ARTICLE FIFTEEN OF OUR ALREADY OLD CODE OF COMMERCE ESTABLISHED, AS WAS NATURAL IN THE IDEOLOGICAL AND NORMATIVE CONTEXT OF THE TIME, THE FREEDOM FOR THE EXERCISE OF TRADE WITH NATURAL PERSONS OF FOREIGN NATIONALITY.

OVER TIME, THERE HAS BEEN A VARIATION IN THE REGULATION OF SUCH AN IMPORTANT ASPECT OF COMMERCIAL ACTIVITY IN THE COUNTRIES OF OUR ENVIRONMENT, REPLACING THIS LIBERAL REGULATION WITH THE EXGIGENCE OF PREVIOUS AUTHORIZATIONS THAT, AT THE SAME TIME, THEY ARE SUBORDINATE, MAINLY, TO THE CRITERION OF RECIPROCITY BETWEEN STATES.

THEREFORE, AS LONG AS THE BASIC LEGAL LEGISLATION IN THE FIELD IS NOT CHANGED, IT IS NECESSARY TO ESTABLISH PRECAUTIONARY MEASURES TO THIS EFFECT, AND THEREFORE, ON A JOINT PROPOSAL OF THE MINISTERS OF FOREIGN AFFAIRS, OF THE INTERIOR, OF WORK AND ON TRADE AND TOURISM AND AFTER DELIBERATION OF THE COUNCIL OF MINISTERS AT ITS MEETING ON THE TWENTY-SIXTH OF JULY OF A THOUSAND NINE HUNDRED AND SEVENTY-EIGHT, I HAVE:

ARTICLE FIRST. -ONE. FOR THE ACQUISITION BY NATURAL PERSONS OF FOREIGN NATIONALITY RESIDENT IN SPAIN, OF LICENSES TO OPEN COMMERCIAL ESTABLISHMENTS, THE CONCESSION OF WHICH CORRESPONDS TO THE LOCAL CORPORATIONS, IN ACCORDANCE WITH THE PROVISIONS OF THE REGULATION OF SERVICES OF THESE CORPORATIONS AND IN THE REGULATION OF NUISANCE, INSALUBRIOUS, NOXIOUS AND DANGEROUS ACTIVITIES, IT WILL BE NECESSARY FOR THE INTERESTED PARTIES TO PROVE TO BE IN POSSESSION OF THE AUTHORIZATIONS OF RESIDENCE AND SELF-EMPLOYED WORK PERMITS, REGULATED IN THE LEGISLATION IN FORCE AND JUSTIFIED BY THE PRESENTATION OF THE RELEVANT SUPPORTING DOCUMENTS HAS FULFILLED THEIR TAX OBLIGATIONS ON THOSE TAXES WHICH AFFECT THEM.

TWO. FOREIGN NATURAL PERSONS, NOT RESIDENTS OF SPAIN, WHO INTEND TO OBTAIN AN OPENING LICENSE OF COMMERCIAL ESTABLISHMENT MUST PROVE THAT THEY HAVE FULFILLED THE OBLIGATIONS LAID DOWN BY THE LEGISLATION ON FOREIGN INVESTMENTS IN SPAIN, HAVE OBTAINED THE CORRESPONDING WORK PERMIT, AS WELL AS THE STAY PERMIT, IF ANY, AND HAVE COMPLIED WITH THE OTHER LEGAL OBLIGATIONS IN FORCE.

THREE. THE REGIONAL TRADE DELEGATE SHALL REPORT IN ORDER TO OBTAIN THE WORK PERMIT ON ITS OWN ACCOUNT, TAKING INTO ACCOUNT THE FOLLOWING CIRCUMSTANCES:

A) THE DEGREE OF SATURATION, IN THE AREA, OF THE TRADE THAT IS INTENDED TO BE EXERCISED, AND THE BALANCE BETWEEN THE DIFFERENT FORMS OF TRADE.

B) THE TRADE STRUCTURE AND THE FORESEEABLE DEVELOPMENT OF THE SAME AREA, IN RELATION TO MEDIUM AND LONG-TERM CONSTRUCTION PROJECTS.

(C) THE IMPACT OF THE PLANNED COMMERCIAL ESTABLISHMENT, ON THE CREATION OF JOBS, THE PROVISION OF COMMERCIAL SERVICES, INCREASED PRODUCTIVITY, BENEFITS FOR THE CONSUMER, ADVANTAGES FOR TOURISM EXPORT OR OTHER CIRCUMSTANCES IN FAVOUR OF THE SPANISH ECONOMY. FOR SUCH PURPOSES, THE DELEGATION OF THE MINISTRY OF TRADE AND TOURISM MAY REQUIRE THE PERSON CONCERNED TO PROVIDE THE ADDITIONAL INFORMATION WHICH IS NECESSARY.

D) THE PRINCIPLE OF RECIPROCITY, THAT IS TO SAY, THE TREATMENT OF SPANIARDS IN THE COUNTRIES WHERE THE APPLICANTS ARE NATIONALS.

ARTICLE SECOND.-ACCORDING TO THE ORDER OF THE MINISTRY OF COMMERCE AND TOURISM, A CENSUS WILL BE ESTABLISHED, IN THOSE PROVINCES WHERE IT IS DEEMED NECESSARY, IN WHICH THE DATA SUBJECTS MUST BE REGISTERED, WITHIN 15 DAYS FROM THE DATE OF FOLLOWING THEIR NOTIFICATION, THE OPENING LICENSES OF COMMERCIAL ESTABLISHMENTS, GRANTED TO NATURAL PERSONS OF FOREIGN NATIONALITY, OR THE COMMUNICATION OF THEIR PROCESSING.

ARTICLE THIRD.-FAILURE BY THE PARTIES CONCERNED TO COMPLY WITH THE REQUIREMENTS REFERRED TO IN THE PREVIOUS TWO ARTICLES SHALL BE SUBJECT TO THE PROVISIONS OF THE SECOND CHAPTER OF THE SECOND TITLE AND OTHER PROVISIONS APPLICABLE FROM THE DECREE THREE THOUSAND SIX HUNDRED AND THIRTY-TWO HUNDRED AND SEVENTY-FOUR, OF 20 DECEMBER, ON SANCTIONS IN THE FIELD OF MARKET DISCIPLINE, AS WELL AS IN ACCORDANCE WITH THE PROVISIONS OF THE LEGISLATION ON INVESTMENTS FOREIGN NATIONALS IN SPAIN, IF CASE.

FINAL PROVISIONS

FIRSTLY, THE MINISTRIES OF THE INTERIOR AND COMMERCE AND TOURISM ARE AUTHORIZED TO MAKE THE NECESSARY PROVISIONS FOR THE DEVELOPMENT OF THIS ROYAL DECREE IN THE FIELD OF THEIR RESPECTIVE COMPETENCES.

SECOND. -THIS ROYAL DECREE WILL BE IN EFFECT THE DAY AFTER ITS PUBLICATION IN THE "OFFICIAL STATE BULLETIN".

TRANSIENT DISPOSITION

NATURAL PERSONS OF FOREIGN NATIONALITY WHO HOLD LICENCES FOR THE OPENING OF COMMERCIAL ESTABLISHMENTS, OBTAINED PRIOR TO THE ESTABLISHMENT OF THE CENSUSES REFERRED TO IN THE SECOND ARTICLE, SHALL PROCEED TO THE REGISTRATION IN THE SAME ONES OF THE MENTIONED LICENSES WITHIN SIX MONTHS FROM THE IMPLEMENTATION OF THE MENTIONED CENSUSES.

GIVEN IN PALMA DE MALLORCA TO TWENTY-SIX OF JULY OF A THOUSAND NINE HUNDRED AND SEVENTY-EIGHT. -JUAN CARLOS. -THE MINISTER OF THE PRESIDENCY, JOSÉ MANUEL OTERO NOVAS.