric vehicle.

Currently in Spain the transport sector is the main consumer of final energy, about 38 percent of the national total, as well as responsible for 29 percent of total CO emissions2. Transport by road is mainly supplied with petroleum products, imported practically in full, which contributes to our external energy dependence being close to 80 per cent, far superior to the European average.

For all of this, the impulse measures for electric vehicles do not only aim to promote more efficient and environmentally friendly technologies, it is also to facilitate a greater use of this type of vehicles for the purpose of contributing to a better use of renewable energy, to encourage the reduction of emissions at the points of greater concentration of the same and to reduce the dependence of the petroleum products, as well as the opportunity to place Spain in a place highlighted in a clearly emerging market.

The road to achieving the objectives mentioned is already started but to achieve its success it is important to promote the greater use of the electric vehicle in Spain, therefore it is considered necessary to extend the program of aids in Spain 2013, for which a budget of EUR 9,893,330.56 is foreseen.

In this Royal Decree of State aid for the financial year 2013 the objectives and most of the requirements laid down in the Royal Decrees 648/2011, of 9 May, 1700/2011, 18 November and 417/2012, of 24 are maintained. February, but the following modifications are introduced:

Motorcycles of the categories of vehicles subject to subsidy have been excluded for the above reasons. Similarly, in order to focus efforts on private investment and stimulus, and taking into account the current scenario of budgetary constraints of public administrations, the typology of beneficiaries has been limited. natural persons, self-employed professionals and private companies.

A fixed amount is set for light quadricycles L6e and heavy quadricycles L7e, while for the other vehicles the amount of the aid is fixed on the basis of its autonomy.

Another amendment concerns the abolition of the increase in aid in the event of acquisition by the same beneficiary of more than one vehicle.

A new system for the management of aid is also established, which will be carried out directly between the applicant and the Ministry of Industry, Energy and Tourism through the Directorate-General for Industry and SMEs, not Therefore, there is a contributing entity. Payment of the aid shall be made directly to the beneficiary once the competent authority has issued a decision to grant the aid. Finally, in this royal decree there is still the possibility of registering files for vehicles pending registration.

The aid regulated in this royal decree is established as a right of the petitioner who fulfils the conditions for his concession, that is, he does not compete with any other to obtain them, since for the mere fact the behaviour set out in the standard and meet the conditions and conditions required, the subsidy must be granted provided that the aid previously granted has not exceeded the amount of EUR 9,893,330,56, determines that they are procedures initiated at the request of the data subject, as opposed to the competitive competition procedure, which is a procedure that is initiated on its own initiative in accordance with Article 23 of Law 38/2003 of 17 November, General of Grants. This does not make it possible to call for aid to be granted to the acquisition of the electric vehicle.

There are peculiar reasons of public, social and economic interest for the Ministry of Industry, Energy and Tourism to carry out the electric vehicle's impulse actions by granting direct subsidies. This aid is therefore applicable to the aid provided for in Article 22.2.c of Law 38/2003 of 17 November, General of Grants, relating to aid under direct concession, and a royal decree is required which, in accordance with the provisions of the with Article 28 (2) of that law, approve the special rules of the subsidies referred to in Article 22 (2) (c)

This royal decree is a continuation or extension of the Royal Decree 648/2011, of May 9, which was submitted to the procedure of information in the field of technical norms and regulations and regulations concerning the services of the the information society, regulated in Royal Decree 1337/1999 of 31 July, for the purpose of complying with the provisions of Directive 98 /34/EC of the European Parliament and of the Council of 22 June, as amended by Directive 98 /48/EC of the European Parliament and of the Council European Parliament and the Council of 20 July. On the basis of Article 8.1 (3) of Directive 98 /34/EC, a new notification is not necessary, since the present Royal Decree does not make any significant changes to the scope of the Directive, nor does it add new specifications. or requirements.

This royal decree is dictated by the state competence in the field of bases and coordination of the general planning of economic activity provided for in Article 149.1.13. of the Constitution.

In its virtue, on the proposal of the Minister of Industry, Energy and Tourism, prior to the report of the Ministry of Finance and Public Administrations and after deliberation of the Council of Ministers, at its meeting of April 26, 2013,

DISPONGO:

Article 1. Object and scope of application.

1. It is the object of this royal decree to regulate the direct grant of aid for the purchase of new electric vehicles, understanding as such those whose propulsion power comes, wholly or partly, from electricity their batteries, charged through the electrical grid.

The purpose of such aid, which will be in the form of grants, is to facilitate and encourage the development of electric mobility for its contribution to the improvement of the transport sector, to an improvement in efficiency energy, environmental improvement and less dependence on oil.

2. The aid referred to in this royal decree will be granted to the acquisitions of new electric vehicles or financing operations by leasing and leasing by renting or operating leasing of these vehicles on condition that the the contract has a minimum duration of two years, where such acquisitions and operations occur from 1 January 2013 and applications are recorded in the electronic grant management system from the opening of the system up to 31 October 2013 in the case of vehicles registered or 31 August for vehicles pending registration, or even the exhaustion of the funds if this circumstance occurred before.

Article 2. Beneficiaries.

1. In the case of acquisitions or financial leasing, the holder of the registration registered in the database of the General Directorate of Traffic is understood to be the beneficiary for the purposes of this royal decree.

In the case of operating leasing or leasing operations the beneficiary will be the renter of the operating lease or lease.

2. They may be beneficiaries of the aid provided for in this royal decree:

a) The self-employed professionals, who will have to be discharged in the Economic Activities Tax (IAE).

(b) Natural persons resident in Spain not covered by paragraph (a).

(c) Private companies, validly incorporated in Spain at the time of filing, and of a legal nature such that their Tax Identification Code (CIF) begins with the letters A, B, C, D, F, N or W.

3. Persons or entities in whom one of the circumstances listed in Article 13 (2) and 3 (3) of Law 38/2003 of 17 November, General of Grants, shall not have the status of beneficiaries. The non-concurrence of these circumstances shall be credited by the applicant's responsible declaration.

4. Undertakings which are subject to a recovery order pending after a prior decision of the Commission which has declared unlawful or incompatible aid with the common market shall not be eligible for the status of beneficiaries.

Article 3. Eligible concepts.

1. The aid will be applied for the acquisition and financing of financing by leasing and leasing or operating leasing of new electric vehicles registered for the first time in Spain, and of some of the categories which are listed below.

Those categories, as defined in Directive 2007 /46/EC of the European Parliament and of the Council of 5 September 2007 establishing a framework for the approval of motor vehicles and their trailers, systems, components and separate technical units intended for such vehicles and in Directive 2002/24/EC of the European Parliament and of the Council of 18 March 2002 on the approval of two or three-wheel motor vehicles, incorporated into the Spanish law by Royal Decree No 2028/1986 of 6 June 1986 laying down rules for the Application of certain directives of the EEC relating to the type-approval of types of motor vehicles, trailers and semi-trailers, as well as parts and parts of such vehicles, are as follows:

(a) M1 Turisms: motor vehicles intended for the transport of persons having at least four wheels and having, in addition to the driver's seat, eight seats at the most.

(b) Vans N1: motor vehicles intended for the carriage of goods having at least four wheels with a maximum permissible mass (MMA) of 3,500 kg or less

(c) Bus or coach M2: vehicles intended for the transport of persons in addition to the driver's seat more than eight seats and with an MMA of less than 5,000 kg.

(d) Bus or coach M3: vehicles intended for the transport of persons in addition to the driver's seat more than eight seats and with an MMA of more than 5,000 kg.

e) Furgons N2: motor vehicles intended for the carriage of goods having at least four wheels with an MMA of more than 3,500 kg and less than 12,000 kg.

(f) L6e light cycles: four-wheel cars with a vacuum mass of not more than 350 kg, not including the mass of the batteries for electric vehicles, and the maximum net engine power of which is less than or equal to 4 kW and the maximum speed not exceeding 45 km/h.

g) L7e heavy quadricycles: four-wheel motor vehicles with a vacuum mass of 400 kg or more or 550 kg in the case of vehicles intended for the carriage of goods, not including the mass of the batteries for vehicles electrical, and the maximum net engine power of which is less than or equal to 15 kW.

2. Aid for the purchase of a new vehicle, as provided for in this Royal Decree, shall be granted for one time without duplicity in the case of successive transmissions of the same vehicle.

Article 4. Amount of aid.

1. Depending on the vehicle to be acquired and its autonomy in exclusively electric operating mode (autonomy that gives the capacity of the batteries), the following individual amounts of aid are established:

(a) The amount of the subsidy for all vehicles of categories M1 and N1 which are powered by batteries, fully or partially loaded with electricity from the network, shall be:

i. EUR 2,500 for vehicles with exclusively electric autonomy not exceeding 40 Km and not less than 15 Km.

ii. EUR 3,500 for vehicles with exclusively electric autonomy of more than 40 Km and less than or equal to 90 Km.

iii. EUR 5,500 for vehicles with exclusively electric autonomy exceeding 90 Km.

Autonomy means the distance capable of travelling the vehicle using exclusively the energy accumulated in its batteries and declared by the manufacturer in the commercial documentation of the vehicle.

b) The acquisition of M2 and commercial vehicles N2 will be the subject of a grant of 8,000 euros, provided that their autonomy in exclusively electric regime (autonomy that gives the capacity of charge of the batteries) is greater than 60 km.

(c) The purchase of M3 buses and coaches will be the subject of a grant of EUR 20,000, provided that their autonomy under exclusively electric arrangements (autonomy which gives the capacity to charge the batteries) is higher than 60 km.

d) L6e light quadricycles will have a vehicle grant of 1,800 euros and the heavy quadricycles L7e of 2,200 euros per vehicle.

2. In the case where the beneficiary carries out a business activity as referred to in Article 2.2 (a) or (c), the maximum amounts fixed in this Article may be reduced in application of the limits laid down in the Regulation. Commission Regulation (EC) No 1998/2006 of 15 December 2006 on the application of Articles 87 and 88 of the Treaty to aid for the de minimis, by Commission Regulation (EC) No 1535/2007 of 20 December 2007 on the application of Articles 87 and 88 of the Treaty to the aid of the de minimis in the production sector of agricultural products, as well as by Commission Regulation (EC) No 875/2007 of 24 July 2007 on the application of Articles 87 and 88 of the Treaty to the aid of the de minimis in the fisheries sector and amending the Regulation (EC) No 1860/2004.

3. In accordance with the abovementioned Regulations (EC) 1998/2006, 1535/2007 and 875/2007, the amount of the subsidy accumulated to those that they have received for the concept of de minimis in the financial year 2013 and in the two previous years may not exceed of the amount of EUR 200 000, of EUR 100 000 for undertakings operating in the road transport sector, of EUR 30 000 for undertakings engaged in the production, processing and marketing of fishery products or EUR 7,500 for companies operating in the production of agricultural products. Undertakings engaged in the processing and marketing of agricultural products shall be subject to the general limit of EUR 200,000.

4. The electronic application form includes a box where the applicant declares that he does not exceed the limits set in the previous paragraph.

Article 5. Concession and financing arrangements.

1. These grants will be granted directly, in accordance with Articles 22 and 28 of Law 38/2003, of 17 November, General of Grants, and Chapter III of Title I of the Regulation of Law 38/2003, of 17 November, General of Grants, approved by Royal Decree 887/2006, dated 21 July.

2. The financing of the aid covered by this royal decree will be carried out under budget headings 20.16.422B.785 and 20.16.422B.774 provided for in the expenditure budget of the Ministry of Industry, Energy and Tourism for the financial year 2013, with an amount of EUR 1,893,330,56 and EUR 8,000,000 respectively, the maximum amount being EUR 9,893,330,56. This distribution of the budget in each of the items mentioned is purely estimative and may be modified according to the legal nature of the applicants, as the aid is granted.

3. This aid scheme is established in accordance with Commission Regulation (EC) No 1998/2006 of 15 December 2006 on the application of Articles 87 and 88 of the Treaty to aid for the de minimis

.

Article 6. Competent bodies to instruct and resolve the concession procedure. Body responsible for monitoring aid.

1. The authority responsible for ordering and instructing the concession procedures shall be the Directorate-General for Industry and SMEs.

2. The competent body to be resolved shall be the Minister for Industry, Energy and Tourism, without prejudice to the delegations in force in this field.

3. For the purposes of Article 88.3 of the Regulation of Law 38/2003 of 17 November, General of Grants, approved by Royal Decree 887/2006 of 21 July, the body responsible for monitoring the aid will be the Directorate-General for Industry and SMEs.

Article 7. Management of the aid.

The management of the aid will be carried out by the Directorate-General for Industry and SMEs through an electronic management system, with the guarantees required by Law 11/2007, of 22 June, of electronic access of the Public Services and the remaining regulatory regulatory framework for e-Government.

Article 8. Deadline for submitting applications.

The time limit for the submission of applications for aid for vehicles purchased from 1 January 2013 shall comprise from the opening of the electronic management system until 31 October 2013, both inclusive, or until the exhaustion of the funds referred to in Article 5 (2) of this royal decree, in the event of a prior occurrence.

In the case of applications for vehicles pending registration, the time limit for filing the same shall end on 31 August 2013, or until the funds referred to in Article 5 (2) have been exhausted. of this royal decree, in case of prior occurrence.

Article 9. Formalisation and submission of applications.

1. The submission of the applications and the additional documentation shall be made by means of electronic signature advanced in the electronic register of the Ministry of Industry, Energy and Tourism. Those applications shall be completed with the electronic means of support available at the electronic headquarters. Applications shall be served by a strict order of submission within the time limit referred to in Article 8.

In the event that the applicant is a natural person, the sales points may provide the electronic means to enable him to process the request for assistance. To do this, you must have advanced electronic signature certificate.

2. Applications for assistance shall be made by completing the form available at the electronic headquarters. The electronic files that are attached must be in Portable Document Format (PDF) or the Joint Photographic Experts Group (JPEG) and the maximum size supported for each of them will be 4 megabytes.

3. Requests for assistance shall be accompanied by the following digitised documentation:

a) Vehicle purchase bill, which must be the date of such an invoice equal to or after January 1, 2013 in any case.

b) Technical file of the purchased vehicle.

(c) Permit to move the purchased vehicle.

(d) For self-employed professionals, a supporting document to be discharged from the IAE, unless the applicant authorises the authority to consult directly on the fulfilment of the above requirement.

e) For companies, valid accreditation of the signer's power of the application as a legal representative of the application, as well as the applicant's tax identification card (CIF).

f) In the case of operating leasing or leasing, in addition to the above documents, the operating lease or leasing contract, which shall be for a minimum duration of two years, shall be attached and must have been signed by date. equal to or after 1 January 2013.

g) Justifying the recognition in the Treasury's General Directorate of the applicant's bank account for the payment of the aid.

4. In the case of applications for vehicles pending only registration, they may be registered by attaching a pro forma invoice. In such cases, only a maximum number of applications per applicant shall be permitted. In the case of individuals and self-employed persons, the maximum amount shall be three applications and for undertakings, as referred to in Article 2 (2) (c), shall be 15.

The technical information sheet, the circulation permit and the purchase invoice must be submitted within 60 calendar days. If this time limit has not been submitted, the applicant shall be deemed to have failed to provide the aid.

5. In accordance with Article 22.4 of the Regulation of Law 38/2003 of 17 November, General of Grants, approved by Royal Decree 887/2006 of 21 July, the submission of the application for the grant of aid will entail the authorization of the applicant for the grant of direct access to the accreditation of compliance with tax obligations and social security. However, the applicant may expressly refuse the consent, and at the time of making the application the certificates issued by the competent bodies certifying compliance with the obligations must be made by the applicant. Tax and Social Security.

6. Pursuant to Articles 27.6 and 35 of Law 11/2007, of 22 June, of electronic access of citizens to Public Services, as well as of Article 32 of Royal Decree 1671/2009 of 6 November 2009, of its partial development, the the submission of any supporting documents to the application shall be made by means of a digitised copy of the application, whose fidelity to the original shall be ensured by the use of advanced electronic signature.

7. The instructor, as provided for in that Law 11/2007 of 22 June, may require the applicant to display the original documentation at any stage of the procedure. Such documentation shall be kept at least for a period of four years from the date of the grant decision and shall not prescribe the right of the Administration to require reimbursement as provided for in Article 39 of the Treaty. Law 38/2003, of November 17, General of Grants.

8. The filing of the application shall entail the agreement of the applicant to receive all communications and notifications that are made throughout the processing of the file by electronic means, as provided for in the Law 11/2007, June 22, and Royal Decree 1671/2009, dated November 6.

The communications to the interested parties will be published in the electronic headquarters of the Ministry of Industry, Energy and Tourism, for their electronic consultation by those interested who, previously, will have to identify themselves in a safe way. The publication of the communications in the electronic seat shall replace the notification and shall have all the effects on the parties concerned.

9. Where the parties concerned are legal persons and for the purposes of the practice of the notification by electronic means, they shall be required to inform the relevant bodies of the changes in the representation of the entity as soon as they occur. The change shall be made effective for those notifications which are issued from the day following the receipt of the communication of the change of representative of the entity. Notifications prior to that date addressed to the representative on the file shall be deemed to have been correctly applied.

Article 10. Resolution and payment of the aid.

1. Once registered at the electronic headquarters of the Ministry of Industry, Energy and Tourism, all the documentation required of the applicant, the Directorate-General for Industry and the SME will validate the application. In case of detection errors, request the subhealing of the same in the period of 10 calendar days, to count from the reception of the notification of the healing. In the absence of the remedy, the applicant shall be deemed to have failed to apply.

2. The period referred to in the preceding paragraph for applications registered with vehicles pending registration shall be that laid down in Article 9.4 of this royal decree.

3. The decision to grant shall be made by the competent body. The maximum period for the resolution and notification shall be six months from the request and no later than 15 December 2013. If that time limit has elapsed, the competent authority to resolve the decision has not notified the application.

4. The decision bringing the administrative action to an end may be brought before the same body which has been issued by the same body within one month, or may have recourse directly to the court order. administrative-administrative, in the form and time limits provided for in Law 30/1992, of 26 November, of the Legal Regime of the Public Administrations and of the Common Administrative Procedure and Law 29/1998, of July 13, Litigation-administrative Jurisdiction.

5. The notifications of the decisions to grant aid shall be made in accordance with Articles 58, 59 and 60 of Law No 30/1992 of 26 November 1992 on the Legal Regime of the General Administration and the Rules of Procedure. Joint Administrative. The beneficiary will receive notice, by e-mail, that the grant decision has been made available in the electronic register of the Ministry of Industry, Energy and Tourism. The list of beneficiaries and the amount of aid granted shall also be published in the electronic headquarters of that Ministry. In cases where the grant is received by Commission Regulation (EC) No 1998/2006 on the application of Articles 87 and 88 of the Treaty to the aid of de minimis, the grant decision shall specify the circumstance, indicating the full title of the Regulation and its date of publication in the Official Journal of the European Union (OJ), together with the amount of the aid.

6. The payment to the beneficiary shall be made by means of a transfer to a bank account of the same recognised by the Public Treasury prior to the request for the aid. The justification for the recognition of the said bank account shall be attached to the aid application.

Article 11. Monitoring and monitoring of aid.

The Ministry of Industry, Energy and Tourism will carry out monitoring and control measures for the aid granted under this royal decree, without prejudice to those that correspond to it. provided in Law 38/2003, of 17 November, General of Grants.

Article 12. Compatibility of the aid.

1. The grants covered by this royal decree shall be compatible with other grants, aid, revenue or resources for the same purpose from any national, public or private authorities or authorities of the European Union or international bodies. They shall in any event be compatible with other aid or subsidies which the Autonomous Communities may establish for the same purpose. In the case of de minimis " aid, rules of cumulation which prevent the limits of aid laid down in Commission Regulation (EC) No 1998/2006 of 15 December 2006 on aid to be exceeded shall be respected. application of Articles 87 and 88 of the Treaty to the aid of the de minimis and the rest of the applicable de minimis sectoral rules.

2. In the event of a grant of subsidies from other public or public authorities or private entities, the amount of aid granted may not in any case be such that, in isolation or in combination, it exceeds the cost of acquiring the subsidised vehicle.

Article 13. Advertising.

In all the references made by the beneficiaries, in any means of dissemination, to the aid regulated in this royal decree, it must appear that they have been financed by the Ministry of Industry, Energy and Tourism, such as Article 18.4 of Law 38/2003 of 17 November, General of Grants.

Article 14. Legal regime.

These grants will be governed, in addition to the provisions of this royal decree, as appropriate, as provided for in Law 38/2003 of 17 November, General of Grants and in its Rules of Procedure, approved by Royal Decree 887/2006, of July 21, in Law 11/2007, of June 22, of electronic access of citizens to Public Services, in Royal Decree 1671/2009, of November 6, of partial development of Law 11/2007, of June 22, in Law 30/1992, of 26 November, Legal Regime of Public Administrations and the Common Administrative Procedure, in Commission Regulation (EC) No 1998/2006 of 15 December 2006 on the application of Articles 87 and 88 of the Treaty to aid for the de minimisand other provisions resulting from the application of Articles 87 and 88 of the Treaty.

Final disposition first. Competence title.

This royal decree is dictated by the provisions of article 149.1.13. of the Spanish Constitution, which attributes to the State exclusive competence to lay the foundations and coordination of the general planning of the economic activity.

Final disposition second. Entry into force.

This royal decree will enter into force on the day following its publication in the "Official State Gazette".

Given in Madrid, on April 26, 2013.

JOHN CARLOS R.

The Minister of Industry, Energy and Tourism,

JOSE MANUEL SORIA LOPEZ