Royal Decree-Law 10/2015, Of 11 September, By Which Extraordinary Credits And Credit Supplements Are Granted In The State Budget And Adopting Other Measures On Public Employment And Stimulate The Economy.

Original Language Title: Royal Decree-Law 10/2015, Of September 11, By Which Extraordinary Credits And Credit Supplements Are Granted In The State Budget And Adopting Other Measures On Public Employment And Stimulate The Economy.

Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-9801

I public employees have contributed to a remarkable and direct effort to economic recovery and the fulfilment of the commitments entered into by Spain in terms of fiscal consolidation.

Scenario of severe economic crisis and difficulties in access to finance urgently adopted a series of measures relating to public employment in order to reduce public, mainly contained in the Royal Decree-Law 20/2011, of 30 December, urgent budgetary, tax and financial measures for the correction of the deficit and spending on the Royal Decree-Law 20/2012 of 13 July, measures to ensure the budgetary stability and promotion of competitiveness.

As noted in the explanatory statement of the above-mentioned Royal Decree-Law 20/2012, of 13 July, these measures were temporary and planned its application only while outlining the exceptional economic and financial circumstances.

This term he has worked hard to achieve the objectives of fiscal consolidation by applying a budgetary and fiscal policy aimed at reducing the public deficit that will generate economic growth and employment.

This rigorous budgetary and fiscal policy combined with the implementation of the ambitious structural reforms adopted in this parliamentary term has given good results, proof of this is that progress in the fulfilment of the tax rules and has recovered the path of economic growth, thus restoring international confidence in the Spanish economy and increasing tax revenues. All of this is allowing gradually, with an economic impact according to the financial possibilities, compensation for their efforts.

In this way, at the end of 2013 was the restoration of the fourth day in 2014 to the return of the fifth day, with application in all public administrations and private affairs.

In relation to remuneration, law 36/2014, of 26 December, the State budget for the year 2015 has planned the return of a quarter (24.04%) extraordinary pay abolished in December 2012, return which has been made effective from January 2015.

With the aim of strengthening on the path of sustainable economic growth, it is necessary and urgent to adopt this Royal Decree-Law, which contains, in its chapter I, a set of measures that contribute directly to stimulate economic growth as well as delve into the increase in efficiency in the operation of public employment, in a manner compatible with the necessary compliance with tax rules.

Such measures are, in particular, the following:-recovery of part of the extraordinary and additional pay of public employees corresponding to the year 2012.

-Modification of the number of days of permission issues particular restoring a sixth day, and increase of the days of permission issues particular depending on seniority and the holidays recognized in the Basic Statute of the public employee also increased according to seniority.

In relation to the scheme for civil servants of local administration with empowerment of national character for functions of Treasury, urged to approve a legislative reform that allows attribute the exercise of these functions to the subscale of secretaria-intervencion, in the line of professionalization of these functions introduced by law 27/2013, of 27 of December, rationalization and sustainability of the Local Administration.

With this progress in the professionalization and the effectiveness of the functions reserved for officials of Local Administration with national rating.

The extraordinary and urgent need, given the recent establishment of local corporations, is accredited in order to avoid the suspension of these functions in the majority of Councils.

II chapter II of the present Royal Decree regulates the granting of various extraordinary credits and credit supplements to finance the partial recovery of extraordinary and additional pay of public employees, as well as for needs of the ministries of defence, promotion and agriculture, food and environment, in terms that are set out below: 1. granting of a supplement to credit in the budget of the section 31 'Expenditure of various ministries' for amount of 251.858.960,10 euros, for the financing of the recovery of part of the extraordinary and additional pay of public employees corresponding to the year 2012.

In the present Royal Decree-Law regulates, as indicated above, the payment of amounts in respect of recovery of the amounts effectively shelved perceive as a result of the Suppression of extraordinary and additional pay for the month of December, 2012, pursuant to Royal Decree-Law 20/2012, of 13 July, measures to ensure the budgetary stability and promotion of competitiveness. This is intended to restore the purchasing power of public employees recovering extraordinary and additional pay for the month of December 2012. Macroeconomic indicators have shown that the path of recovery and economic growth, has begun allowing you to return the efforts made for the sake of budgetary stability.

To proceed to the payment of the above fees, is granted a credit in section 31 'Expenditure of various ministries' supplement amounting to 251.858.960,10 euros, which may be transferred to the budgets of the various ministerial departments and public bodies insofar as they do not have margin of financing Chapter 1 «Staff costs».

2. granting of a special credit in the budget of the Ministry of defence for amount of 20,000,000 euros, earmarked for the acquisition of vehicles.

The army of accurate land complete with urgency the availability of vehicles, tactical and logistical to renew and replenish those vehicles that have suffered a premature deterioration, as a result of the intensive use to which the material is subjected, as well as to carry out the preparation of staff framed in the successive relay, using similar means to the deployed operations abroad , so as to facilitate the knowledge and procedures of employment of each of its elements. It tries to reduce the risks of misuse or untrained response reactions.

The situation is critical with respect to this type of material. The need for logistical support, training and preparation of contingents that are deployed for active operations and which is expected initiate short-term need to urgently proceed to purchase vehicles in sufficient quantity to maintain the ability of tactical mobility.

3. granting of extraordinary credits and a supplement of credit in the budget of the Ministry of development, for a total amount of 282.382.758,73 euros, which serve the following purposes: 3.1 extraordinary loans in total amount of 251.332.838,73 euros to meet the payment of prior-period obligations.

To the year-end accounting and budget 2014 has been revealed the existence of expenses that did not have budgetary coverage or provided proved insufficient even though such expenses are recorded and has been registered its impact on the deficit, in terms of national accounting, by 31 December of that year.

It is expenditure on investment actions of the General Directorate of roads relating to expropriations, interest on arrears, reviews, prices and certifications and final settlements for a total of 251.332.838,73 euros.

These expenses, which are enforceable obligations of the Administration, should be regulated and implemented budget to proceed with your payment, which requires previously adequate budgetary credit, whose endowment is served with loans that are approved by the present Royal Decree-law.

The budgetary allocation of these obligations requires standard with range of law, in accordance with the provisions of article 34.4 of the Law 47/2003, of 26 November, General budget.

On the other hand, given that the obligations which it is satisfy have been charged to deficit in 2014, the extraordinary credits granted do not reduce the ability of State funding in the year 2015, in application of the provisions of article 59 of law 47/2003, of 26 November, General budget they are not capable of financing from the contingency fund of budget implementation. Therefore, the present Royal Decree-law contemplates the extraordinary credit with debt financing.

Proceed to the payment of these obligations which inevitably must satisfy the Administration and not to delay its payment, in order to not cause damages to affected third parties, as well as to meet them before the end of the current financial year, they are the reasons justifying the granting of extraordinary loans by Royal Decree-law.

3.2 credit amounting to 31.049.920 euros supplement to meet the costs arising from the sinking of the ship «Oleg Naydenov».
As a result of the sinking and extraction of fuel from the ship «Oleg Naydenov», the public enterprise society rescue and maritime safety (SASEMAR), entity attached to the Secretariat General of transportation of the Ministry of development, under the higher direction of the Secretary of State for infrastructure, transport and housing and through the General Directorate of the merchant marine, has made and must undertake during the year 2015 certain actions of fight against the pollution of the marine environment rated as a public service in accordance with the provisions of article 264 of the Royal Legislative Decree 2/2011, 5 September, which approves the new text revised from the law of Puertos del Estado and the merchant marine.

The actions indicated by SASEMAR aggravated assumes major expenses amounting to 31.049.920 euros in certain items of your operating budget by 2015, not covered initially, collecting in the 'Work performed by other companies' account, included under the heading «Supplies», to finance the extraordinary costs of the sinking and the extraction of fuel from the ship «Oleg Naydenov».

This increase in expenditure is financed, in the operating budget, through an increase in the account «Subsidies added to the profit for the period» and by the increase in current transfers in favour of SASEMAR, within the budget of the General direction of merchant marine, the same amount of 31.049.920 euros.

The article 67.2 of the Law 47/2003, of 26 November, General budget, points out that competition for the modification of the budgets of exploitation and Capital affecting State contributions collected in the General State budget corresponds to the same authority that was assigned with respect to the corresponding budget appropriations, so it proceeds to its inclusion in the present Royal Decree-law.

The need to proceed to carry out the precise actions for the extraction of the remaining fuel in the wreck are the extraordinary reasons justifying the processing of credit by means of Royal Decree-Law supplement.

4 award of outstanding loans and supplements of credit in the budget of the Ministry of agriculture, food and environment, in total amount of 76.329.922,47 euros, which serve the following purposes: firstly, is regulate and apply to budget expenses that accounting and financial closing of the year 2014 did not have budgetary coverage or who provided was insufficient due to certifications , reviews, prices, expropriations and other incidents relating to investment actions in the General direction of water, amounting to 36.010.368,32 euros.

Secondly, it gives funding to the hydrographic confederations so they come also to the payment of prior-period obligations relating to IBI corresponding to assets of State-owned amounting to 40.319.554,15 euros.

Previous operations, amounting to 76.329.922,47 euros, have been accounted for and their incidence has been registered in the year 2014 deficit, so extraordinary loans and supplements of credit granted by this amount do not reduce the capacity of funding from the State this year.

All previous expenditures, which are enforceable obligations of the Administration, should be regularized and applied to the budget to proceed with your payment which requires previously the corresponding budgetary credit.

The budgetary allocation of these obligations requires standard with range of law in accordance with provisions of article 34.4 of the Law 47/2003, of 26 November, General budget.

Proceed to enforceable obligations that inevitably must satisfy the Administration and the need not to delay your subscription not to cause damages to affected third parties, constitute the reasons justifying the granting of extraordinary claims and credit by Royal Decree-law supplements.

III the chapter III includes, finally, measures to improve the liquidity of the municipal councils which have financial problems and to continue to reduce late payments in the public sector.

Firstly, and as part of the commitment to the momentum of economic growth, is intended to provide short-term liquidity to councils who are in a situation of financial risk and that included among those who could apply for membership of the Management Fund, established by the Royal Decree-Law 17/2014, on December 26. It's solve the financial situation regarding the fulfillment of the obligations of payment the credit institution given, since that Fund maturities can attend, but does not provide, in the short term, financial resources to those entities. The measure is considered extraordinary and urgent need because it allows the new local governments in municipalities with strong financial imbalances, resources to meet obligations of immediate enforceability and maturity, without incurring expenditure the payment of which is priority defaults.

Secondly, intends to go one step further in the process of eradication of the non-performing loans.

Late payment is not only an economic problem for own administrations, that affected their financial sustainability for the extra cost that implies at the time the payment of interest; but also affecting businesses. Providers of administrations, public delinquencies generates costs of transaction and financing with consequent loss of efficiency and competitiveness that this entails for the whole of the economy.

Given the economic importance of this problem in this legislature have been running important economic and structural reforms that have allowed clean the stock of unpaid public bills and lay the foundations so that this problem will not be repeated in the future.

However, the European Commission has notified to the Kingdom of Spain a letter from site that shows some data which demonstrate non-compliance with some of the terms of payment set by the directive 2011/7/EU of the European Parliament and of the Council on February 16, 2011, by which establish action against late payment in commercial transactions. For these purposes it recognizes advances and rush policy reforms to eradicate delinquency in the public sector but it is advisable to also advance the reduction of terms of payment in the private sector.

Aiming to deepen structural reforms of eradication of delinquencies and contribute to proper compliance with payment deadlines established by the European directive, the public sector contracts Act is modified to include the average period of payment to suppliers of the entrepreneur as a supporting element of its economic and financial solvency when he attends a public procurement process.

This measure is necessary and urgent to encourage proper compliance with payment deadlines provided for in the indicated European directive, especially by the private sector as it advises the European Commission in its letter of location immediately, and contributes to strengthening economic growth.

IV the Royal Decree-Law includes in addition a fourth additional provision that authorizes the Ministry of budget and expenditure of the Ministry of finance and public administration to pledge the assets of the special account reserved for the operations of the program initiative operating SMEs 2014-2020 (EIF/SME Initiative Spain-Dedicated Window Account) on behalf of the European Investment Fund (EIF) , by holding the appropriate pledge contract.

The garment will be constituted as collateral for the fulfillment of the obligations of the Kingdom of Spain with the FEI born in accordance with the agreements signed between the Kingdom of Spain and the EIF relating to the operational initiative program SME 2014-2020.

In accordance with article 39.7 of regulation 1303 / 2013, payment requests from a Member State to the Commission are based on the amounts requested by the FEI which are considered to be necessary to finance commitments relating to contracts of guarantee or securitization. It also requires payments of States members to the FEI necessitating without delay and, in any case, until the FEI assume commitments with financial institutions. Therefore the initiative cannot be underway while the FEI have the amounts requested in the account of the garment.

It is a new action, the process of consultations and discussions to adopt a legal framework with respect to agreements to launch the initiative has been prolonged in excess. Taking into account that the European Commission has already proceeded to the reimbursement of the amounts requested, the Commission is claiming that these amounts are transferred to the EIF urgently, what justifies the inclusion of the measure in the present Royal Decree-law.
Royal Decree-Law also includes a final disposition by which the organic law 6/2001, of 21 December, on universities, is modified in order to address two fundamental issues in the system of access and provision of jobs of teachers and researcher at the universities. On the one hand, provides access to the body of professors of University through internal promotion, reserved for the professors who have been granted national accreditation to Professor. And, secondly, is set on a permanent basis the possibility of provision of positions vacant teachers at a University with professors and lecturers from other universities, which was authorized temporarily by the State budget law for the year 2015.

After several years in which the new additions and promotions of the University professors have been limited by the application of the replacement rate, the policy of universities by retaining talent and, therefore, apply the rate of replenishment in retaining young teachers had, on the other hand, a negative effect on the body of university professors. The retirement of professors of University not has been able to be compensated with new professors lacking the universities of restocking fees to make it. This has caused an evident and accelerated decompensation in teachers college officials templates, which is solved with the application of internal promotion. Internal promotion, open to the body of professors Titular de Universidad, will allow to establish the appropriate distribution between teachers holders of University and college professors, at the time that does not change the total number of teachers officials in templates.

The inclusion in the Royal Decree-Law of these measures aimed at encouraging the promotion and mobility of the teaching and research staff is justified in the urgent need to proceed to its implementation in the 2015/16 academic course, which is begun. This inclusion also responds to the demand of the Spanish University system that will immediately improve the effectiveness and efficiency of public universities in the allocation of essential assets, human resources to improve the quality of the public services provided. Although the implementation of some of these measures has been authorized temporarily by 2015, maximizing its positive effects requires its consolidation in the architecture University, through its incorporation in the organic law 6/2001, of 21 December, universities.

V notwithstanding the reasons which have been pointing in each case, the need to boost economic growth as quickly as possible to contribute to the creation of employment justifies the concurrence, in the set of measures that constitute the content of this provision, of the circumstances of extraordinary and urgent necessity required by article 86 of the Spanish Constitution to the figure of the Royal Decree-law.

By virtue, making use of the authorisation contained in article 86 of the Spanish Constitution, on the proposal of the Minister of finance and public administration, in accordance with the Council of State with regard to chapter II and prior deliberation by the Council of Ministers at its meeting of September 11, 2015, have: chapter I article 1 public employment measures. Recovery of extraordinary and additional pay for the month of December, 2012, of the staff in the public sector.

One. Recovery of extraordinary and additional pay for the month of December, 2012, of the staff in the public sector.

1. the different public administrations, as well as their related and dependent entities, be paid within the year 2015, and a one-time compensation of an extraordinary nature whose amount shall be equivalent to 48 days or to 26.23% of the amounts of arrears as a result of the abolition of the extraordinary pay, as well as additional specific supplement pay or equivalent additional pay corresponding to the month of December, 2012, by application of the Royal Decree-Law 20/2012, July 13, measures to ensure the budgetary stability and promotion of competitiveness, with the scope and limits of this article.

2. the amounts that may be paid for this concept, on the amount no longer perceived by each employee in implementation of article 2 of the Royal Decree-Law 20/2012, of 13 July, will be the equivalent to the proportion corresponding to 48 days of extraordinary pay, additional specific adjunct pay and extra pay for the month of December. In those cases in which had failed to achieve the recognition of all of the extraordinary and additional pay of December 2012, 48 days will be reduced proportionately to the computation of days had corresponded.

For the purposes specified in the preceding paragraph, the computation of the part of the extraordinary pay and extra pay that corresponds to 48 days, or figure, will be handled in the case of the personal officer or statutory, in accordance with standards of public service in each administration, or, in the case of the workforce, labour and conventional rules at the moment that is ceased to receive such pay.

The amounts that are recognized by this concept to the staff referred to in paragraph 5 of article 2 of the Royal Decree-Law 20/2012, July 13, not seen in its remuneration regime the perception of extra payments or receive more than two per year, shall be the equivalent to a 26.23 percent the amount no longer perceived by application of the mentioned precept.

The amounts payable are minorarán in the amounts that would have satisfied by these same concepts and periods of time as a result of judicial decision or other actions.

3. each public administration be paid, the amounts provided for in this article within the year 2015, if so you remember it and if its economic and financial situation made it possible. Not allow it its economic situation financial in 2015, the fertilizer may be in the first financial year in such situation allows it.

On the assumption that in application of this rule out more than one administration which corresponded to perform this stretch of extraordinary pay pay, pay additional specific complement and additional pay for the month of December, 2012, each administration may be paid, at most, the proportional part of this stretch that you would make effective in December 2012.

4. the amounts paid by application of the provisions of this article minorarán the scope of the provisions contained in paragraph 4 of article 2 of the Royal Decree-Law 20/2012 July 13.

Two. Recovery of extraordinary and additional pay for the month of December, 2012, of the staff of the State public sector.

1 the staff of the State public sector defined in letters to), d) and e) paragraph one of article 22 of the law 2/2012, June 29, from the State budget for the year 2012, as well as staff of the companies, entities and other organisms of paragraphs f) and g) of the precept that belong to the public sector you are paid the amounts provided for in paragraph Uno.2 of this article.

2 the recovery of outstanding pay and additional payments referred to in the previous number shall be carried out according to the following rules: to) staff included in paragraphs 1 and 2 of article 3 of the Royal Decree-Law 20/2012 July 13 will receive the proportional share of 48 days of extraordinary pay and pay extra or equivalent for the month of December of 2012 were suppressed. In those cases in which had failed to achieve the recognition of all the extraordinary pay and equivalent or additional pay for the month of December of 2012 were suppressed, the 48 days will be reduced proportionately to the computation of days had corresponded.

The intended purposes in the previous paragraph, for the calculation of the amounts corresponding to the 48 days, in relation to the number of total days that comprise the extraordinary pay and equivalent or additional pay for the month of December of 2012 were suppressed, the computation rules applicable to each type of personnel will be used in accordance with their legal regime in force at the time the deletion occurred.

Provided that the legislation not otherwise provided, the number of total days referred to in the previous paragraph will be 183.

(b) without prejudice to the provisions of article 519 of the organic law 6/1985, of 1 July, the Judicial Branch, the staff included in the points 3, 3 bis and 3 ter and 4 of article 3 of the Royal Decree-Law 20/2012, of 13 July, paid a 26.23 percent the amount arrears by application of these provisions.

((c) as provided for in the letter to) shall apply to the Secretaries of State, undersecretaries, Directors General and similar, as well as permanent advisers and Secretary General of the Council of State, in the same terms as the staff officer.
(The staff referred to in article 24.Tres of the law 2/2012 on June 29 is charged equally as provided for in the letter a). In case of not having the right to pay extraordinary perception, they shall receive a 26.23 percent the amount no longer perceived by application of article 4 of the Royal Decree-Law 20/2012.

(d) the senior management included in points 1 and 3 of article 4 of the Royal Decree-Law 20/2012 shall receive a 26.23 percent the amount no longer perceived by application of article 4 of the Royal Decree-Law 20/2012.

(e) to the staff that, without having changed the status of its services related to the administration of the State had changed within the same destination, the amounts referred to in this paragraph will be paid by the Ministry, agency or entity that is providing services on the date of entry into force of this standard upon request directed to the management authority of staff accompanied by certification of the habilitation of origin concepts and amounts effectively ceased to be perceived as a consequence of the Suppression of extraordinary pay, as well as additional specific supplement pay or additional pay for the month of December, 2012, equivalent. In the event that such certification has already been presented above, it is not necessary to introduce again the same.

Personnel who had gone to serve in a different public administration, the quantities referred to in this paragraph will be paid by the Ministry, agency or entity which would have corresponded to pay the extraordinary pay upon request directed to the management authority of personnel.

The staff that is not in State of active or equivalent service on the date of entry into force of this regulation or which had lost the status of public employee, the amounts referred to in this provision will be paid by the Ministry, agency or entity which would have corresponded to pay the extraordinary pay upon request directed to the management authority of staff accompanied by certification of the origin of the amounts rating effectively ceased to be perceived as a consequence of the abolition of the extraordinary pay as well as specific add-extra pay or equivalent additional pay for the month of December 2012.

Where the staff concerned had died at the entry into force of this provision, the request referred to in the preceding paragraph shall be by his heirs in accordance with civil law.

(f) the provisions of the preceding paragraphs shall apply, likewise, staff of the foundations of the State public sector, of the consortia participated mainly by the General Administration of the State or by bodies or subsidiaries thereof, as well as the Bank of Spain and to the managers and other personnel of the mutual of accidents at work and occupational diseases of Social Security and its entities and joint centers.

3. It is suspended and leaves without effect the application of article 24 of law 30/1984 of 2 August, of measures for the reform of the public function, what is strictly necessary for the implementation of the provisions of this article.

Four. Paragraphs one and three of this article have basic character and are held under the protection of the articles 149.1.18. ª, 149.1.13. ª and 156.1 of the Constitution.

Article 2. Modification of law 7/2007, of 12 April, the Basic Statute of the public employee.

Amending the law 7/2007, of 12 April, the Basic Statute of the public employee, in the following terms: one. Amending letter k of article 48, which is worded as follows: «article 48. Permissions of public officials.

(Los funcionarios públicos tendrán los siguientes permisos: k) for private affairs, six days of the year. "

Two. Added a new fourteenth additional provision, with the following wording: «fourteenth additional provision. Permission for private affairs by seniority.

Public administrations may provide up to two additional days of permission for issues particular to fulfill the sixth three-year period, increasing, maximum, in an additional day for each triennium complied with from the 8th.»

3. Added a new fifteenth additional provision, with the following wording: «fifteenth additional provision. Additional days of vacation by seniority.

Each public administration may establish up to a maximum of four additional vacation days depending on the time of services rendered by public servants."

Article 3. Amendment of the Act 7/1985, of 2 April, regulating the bases of local government.

Amending paragraph 2 of article 92 bis of Act 7/1985, of 2 April, which is drawn up as follows: «(2. La escala de funcionarios de administración local con habilitación de carácter nacional se subdivide en las siguientes subescalas: a) Secretariat, to which correspond the functions contained in paragraph 1.a) previous.»

b) Intervencion-tesoreria, which correspond to the functions contained in paragraph 1.b).

«((c) Secretaria-intervencion which correspond to functions contained in paragraphs 1.a) and 1.b).»

Chapter II special credits and credit supplements article 4. Award of a supplement of credit in the budget of the section 31 'Expenditure of various ministries' and authorization for credit transfers.

1 to meet the obligations referred to in the present Royal Decree-Law corresponding to the staff of the State public sector defined in paragraphs a), b), d) and e) of article 1 of law 36/2014, of 26 December, the State budget by 2015, is granted a supplement of credit in section 31 'Expenditure of various ministries' budget Service 02 «Directorate General of budgets. Costs of government ministries', program 929 M «Dept and not classified functions», Chapter 1 "Staff costs", article 12 'Or officials', concept 121 «complementary remuneration», Subconcepto 121.07 «Recovery of extraordinary and additional public employees pay corresponding to December 2012», amounting to 251.858.960,10 euros.

In addition, credit supplement may finance the obligations arising in the Institute for health management (INGESA) and the Institute for the elderly and social services (IMSERSO).

2. with charge to the supplement of credit granted in the previous section, there will be corresponding credit transfers to provide in the sections of the budget of the State resulting from, affected agencies, INGESA and IMSERSO, the appropriations necessary to proceed to the payment of special and additional pay for the month of December, 2012, in so far as it may not be covered with existing Chapter 1 «Staff costs» allowance of the respective budgets.

3 a transfers carried out pursuant to the provisions of paragraph 2 of this article, they shall not apply the limitation established in article 52.1. c) of law 47/2003, of 26 November, General budget.

Article 5. Granting of special credit in the budget of the Ministry of defence.

For the acquisition of vehicles for the army of Earth, is granted a credit of extraordinary in the budget of the section 14 "Ministry of Defense", service 12 "army of Earth», programme 122A «modernization of the armed forces', Chapter 6 «Real investments», article 65 'military infrastructure and other property investments», concept 651"Acquisition of military vehicles", amounting to Euro 20,000,000.

Article 6. Award of outstanding credits and a supplement of credit in the budget of the Ministry of development and modification of the budget of operation of SASEMAR.

1. to meet obligations of prior years, are granted extraordinary credit in section 17 «Ministry of public works» budget, in total amount of 251.332.838,73 euros, depending on the detail contained in annex I.

2. for the financing of expenditures by the extraction of fuel from the ship «Oleg Naydenov», is granted a supplement of credit in the budget for section 17 «Ministry of development», 32 service «General direction of merchant marine», programme 497 M 'Rescue and fight against pollution in the sea', Chapter 4 «transfers streams», article 44 "to societies, public business entities «, foundations and other entities of the Public Sector ", 443 concept «To SASEMAR to expenditure arising out of the collapse of Oleg Naydenov», amounting to 31.049.920 euros.
3. Approves the amendment of the budget of exploitation for 2015 of the public enterprise society rescue and maritime safety (SASEMAR), accompanied as annex II and includes the supplement of credit amounting to 31.049.920 euros in the present Royal Decree, the extraordinary credit amounting to 9.636.360 euros granted by Royal Decree-Law 6/2015 May 14, amending the law 55/2007, of 28 December, the film, are granted several loans outstanding and supplements of credit in the State budget and adopt other tax measures, and the transfer of credit for 250,000 euros approved by the Minister of finance and public administration to meet the hiring of the services of legal aid to the Spanish State abroad catastrophe derivatives «Prestige» ship.

Article 7. Award of outstanding loans and supplements of credit in the budget of the Ministry of agriculture, food and environment.

1. to meet obligations of prior years, are granted extraordinary appropriations in the budget of the section 23 "Ministry of agriculture, food and environment", amounting to 69.548.969,42 euros depending on the detail contained in annex III.

2. to meet obligations of prior years, supplements of credit in the budget section 23 "Ministry of agriculture, food and environment", are granted by 6.780.953,05 EUR according to the detail contained in the annex III.

Article 8. Modification of the budgets of the hydrographic confederations.

To meet the payment of local taxes of State-owned goods corresponding to previous years, supplements of credit in the budgets of the hydrographic confederations are awarded by total amount of 13.450.451,54 euros in the terms listed in annex IV.

These credit supplements will be financed with the extraordinary credits granted in the General direction of the water budget and which are included in annex III.

Remaining special loans granted are at Annex III with destination to the hydrographic confederations will be reflected in their budgets of income under the terms listed in annex IV.

Article 9. The extraordinary credit financing.

The extraordinary credits and supplements of credit granted by this Royal Decree-Law on the State budget, will be financed with debt.

Article 10. Application of costs to the budget.

Expenses that budget charged to extraordinary credit and supplements of credit, to meet obligations from prior years granted by the present Royal Decree, must be previously recorded in account 413 'creditors by pending apply to budget operations"as a result of the actions of permanent financial control provided for in article 159.1 g) of the General budget law or productivity centers communications provided for in the accounting and budgetary rules. The intervention General of the administration of the State, through the Executive intervention in the Ministerial Department or corresponding public agency, shall ensure compliance with this requirement.

Chapter III other measures article 11. Advances of funding in favour of certain municipalities.

1. by a decision of the Secretary General of Local, regional and national coordination of the Ministry of finance and public administration, is may grant, councils, in which if the situation defined in this article, advances of extrabudgetary nature amounting to a maximum equivalent to the total number of deliveries on account of participation in taxes from the State for the year 2015. Cited advances must refinance through lending which is formalized in 2016 with charge to the compartment of fund management, Fund funding to local authorities, regulated in the Real Decree-Law 17/2014, on December 26, of measures of financial sustainability of the autonomous communities and local entities and other economic.

2 may request the granting of the abovementioned advances: to) Councils which are the subjective scope defined in article 39.1. to) Royal Decree-Law 17/2014, of 26 December, measures of financial sustainability of the autonomous communities and local entities and other economic character, and which were included in the list whose publication was approved by resolution of the General Secretariat of regional and Local coordination , February 12, 2015.

(b) the municipalities which were given advances of participation in taxes for the state regulated in article 22 Royal Decree-Law 8/2013, of 28 June, on urgent measures against non-performing loans of public administrations and support to municipalities with financial problems.

3. the municipalities which request advances found in the situations described, to which this article refers, they must submit before October 15, 2015 agreement of the House to qualify for such a measure, which is set the amount, and the commitment of formalization in 2016 a loan transaction charged to the Fund's management compartment Fund funding to local authorities, to refinance the advance to be granted, and assumption of all cross-compliance which, in relation to such compartment, is contained in the Royal Decree-Law 17/2014, including the acceptance of measures, where appropriate, indicate the Ministry of finance and public administration on the assessment it makes of the adjustment plan that presents the local authority in 2016. Once granted the advance they must come to the opening of a bank account of their ownership and restricted use which will yield the income of the advance. The agreement referred to in this paragraph may be adopted by the Board of government premises in the case that the circumstances referred to in the sixteenth additional provision of Act 7/1985, of 2 April, regulating the Bases of Local Government.

4. advances granted must be destined to the cancellation of obligations outstanding with suppliers and contractors, in order to reduce the average period of payments to suppliers so that does not exceed more than 30 days the maximum period specified in the regulations of non-performing loans, to the execution of definitive judgments and the payment of outstanding debts with the State tax administration agency and the General Treasury of the Social Security. In any case, the cancellation of the outstanding obligations priority criteria that may apply shall be taken into account.

5. the municipalities requesting advances must be submitted in the month of April 2016 adjustment plans referred to in paragraph 3 of this article and will be valued by the General Secretariat of regional and Local coordination in the month of may 2016. Last month, cited entities shall, where appropriate, the measures indicating that, by modifying the adjustment plans presented in these terms.

In June 2016 lending operations formalized with the financing fund to local entities, compartment Management Fund, to cancel the advances granted and subject to the conditions agreed the Government representative Commission for Economic Affairs. The operations shall not be subject to the authorization regime established in the revised text of the Act regulating local treasuries and, where appropriate, in the laws of the State budget.

6. in the event that local corporations not performed in 2016 any of the actions mentioned in the previous paragraph, they refunded all of the advance from the delivery on account of participation in taxes from the State in July of that year. Reinstatement shall apply for 100 percent of deliveries, on which it is applied. In the case that concur with withholdings to practice on the application of the fourth additional provision of the consolidated text of the Act regulating the local farms approved by Royal Legislative Decree 2/2004, of 5 March, that shall be preferred against them and not they be counted for the calculation of the percentages that, on this issue, adjust the respective General State budget Act.

(7. councils included in the subjective scope defined in paragraph 2.a) of this article, acceding or acceding in 2015 to the compartment fund management, the Fund's financing to local authorities, as well as be eligible for payments provided for in this article, they may request, exceptionally, before October 15, 2015 the formalization of loans to that compartment , for the cancellation of the outstanding debt with the State tax administration agency and the General Treasury of the Social Security, and which is still subject to compensation through the application of withholding participation in taxes from the State, in accordance with the conditionality established in Royal Decree-Law 17/2014, on December 26.

Article 12. Modification of Royal Decree 3/2011, of 14 November, which approves the revised text of the law of contracts in the Public Sector.
Amending paragraph 1 of article 75 remaining with the following wording: «(1. La solvencia económica y financiera deel empresario deberá acreditar_se por uno o varios de los medios siguientes, a elección deel órgano de contratación: a) annual business volume, or annual turnover in the field that relates the contract amount equal to or greater than required in the contract notice or in the invitation to participate in the procedure and» the specifications of the contract or, failing this, to the established regulations.

(b) in the cases out to be appropriate, supporting the existence of indemnity insurance for occupational hazards by amount equal to or greater than required in the contract notice or in the invitation to participate in the procedure and the specifications of the contract or, failing, established by regulation.

(c) equity, either ratio between assets and liabilities, at the end of the last financial year for which is expired the obligation of approval of annual accounts amounting to equal or superior to that required in the contract notice or in the invitation to participate in the procedure and the specifications of the contract or, failing, established according to the rules.

As additional means to those provided for in the previous letters of this section, the contracting authority may require that the average period of payments to suppliers from the employer, provided that in the case of a society that can not be abbreviated profit and loss account, does not exceed the limit that is established for this purpose by order of the Minister of finance and public administration taking into account the rules on non-performing loans."

First additional provision. Permissions and vacations of public officials.

The limitation referred to in paragraph three of article 8 of the Royal Decree-Law 20/2012, of 13 July, measures to ensure the budgetary stability and promotion of competitiveness, for the conventions, covenants and agreements for the personal officer and labor Governments and their agencies and entities, linked or dependent on them, should be understood concerning the new wording given by the present Royal Decree-Law permissions and the vacation of the public officials.

Second additional provision. Application of permission for private affairs by seniority to the General Administration of the State.

Permission as it referred to article 2. two of this Royal Decree shall apply in the General Administration of the State, agencies and entities linked or dependent.

Third additional provision. Additional holidays by seniority in the General Administration of the State.

In the General Administration of the State, agencies and entities linked or dependent, in the course of completing the year-old Administration indicated, shall be entitled to the enjoyment of the following days of annual leave:-fifteen years of service: 23 working days.

-Twenty years of service: 24 working days.

-Twenty-five years of service: twenty-five working days.

-Thirty or more years of service: 26 working days.

Fourth additional provision. Management of SME operational initiative programme 2014-2020.

The Secretary of State's budget and expenditures of the Ministry of finance and public administration be authorized to pledge the assets of the special account reserved for the operations of the program initiative operating SMEs 2014-2020 (EIF/SME Initiative Spain - Dedicated Window Account) on behalf of the European Fund of investments (FEI), by holding the appropriate pledge contract.

The account pledged assets will be formed by: • the deposits by the Kingdom of Spain with the amounts transferred by the Commission charged to the operating program of the SME 2014-2020 initiative.

• Any other present or future credit that may have the Kingdom of Spain against the chattel creditor as a result of the Treasury asset management.

• Any credit that may have the Kingdom of Spain against the depositary bank in connection with this account.

The garment will be constituted as collateral for the fulfillment of the obligations of the Kingdom of Spain with the FEI born by virtue of, or in accordance with the agreements signed between the Kingdom of Spain and the EIF relating to the operational initiative program SME 2014-2020.

Contributions to the account referred to in paragraph will be implemented through non-budgetary nature Treasury operations.

First final provision. Skill-related title.

Article 1 of the present Royal Decree-law is run under the aegis of the exclusive powers which the article 149.1, 13th and 18th of the Constitution rules attribute to the State in terms of bases and coordination of general economic activity planning and bases of the legal regime of public administrations and of the statutory scheme for their civil servants, respectively.

Articles 2, 3 and 12 and the second final disposition, as well as the first additional provision of the present Royal Decree-law are issued under cover of the exclusive powers which the article 149.1.18. ª of the Constitution attributes to the State in terms of bases of the legal regime of public administrations and of the statutory regime and its officials on basic legislation on contracts respectively.

Articles 4 to 10 and the fourth additional provision of this Royal Decree-Law issued under cover of the exclusive competence to the article 149.1.14. ª of the Constitution attributes to the State's General Treasury.

Article 11 of the Royal Decree-law is run under the aegis of the exclusive powers which the article 149.1, 14th and 18th of the Constitution rules attribute to the State of General Finance and legal regime of public administrations, respectively.

Second final provision. Modification of the organic law 6/2001, of 21 December, on universities.

The organic law 6/2001, of 21 December, on universities, is hereby amended as follows: one. Paragraph 2 of article 62 is drawn up in the following way: «2. competitions may be presented who have been accredited in accordance with regulated, for each case, under articles 59 and 60, as well as officials of the body of teachers holders of University and university professors Corps.»

In addition, universities may be called internal promotion spaces, which are equipped with the State of expenses from your budget, for access to the body of professors of University. These spaces, which may not exceed the maximum number of squares that are the subject of public job on duty free, in that same year, for access to the teaching bodies of article 56 of this law, will be scheduled for the body of teachers holders of university career or of the scale of research scientists of the public research institutions that they have given, as a minimum, two years of effective service under this condition. Officials who participate in these competitions will be accredited for the teaching staff of university professors".

Two. Article 63 is drawn up in the following way: «article 63. Faculty mobility.

The universities may be called tenders for the provision of teaching vacancies highlights in the statement of expenditure in their budgets, in accordance with the following rules: 1st call for proposals will be published in the «Official Gazette» and of the autonomous region, and must contain, as a minimum, the following aspects: to) the identification of each of the announced vacancies must bear on the relationship of jobs of the University, in accordance with the provisions of article 70 of this law, noting, in any case, its name, features, body corresponding to the vacancy and the area of knowledge.

(b) the assessment criteria for the award of the vacancies that must be curricular and include the history teacher and researcher of the candidate and his project in the corresponding matter or specialty and ability of oral presentation.

(2nd may participate in the competitions of provision of vacancies who have played at least two years the post of origin and are: a) for positions of professors: 1st career of the body of university professors from different universities of the country. 2. career of the scale of research professors of public research institutions in the area of knowledge to which correspond the vacancy, that have accreditation for university professors.

(b) for the posts of Professor: 1 career of teachers holders of University body of various universities of the country. 2nd career researchers scientists scales of public bodies of research and scientific holders of public research institutions, knowledge area with the corresponding to the vacancy, that have accreditation to teachers Titulares de Universidad.

3rd shall apply to disabled competitions the rules laid down in articles 64, 65 and 66 of this Act.
All the requirements for participation as well as the alleged merits shall meet on the date of expiry of the deadline for presentation of instances, crediting in the form established in the respective calls.

4th square obtained after the competition for provision of jobs must play for two years, at least, before to participate in a new contest to obtain a different place in this or another University.

«5th vacant covered in these competitions, as long as they pose no new personal income, not be counted for the purposes of the public employment offer.»

3. Article 64 is drawn up in the following way: «article 64. Guarantees of the tests.

1. in the access, both free turn by internal promotion competitions, will be guaranteed, at all times, the equality of opportunity of the candidates and the respect for the principles of merit and ability.

2. in these competitions of access, universities will make public the composition of the committees, as well as the criteria for the award of the squares. Once concluded, audiences will make the results of the evaluation of each candidate, broken down by each of the evaluated aspects.»

Third final provision. Entry into force.

The present Royal Decree-Law shall enter into force the day of its publication in the «Official Gazette».

Given in Madrid, on September 11, 2015.

PHILIP R.

The Prime Minister, MARIANO RAJOY BREY annex I section 17: Ministry of development credits extraordinary granted: service 38. Directorate-General of highways.




Application name amount (euro) 453B article 60 investment new infrastructures and goods intended for general use.





 






Concept 608 new investment in infrastructure and goods destined for general use: land and natural resources. Obligations from prior years.





100.554.263,41 concept 609 investment new infrastructures and goods destined for general use: other. Obligations from prior years.





82.622.594,17 453B article 61 investment of spare infrastructure and goods intended for general use.





 






Concept 618 investment of spare infrastructure and goods destined for general use: land and natural resources. Obligations from prior years.





16.637.783,45 619 investment concept of replenishment in infrastructures and goods destined for general use: other. Obligations from prior years.





10.858.894,75 453B article 62 investment new associated with the operation of services.





 






Concept 628 new investment associated with the operation of services. Obligations from prior years.





19.589,94 453B article 64 expenses of intangible investments concept 648 expenses of intangible investments. Obligations from prior years.





450.666,21 453C article 61 investment of spare infrastructure and goods intended for general use.





 






Concept 618 investment of spare infrastructure and goods destined for general use: land and natural resources. Prior-period obligations 3.405.145,70 619 investment concept of replenishment in infrastructures and goods destined for general use: other. Obligations from prior years.





36.783.901,10 designation of programs.

Program 453 B: «Creation of road infrastructure».

Program C: 'Conservation and exploitation of roads' 453.

Annex II State society's rescue and maritime safety (SASEMAR) exploitation 2015 budget (in thousands of euros amount) account of losses and earnings budget initial modification (*) budget end to) operations continued.





 





 





 






1. NET AMOUNT OF TURNOVER.





13.076





 





13.076






4. SUPPLIES.





(-55.876 40.686-96.562 c) work done by other companies.





– 55.876





– 40.686





– 96.562






5. OTHER OPERATING INCOME.





123.500 40.936 164.436 a) accessories income and other current management.





(3,500 3,500 b) subsidies to the outcome of the exercise.





120,000 40.936 160.936 - from the General Administration of the State.





120,000 40.936 160.936 6. PERSONNEL EXPENSES.





– 63.119





 





– 63.119






7. OTHER OPERATING EXPENSES.





(-11.404 250-11.654 to) external services.





– 11.404





– 250





– 11.654






8. AMORTIZATION OF ASSETS.





– 34.695





 





– 34.695






9. ALLOCATION OF GRANTS FROM NON-FINANCIAL FIXED ASSETS AND OTHERS.





(30.498 30.498 A.1) OPERATING RESULT.





1.980





 





1.980






18. FINANCIAL EXPENSES.





-1980 - 1980 A.2) FINANCIAL RESULT.





-1980 - 1980 A.5) PROFIT FOR THE YEAR.





0 0 (*) the modification includes the supplement of credit amounting to 31.049.920 euros in the present Royal Decree-Law, credit outstanding amounting to 9.636.360 euros granted by Royal Decree-Law 6/2015, May 14, amending the law 55/2007, of 28 December, the film, are granted several loans outstanding and supplements of credit in the State budget and adopt other measures tax and credit transfer for 250,000 euros approved by the Minister of finance and public administration to meet the hiring of legal aid services to the Spanish State abroad arising from the catastrophe of the ship «Prestige».

Annex III section 23: Ministry of agriculture, food and environment appropriations extraordinary granted: Service 05. Water General direction.




Application name amount (euro) 452A article 60 investment new infrastructures and goods intended for general use.





 






 





Concept 602 new investment in infrastructure and goods intended for general use. Obligations from prior years.





7.293.893,01 452A article 61 investment of spare infrastructure and goods intended for general use.





 






 





Concept 614 investment of spare infrastructure and goods intended for general use. Obligations from prior years.





12.991.766,99 452A article 62 investment new associated with the operation of services.





 






 





Concept 621 new investment associated with the operation of services. Obligations from prior years.





34.460,14 452A article 64 expenses of intangible investments.





 






 





Concept 641 expenses of intangible investments. Obligations from prior years.





102.050,45 456A article 60 investment new infrastructures and goods intended for general use.





 






 





Concept 602 new investment in infrastructure and goods intended for general use. Obligations from prior years.





7.139.307,77
456A article 61 investment of spare infrastructure and goods intended for general use.





 






 





Concept 614 investment of spare infrastructure and goods intended for general use. Obligations from prior years.





90.379,97 456A article 64 expenses of intangible investments.





 






 





Concept 641 expenses of intangible investments. Obligations from prior years.





1.577.556,94 000 x article 41 to self-regulatory bodies.





 






 





Concept 412 to the hydrographic confederations, for the payment of the IBI of State-owned assets. Obligations from prior years.





 






 





 





00 Confederación Hidrográfica del Duero.





2.870.271,46 01 Confederación Hidrográfica del Ebro.





4.175.606,74 02 Confederación Hidrográfica del Guadalquivir.





16.290.208,63 03 Confederación Hidrográfica del Guadiana.





10.672.707,48 000 x article 41 to self-regulatory bodies.





 






 





Concept 412 to the hydrographic confederations, for the payment of the IBI of State-owned assets. Obligations from prior years.





 






 





 





04 Confederación Hidrográfica del Júcar.





1.985.195,65 05 Confederación Hidrográfica del Miño - Sil.





118.860,67 06 Confederación Hidrográfica del Segura.





671.375,91 07 Confederación Hidrográfica del Cantábrico.





61.487,23 08 Confederación Hidrográfica del Tajo.





3.473.840,38 supplements of credit granted are: Service 05. Water General direction.




Application name amount (euro) 452A article 60 investment new infrastructures and goods intended for general use.





 






Concept 609 expropriations, modified, additional and other incidences of investments from previous years.





1.029.517,56 452A article 61 investment of spare infrastructure and goods intended for general use.





 






Concept 619 incidences of investments from previous years.





4.964.051,15 456A article 60 investment new infrastructures and goods intended for general use.





 






Concept 609 expropriations, modified, additional and other incidences of investments from previous years.





787.384,34 designation of programs.

Program 452A: «Water infrastructure and management».

456A program: "Water quality".

Program 000 X: 'Internal transfer'.

Annex IV amendment of the budgets of the hydrographic confederations 102 organism: Confederación Hidrográfica del Cantábrico.

Application description amount (EUR) income article 40 of the administration of the State.





 






 





Concept 400 of the Department to which it is attached.





 






 





 





01. for payment of IBI's State-owned assets.





61.487,23 item 87 remnants of Treasury.





 






 





Concept 870 remnants of Treasury.





-61.487,23 body 103: Confederación Hidrográfica del Duero.

Application description amount (EUR) income article 40 of the administration of the State.





 






 





Concept 400 of the Department to which it is attached.





 






 





 





01. for payment of IBI's State-owned assets.





2.870.271,46 item 87 remnants of Treasury.





 






 





Concept 870 remnants of Treasury.





-2.749.098,96 expenses credit supplement: application name amount (euro) 452A article 22 Material, supplies and others.





 






 





Concept 225 tributes.





 






 





 





05 taxes local State-owned assets, including obligations from prior years.





121.172,50 agency 104: Confederación Hidrográfica del Ebro.

Application description amount (EUR) income article 40 of the administration of the State.





 






 





Concept 400 of the Department to which it is attached.





 






 





 





01. for payment of IBI's State-owned assets.





4.175.606,74 item 87 remnants of Treasury.





 






 





Concept 870 remnants of Treasury.





-4.175.606,74 body 105: Confederación Hidrográfica del Guadalquivir.

Application description amount (EUR) income article 40 of the administration of the State.





 






 





Concept 400 of the Department to which it is attached.





 






 





 





01. for payment of IBI's State-owned assets.





16.290.208,63 item 87 remnants of Treasury.





 






 





Concept 870 remnants of Treasury.





-16.290.208,63 body 106: Confederación Hidrográfica del Guadiana.

Application description amount (EUR) income article 40 of the administration of the State.





 






 





Concept 400 of the Department to which it is attached.





 






 





 





01. for payment of IBI's State-owned assets.





10.672.707,48 expenses credit supplement: application name amount (euro) 452A article 22 Material, supplies and others.





 






 





Concept 225 tributes.





 






 





 





05 taxes local State-owned assets, including obligations from prior years.





10.672.707,48 agency 107: Confederación Hidrográfica del Júcar.

Application description amount (EUR) income article 40 of the administration of the State.





 






 





Concept 400 of the Department to which it is attached.





 






 





 





01. for payment of IBI's State-owned assets.





1.985.195,65 expenses credit supplement: application
Amount (Euros) 452A 22 item denomination Material, supplies and others.





 






 





Concept 225 tributes.





 






 





 





05 taxes local State-owned assets, including obligations from prior years.





1.985.195,65 agency 108: Confederación Hidrográfica del Miño - Sil.

Application description amount (EUR) income article 40 of the administration of the State.





 






 





Concept 400 of the Department to which it is attached.





 






 





 





01. for payment of IBI's State-owned assets.





118.860,67 item 87 remnants of Treasury.





 






 





Concept 870 remnants of Treasury.





-Body 118.860,67, 109: Confederación Hidrográfica del Segura.

Application description amount (EUR) income article 40 of the administration of the State.





 






 





Concept 400 of the Department to which it is attached.





 






 





 





01. for payment of IBI's State-owned assets.





671.375,91 expenses credit supplement: application name amount (euro) 452A article 22 Material, supplies and others.





 






 





Concept 225 tributes.





 






 





 





05 taxes local State-owned assets, including obligations from prior years.





671.375,91 agency 110: Confederación Hidrográfica del Tajo.

Application description amount (EUR) income article 40 of the administration of the State.





 






 





Concept 400 of the Department to which it is attached.





 






 





 





01. for payment of IBI's State-owned assets.





3.473.840,38 item 87 remnants of Treasury.





 






 





Concept 870 remnants of Treasury.





-3.473.840,38