Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-8337
Article 56.cuatro of law 18, 2014, on 15 October, adoption of urgent measures for growth, competitiveness and efficiency, modifies the text revised the law of State ports and merchant marine, approved by Royal Legislative Decree 2/2011, 5 September, introducing a new article 159 bispor establishing the financial background of port land accessibility that it nutria with contributions of Puertos del Estado and the port authorities in respect of loan.
The creation of this Fund, which fits into the funds without legal personality regulated in article 2(2) of the Law 47/2003, of 26 November, General budget, allows, in conjunction with other measures included in the Act in relation to private participation in the financing of land ports access, encouraging the participation of the public port in the financing of projects of road and railway connection It is necessary to provide adequate accessibility to ports of general interest from the boundary current in its area of service to the point of connection with General common use transport networks, as well as those associated with the improvement of networks General transport in common use, for the purpose of enhancing the competitiveness of port facilities favouring road and rail intermodal freight transport and the sustainability of the transport system.
This Fund allows, without questioning the framework of economic self-sufficiency that governs the port system Spanish general interest or the programming of the construction of new infrastructure of the sea side, addressed the current economic situation in that, capacity in the system and infrastructural needs foreseen for the next years, the contribution to the effort to alleviate the shortage of road and railway connections from ports of general interest and the improvement of the General networks for the transport of goods, whose failure is struggling with their competitiveness and conditioning their possibilities of growth and attraction of higher levels of private investment. In short, the Fund is an instrument to accelerate the construction of access land ports, to consider appropriate connectivity the same as a strategic factor for the Spanish economy and its export capacity, as well as a fundamental element to enhance its role as a logistics platform at the service of international maritime transport, given its geostrategic position.
This Royal Decree is intended the regulatory development of article 159 bisdel consolidated text of the law of State ports and merchant marine by establishing the financial background of port land accessibility, in order to regulate the operation and application of the resources of the Fund.
The standard consists of twelve articles, a provision transient and four provisions late.
In the elaboration of this standard, the port authorities have been consulted and he has been requested to report to the Ministry of finance and public administration.
In his virtue, to proposal of the Minister of promotion, with the approval prior of the Minister of Hacienda and administrations public, in accordance with the Council of State and prior deliberation of the Council of Ministers in its meeting of the day 24 of July of 2015, HAVE: article 1. Object.
The object of this Royal Decree is to regulate the financial background of port land accessibility, in accordance with paragraph 1 of article 159 bis of the consolidated text of the law of State ports and merchant marine, approved by Royal Legislative Decree 2/2011, 5 September.
Article 2. Nature and purpose of the financial background of port land accessibility.
1. Fund financial of accessibility terrestrial port is falls in them funds lacking of personality legal regulated in the article 2.2 of the Law 47 / 2003, of 26 of November, General budgetary and its purpose is the funding of works in them infrastructure of connection road and railway necessary for provide of proper accessibility to them ports of interest general from the limit existing of its area of service until the point of connection with them networks General of open to common use, as well as the associated to the improvement of the General transport networks of common use, in order to enhance the competitiveness of intermodal freight transport road and rail transport.
2. for these purposes, shall be deemed existing service area limit the existing in the moment before the Affectations of land made explicitly and necessarily to carry out connection infrastructure described in the preceding paragraph.
3. on the concept improvement of general common use transport networks are considered including connections and actions associated with the dry ports and other intermodal logistics platforms, in whose ownership is involved a public agency port.
In this case, the participation of them agencies public port in the performance of that is try not may overcome the proportion that les corresponds in its ownership.
Article 3. Resources of the Fund.
He Fund financial of accessibility terrestrial port is nutria with them contributions that, with nature of loan, made them organisms public port, that will have character mandatory or voluntary in the terms that is determine in them articles 4 and 5.
Article 4. Regime of mandatory contributions.
1. ports of the State and the authorities port shall accrue annually contributions with character required to the Fund financial of accessibility terrestrial port.
2. the annual amount of compulsory contributions accrued for each public agency port is set to a percentage of the sum of the net profits resulting from the latest approved annual accounts, once excluded the Interportuario compensation fund received in the year corresponding to the ordinal 1 to 5 of paragraph 5.b) of article 159 of the revised text of the law of State ports and merchant marine , the result by divestitures and casualties of the non-current asset, income by joining the assets of financial costs, the transfer to results of capital grants, donations and bequests, financial interests received by loans to the Fund and other outcomes that have the extraordinary character. For these purposes, shall not be considered extraordinary income the economic contributions of the dealers for the financing of infrastructure of terrestrial connection between general transport networks of common use and the service area of ports or improvements of such networks.
The Committee of distribution of the compensation fund Interportuario, in its role as administrator of the financial background of port land accessibility, shall establish for each financial year the percentage of benefits to provide, which shall not exceed 50 per cent of them nor be lower of 25 percent, unless the holder of the Ministry of public works provides one smaller percentage. The percentage of contribution is reduced to the half for them authorities port extrapeninsulares.
3. However it willing in the paragraph 2, not will come forced to perform contribution annual to the fund them organisms public port that finish the last exercise closed with a Fund of maneuver, discounting in the amount of the contributions mandatory enforceable not disbursed a time deducted them payments pending of compensate in accordance with it planned in the paragraph 4 of this article , added to the chapter of "Other financial assets" of non-current assets of the balance sheet, excluding contributions to the Fund disbursed pending amortisation, be negative or inferior to 150 percent of the amount that would correspond them to contribute.
4. port public bodies may offset mandatory contributions whose disbursement is required with payments made, as well as with those provided for in the budget for the period of disbursement of the contribution, once deducted the subsidies associated with them, corresponding to investments and economic contributions in those works that are financed by the Fund, or without being financed by the same meet your requirements and purpose, provided that they are specified in the corresponding budget and they have been approved for their compensation by the Interportuario compensation fund distribution Committee. At the end of the financial year compensation based on payments actually made, is regularizarán, in his case, accusing the balance resulting to disbursements from the exercise following or successive.
5. mandatory contributions shall be payable from the first of January of the year to which they relate, for a period of five years. For this purpose, in the budgets of public port agencies with mandatory contribution commitments enforceable and not countervailable pending disbursement is consider a working capital sufficient to deal with them when they needed them, in implementation of the resolutions adopted by the Committee of distribution of the Interportuario compensation fund.
6. them amounts whose disbursement is requires annually to them organisms public port is determined taking in has them needs of financing of the Fund, taking in has them contributions voluntary received, a time discounted them possible destinations alternative of these resources and others objectives of political port, and will be transferred by those in the term of three months from its requirement.
If the financial needs of the Fund in each year were lower than the set of mandatory contributions due and not compensated for that exercise over the balance of previous years, the amount disbursed by the whole of port authorities will be prorated among them in proportion to the amount of commitments taking into consideration, where appropriate, compensation. In this case, require each public agency port the amount corresponding, attributed it to the required exercises in order of seniority, beginning with the oldest.
7. the amounts received by the Fund in respect of mandatory contributions will have a payback period of twenty years, with three of lack, from its disbursement and straight-line depreciation. These amounts shall accrue in favour of the public port agencies variable revisable interest every six months, which shall be deemed effective interest for accounting purposes. The interest rate of reference, for each period, shall be the average, weighted by volume of emission of the average rates of interest of placement in debt within six months carried out by the Treasury of the Kingdom of Spain in the six months prior to this review. Alternatively, they shall bear a fixed rate indexed to the average yield of the Treasury bonds with maturity equal or closer to the date of repayment of contributions. The interest will be paid every six months.
8. the amortized amounts corresponding to contributions that were at the time the nature of compulsory contribution to the Fund will be available by the port public bodies for the fulfilment of its purposes.
Article 5. Scheme of contributions voluntary.
1.Puertos of the State and the port authorities may make additional contributions to the Fund, which will also have the character of a loan. The annual amount of the same shall be determined respectively by the Council President of Puertos del Estado and the boards of Directors of the port authorities their Treasury surplus. These decisions shall be adopted previously to the agreement of the Business Plan and, in the case of the State ports, to the preparation of budgets and annual consolidated programs.
2 ports of the State and the Fund, prior authorization under the terms laying down the relevant General State budget law, and where appropriate, the authorization provided in article 111 of law 47/2003, of 26 November, General budget, may be financial transactions in order to anticipate the same resources. Servicing this debt will have to fund preferential character on the reinstatement of the contributions received.
3. voluntary contributions will have a three-year grace period and a variable, revisable interest every six months, which will be considered effective for accounting purposes interest, and tied to the interest rate of the Treasury bills maturing six months more fifty basis points, payable semiannually. Alternatively, they shall bear a fixed rate indexed to the average yield of the Treasury bonds with maturity equal or closer to the date of repayment of contributions.
4. voluntary contributions are formalized in a contract of loan, which will sign the President of Puertos del Estado, as Chairman of the distribution Committee of the Interportuario compensation fund, and the port authority in representation of the same. In the event that the voluntary contribution is carried out by the State ports, the contract will be signed on behalf of that public body by its Director of resources and auditing.
5. voluntary contributions shall be for its effectiveness of acceptance by the Committee of distribution of the Interportuario compensation fund.
Article 6. Characteristics of the loans granted.
1.podran eligible for loans from the financial background of port land accessibility port public bodies, to the financing of specific projects that meet the purpose and requirements the same in this Royal Decree.
2. loans will be agreed by the Committee of distribution of the compensation fund Interportuario, taking into account the possibilities and multiannual availability of the Fund and the selection of projects financed.
3. the distribution of the Interportuario Compensation Fund Committee shall adopt the conditions of loans.
In any case, the duration of loans does not exceed twenty years or the term of amortization of the funded work, if lower; and they may not have a period of more than three years lack or to the period of construction financed if it were lower, that for these purposes will be considered completed at the time of the signing of the certificate of provisional acceptance of the works.
The interest rate will be variable, and will be set every six months on the basis of the average cost, in the previous semester, not depreciated disbursed contributions, both mandatory as a volunteer, and financial operations provided for in article 5(2) received by the Fund; or, Alternatively, a fixed type referenced in the average yield of the Treasury bond with a maturity equivalent to the period of repayment of loans.
Interest shall be payable semiannually.
In the event of any payment delay, the loan agreement will see compounded interest on arrears.
4. in the event that the Government port agency get any non-refundable contribution or subsidy to finance the works, the set amount of the proceeds and loans charged to the Fund may not exceed budget allocation of the work more the value of expropriations being in charge.
In the case of works for the improvement of the General transport networks of common use that are funded total or partially through loans Fund, agreed with the agency or competent entity for execution through an agreement, the amount of the loan shall not exceed the amount provided for such action by the public agency port.
The financing of works for the improvement of general common use transport networks that have been financed by the Fund, or that, without being financed by the same, his compensation has been approved by the Committee of distribution of the compensation fund Interportuario, will represent to the port authorities a patrimonial deduction by the amount of the funding agreed in the corresponding Convention.
5. the receiving port public agencies of loans must allocate any significant surplus in its working capital, taking into account the multiannual financial programming, to the early repayment of loans received, including this requirement in the loan agreement.
6. the loans formalized in a contract, which will sign the President of Puertos del Estado, as Chairman of the distribution Committee of the Interportuario compensation fund, and the corresponding port public body on behalf of the same. In the event that the recipient of the funding is Puertos del Estado, the contract will be signed on behalf of that public body by its Director of resources and auditing.
7. the receiving port public agencies may agree on the early repayment of loans received without penalty. Early amortisation shall apply to all public bodies port in the proportion that represents the amount of loans live each of them over the total. In this case, the amount corresponding to each port public body will fall within the exercises that the disbursement was made in order of seniority, beginning with the oldest article 7. Requirements for access to financing from the Fund.
((1. economic contributions of dealers resulting from the enlargements of the concession periods for connection works or improvements in general use common transport networks envisaged in article 82.2, c2) and the transitional provision decima.1.b) of the consolidated text of the law of State ports and merchant marine shall apply the port authorities previously to the request for financial assistance from the Fund. Only when there are no pending application financial contributions or non-sufficient funding from the Fund may be requested.
2. the actions and projects that do not have economic and technical viability and proposals by port authorities that lack of financial capacity to pay the interest and return loans may not be financed with charge to the Fund or the compensation referred to in article 4.4 of this Royal Decree. To this end, the proponent Agency will provide corresponding feasibility study, which will include an analysis of cost-benefit, taking into account real and foreseeable demands of interconnection with the port and the real and foreseeable traffic.
3 for the activities and projects proposed by the port authorities to access such funding must have favorable report of Puertos del Estado.
4. the projects to fund with the Fund, as well as those that allow compensation of compulsory contributions to it, should be included in the Business Plan of the port authority or the budgets of the State ports.
Article 8. Procedure and criteria for the evaluation of performances.
1. projects is selected annually taking in has them availability present and multiannual of the Fund and the contributions compulsory that is have determined in accordance with the article 4.6.
The projects will be sorted on the basis of previously established, and transparent assessment criteria in accordance with the provisions of the following paragraph. On the basis of the resulting management and taking into account the availability of the Fund, will select projects to fund.
2. the distribution of the Interportuario Compensation Fund Committee will evaluate and order proposed operations using criteria to be established with the favorable vote of Puertos del Estado.
In any case, the following criteria will be included: to) the annual indicative lines of action of the Fund decided by the Committee of distribution of the Interportuario compensation fund.
(b) the interest of the project for the whole of the Spanish port system.
(c) the cost of the project, including the cost of opportunity or not to fund the project, considering the existence of other alternative projects or alternative sources of financing, as well as the cost-benefit analysis.
(d) the possible financing of European funds or private co-financing.
(e) the impact of the project on the competitiveness of the Spanish economy.
(f) any other relevant element that is deemed of interest to the evaluation and approval of the proposals.
Article 9. Administration of the Fund.
1. port land accessibility financial fund will be managed by the State ports and port authorities in accordance with the resolutions adopted by the Committee of distribution of the compensation fund Interportuario, regulated in article 159 of the revised text of the law of State ports and merchant marine, whose functions are expanded empowering it to adopt the management agreements of the financial background of port land accessibility in the terms established in the This Royal Decree.
2 arrangements of the distribution Committee of the Interportuario compensation fund the financial background of port land accessibility will be adopted by a majority of two-thirds of the attendees.
Article 10. Regime budgetary, financial, accounting, and control of the Fund.
1. the regime budgetary, financial, accounting and of control of the Fund financial of accessibility land port will be the planned for them funds lacking of personality legal in the Law 47 / 2003, of 26 of November, General budget and its provisions of development.
2. the distribution of the Interportuario Compensation Fund Committee approve annually, in accordance pursuant to articles 64 and 65 of the General budget law, operating and capital budgets and fund multiannual action programme, that will be referred to the Ministry of public works for processing in the way established in article 66 of this law and integration into the General State budget.
3. the accounts of the Fund shall comply with the resolution of July 1, 2011, of the General intervention of the administration of the State, which are approved accounting standards relating to funds lacking legal status referred to in paragraph 2 of article 2 of the General Budget Bill and the registration of operations of such funds in contributors administrative public sector entities.
4. the accountability will be held at the Court of Auditors, through the General intervention of the administration of the State, in accordance with the provisions of chapter IV of title V of law 47/2003 of 26 November. The accounts shall be accompanied by the auditor's report in the terms established in the articles 163 and 168 of the Act.
5. the formulation, making available and accountability are the President of Puertos del Estado. The distribution Committee of the Interportuario compensation fund will be who conduct the review and, where appropriate, the approval of the audited accounts.
Article 11. Mechanisms of Control.
1.Puertos of the State, by decision of its President, will establish the internal control mechanisms which it considers necessary in order to ensure the security of assets, the reliability of financial information and compliance with laws and regulations applicable for the management of the financial background of port land accessibility.
2. in relation to the financing operations which the Fund concluded with the port authorities, the Committee of distribution of the Interportuario compensation fund may request ports of the State how many checks are considered to be accurate to ensure the correct application of the loans granted to the selected projects.
3. in any case, it is mandatory to make a report of control at the end of each project in order to determine the nature of the works were likely to be financed by the loans granted by the Fund, the works correspond to the projects selected by the Committee of distribution of the Interportuario compensation fund and the amount of investments made and paid is not less than the amount of the granted loan.
The control report will be done by ports of the State with respect to actions carried out by the port authorities, and by the inspection of the Ministry of development in relation to the ports of State.
In the event that the report made shall determine that the amount of the investments is inferior to the granted loan, receiver port public loan Agency will proceed to immediate amortisation of the loan for the amount of the difference.
Article 12. Parliamentary control.
Puertos del Estado shall annually prepare an individual report of the Fund, which will be incorporated into the planned annual report article 18.2 of the revised text of the law of State ports and merchant marine for his elevation to the Cortes Generales.
Transitional provision. Compensation payable to works that meet the requirements and purpose of the financial background of port land accessibility made prior to the entry into force of this Royal Decree.
Payments made in execution of awarded works subsequent to the entry into force of the Royal Decree-Law 8/2014, of 4 July, on urgent measures for growth, competitiveness and efficiency, if they meet the requirements and purpose of the financial background of port land accessibility, may be compensated by compulsory contributions approved for the Fund.
First final provision. Title competence.
This Royal Decree is issued under cover of the provisions of article 149.1.20. ª of the Spanish Constitution, which attributes to the State the exclusive competence in the field of ports of general interest.
Second final provision. Enabling the regulatory development.
Enables the holder of the Ministry of public works to dictate how many provisions and acts are necessary for the development of this Royal Decree.
Third final provision. Start of operation of the Fund.
The provisions of this Royal Decree on the system of contributions to the Fund and its application will be effective once approved its first budget.
Fourth final provision. Entry into force.
This Royal Decree shall enter into force the day following its publication in the "Official Gazette".
Given in Madrid, the 24 July 2015.
The Minister of promotion, ANA MARÍA PASTOR JULIÁN
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