Order Eit/1178/2015, Of 16 June, Which Regulates The Process Of Extinction Of The Liquidator Commission Of The Office Of Compensation Of Electric Energy.

Original Language Title: Orden IET/1178/2015, de 16 de junio, por la que se regula el proceso de extinción de la Comisión Liquidadora de la Oficina de Compensaciones de Energía Eléctrica.

Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-6792

The fourteenth transitory provision of law 54/1997 of 27 November, the electric Sector, on transfer of functions of the Office of compensation of electric energy (OFICO), established the National Commission of the system electric (CNSE), assume OFICO functions on the form that will determine the Government, must be statutorily regulate transfer and the means necessary for its performance. Once the transfer OFICO would become extinct.

The transitional provision of the law 66/1997, of 30 December, fifth measures fiscal, administrative and Social order, provided that regulations would be the transfer of human resources, economic and material of OFICO is found necessary for the proper management of the Institute for alternative development of the mining regions and the restructuring of the coal mining , without prejudice to the obligations that corresponding to the National Commission of the electrical system on the assumption of the functions of that office.

For this reason, the Royal Decree 2596 / 1998 of 4 December on liquidation and extinction of the Office of compensation of electric energy (OFICO), and transfer of their functions and means to the National Commission on the electric system, established rules and procedures relating to the extinction of that office and the creation of the Commission of liquidator of OFICO (CLOFICO) with the allocation of functions and resources that were allocated to the Commission and the Institute for alternative development of the mining regions and the restructuring of the coal mining.

In article 4 of the Royal Decree 2596 / 1998, December 4, everything related to the creation and assignment of functions of the liquidator of OFICO Commission established. Thus, in its paragraph 1 was established the composition of the Commission liquidator of OFICO, while paragraph 2 is assigned the management of the funds committed to the account of the specific costs associated with the mining of the coal referred to in Royal Decree 2203 / 1995 of 28 December, on the specific costs of subsidies to coal mining including the corresponding adjustments of aid granted prior to January 1, 1998. It is also entrusted him the liquidation of many obligations could correspond to OFICO as a result of the management of their own heritage. Moved also have consideration of extrabudgetary funds to manage, and for its management, should be the opening of a special account.

On the other hand, in its paragraph 3 established that balances that occur as a result of the closure of records, the liquidation of its own OFICO heritage, as well as financial income in the special account, should be transferred to the Institute for alternative development of the mining regions and the restructuring of the coal mining.

Finally, in its paragraph 4 moved that the Commission liquidator would be extinguished once had been settled all outstanding commitments.

In the first final provision of the Royal Decree 2596 / 1998, December 4, empowered the Minister of industry and energy to enact the provisions necessary for the implementation of the same. The order was issued in the exercise of this power, connected from 27 December 1999, on operation of the liquidator Commission, through which the aspects necessary for the exercise of the activities are regulated to develop.

Article 4 of the Statute of the Institute to the restructuring of the coal mining and alternative development of the mining regions, approved by Royal Decree 492/1998, of March 27, credited, among others, the following functions: «) manage the aid of any kind granted to companies engaged in coal mining, both for its mining activity such as restructuring and rationalization of the processes carry liability indemnity acquired by coal mining enterprises with their workers as a result of the termination of contracts of employment, in accordance with the procedure and subject to the requirements and limits that are established.

(…)

(d) manage the aid to cover exceptional charges linked to plans for modernisation, restructuring and rationalization of the activity of the coal mining enterprises.

(e) to manage subsidies of any kind relating to the alternative economic development of coal mining areas.

(…)»

Considering that the time elapsed since the creation of the Commission of liquidator of OFICO has given rise to actions of liquidation of the rights and obligations of the Office of compensation of electric energy (OFICO), have been carried out and that the General intervention of the administration of the State, in its report on the 2006 exercises financial control , 2007-2008, dated 13 July 2009 (supplemented by another dated July 18, 2011) the conclusions of both indicates that there are no objective reasons to delay the process of extinction of the liquidator Commission of OFICO, proceeds to have the necessary for the extinction of this Commission and the transfer of their balances, rights and obligations to the Institute for alternative development of the mining regions and the restructuring of the coal mining.

This order is issued pursuant to the transitional provision fifth of the law 66/1997, of 30 December, measures fiscal, administrative and Social order and article 4 and final disposition of Royal Decree 2596 first / 1998, of 4 December, with the approval of the Minister of finance and public administration, as required in article 66.2 and 67.4 of law 6/1997 April 14, organization and functioning of the General Administration of the State.

By virtue, with the prior approval of the Minister of finance and public administration, have: article 1. Object.

The purpose of this order is the regulation of the process of extinction of the liquidator Commission of OFICO and the final transfer of all balances, rights and obligations pending definitive settlement to the Institute for alternative development of the mining regions and the restructuring of the coal mining.

Article 2. Balance of liquidation and closure and incorporation to the accounts of the Institute for alternative development of the mining regions and the restructuring of the coal mining.

1. the liquidator of OFICO Commission shall draw up a balance of liquidation and closing date of the entry into force of this order, which shall contain the goods and rights as well as obligations, which will be incorporated into the accounts of the Institute for alternative development of the mining regions and the restructuring of the coal mining.

2 that incorporation will take place by the values appearing in the balance sheet's closing, without prejudice to that referral values must be corrected for errors or other circumstances make clear in the report of financial control, which will be requested to the General intervention of the administration of the State Institute for alternative development of the mining regions and the restructuring of the coal mining.

Article 3. Proceedings for the liquidation of obligations and rights managed by the liquidator of OFICO Commission.

For the final liquidation of obligations and rights that still manages the liquidator of OFICO Commission, all rights, both liquids must be transferred to Institute for alternative development of the mining regions and the restructuring of the coal mining as of credit, appearing in the balance sheet for liquidation and closing it is referred to in the previous article.

Article 4. Extinction of the liquidator Commission of OFICO and transfer to the Institute.

Once carried out the actions provided for in the preceding articles, there will be the extinction of the liquidator of OFICO Commission to the date of liquidation and closing balance; the transfer of property, rights and obligations to the Institute for alternative development of the mining regions and the restructuring of the coal mining will be held form extrabudgetary at that date.

First additional provision. Impact on public spending.

The application of the provisions of this order does not entail increased public expenditure nor will involve increased appropriations, fees, or other expenses of staff in the service of the public sector.

Second additional provision. Accountability of the final account of the liquidation to the Court of Auditors.

In accordance with the provisions of article 138.5 of law 47/2003, of 26 November, General budget, shall be the surrender of the final account of the liquidation, the Court of accounts, through the General intervention of the administration of the State.

Sole repeal provision. Repeal legislation.

Are they repealed many provisions of equal or lower rank to oppose the present from its entry into force.

Sole final provision. Entry into force.

This order shall enter into force the day following its publication in the "Official Gazette".

Madrid, June 16, 2015.-the Minister of industry, energy and tourism, Jose Manuel Soria Lopez.