Real Decree 309 / 2015, Of 24 Of April, By Which Is Modifies The Real Decree 166 / 2008, Of 8 Of February, By Which Is Delimits The Area Of Promotion Economic Of The Comunitat Valenciana.

Original Language Title: Real Decreto 309/2015, de 24 de abril, por el que se modifica el Real Decreto 166/2008, de 8 de febrero, por el que se delimita la zona de promoción económica de la Comunitat Valenciana.

Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-4673

By Royal Decree 166/2008, of 8 February, is delimited the area of economic development in the region of Valencia, pursuant to provisions in the Royal Decree 899/2007, of 6 July, which approves the regulation of regional incentives, development of law 50/1985, of 27 December.

He article 5.1 of the Real Decree 166 / 2008, of 8 of February, establishes that «the term of validity of the present area of promotion economic, to them effects of request them aid that is determine in this real Decree, will end the next day 31 of December of 2013».

This however, pursuant to the authorization granted to the delegate Commission of the Government for Economic Affairs both by article 5(2) of the regulation of the regional incentives, of development of the Law 50/1985, of 27 December, article 5(2) of the Royal Decree 166/2008, of 8 February, by agreement of the said Commission delegate of the Government of 4 December 2013 (published in the official Gazette of the day December 30, 2013) , this term has been expanded until is approved them new real decrees of delimitation of the different areas or is modify them currently in force, to them effects of request them aid.

In the «daily official of the Union European» of the last day 23 of July of 2013 is published the guidelines on the aid State of purpose regional for 2014-2020 (2013 / C 209 / 01). These new guidelines, attached to it transience of it force of the Real Decree 166 / 2008, of 8 of February, make necessary modify this Real Decree for continue applying in this area of promotion economic it political of incentive regional, to favor its development promoting it activity economic, and adapting it to them new guidelines community within them limits approved by the Decision of the Commission European helps State SA.38472 (2014 / N) , of 21 may 2014, which approves the map of regional aid of Spain for the period of July 1, 2014 to December 31, 2020.

Is have fulfilled, prior knowledge of the Commission associate of the Government for Affairs economic, them performances of the Council guiding of incentives regional and of the community autonomous of the Comunitat Valencian, planned in the regulation of them incentives regional, of development of it Law 50 / 1985, of 27 of December.

In his virtue, to proposal of the Minister of Hacienda and administrations public and prior deliberation of the Council of Ministers in its meeting of the day 24 of April of 2015, HAVE: article only. Modification of the Royal Decree 166/2008, of 8 February, by which is delimited the area of economic development of the region of Valencia.

The Royal Decree 166/2008, of 8 February, whereby it is delimited the area of economic development of the region of Valencia, is to be re-worded as follows: one. Article 1 is worded as follows: «article 1. Area geographical.

Pursuant to provisions in the Royal Decree 899/2007, of 6 July, which approves the regulation of regional incentives, development of law 50/1985, of 27 December, is delimited the area of economic development of the region of Valencia, which includes all the territory of the autonomous community, except the municipality of Valencia."

Two. Paragraph 1 of article 2 is worded as follows: ' 1. regional incentives which may be granted in this area may not exceed the maximum percentage of the approved investment of 10 percent for large companies, 20 percent for medium-sized enterprises and 30 percent for small businesses.» «In the case of projects with an investment approved upper to 50 million of euros said percentage maximum is set according to it established for them big projects of investment in them guidelines on them supports state of purpose regional for 2014-2020.»

Three. Paragraph 2 of article 3 is worded as follows: ' 2. the delegate of the Government Commission for Economic Affairs, on the proposal of the governing body, following a report of the autonomous community, may establish specific zones within the priority areas referred to in the preceding paragraph. ' «(It Council guiding may propose within them cited areas specific it application of percentages of grant that is concerns the article 11.c) of this real Decree more favorable, as well as the period of application of them same, respecting always the limit maximum established in the article 2 of this real Decree.»

Four. Paragraph 1 of article 5 is worded as follows: ' 1. the term of the present area of economic development, for the purpose of applying for subsidies which are determined in this Royal Decree, will end from December 31, 2020. "

5. The article 8 is worded of the following form: «article 8.» Types and dimensions minimum of those projects.

1 regional incentives, in the area of economic promotion of the Valencian Community, the applicant companies carrying out investment projects of the following types and dimensions may be granted: to) projects of creation of new settlements, as defined in article 7(2) of the regulation approved by Royal Decree 899/2007, of July 6, with an approved investment equal to or greater than € 900,000 , provided that generate new jobs of work.

(b) projects of enlargement, as is defined in the article 7.3 of the regulation approved by the Real Decree 899 / 2007, of 6 of July, with an investment approved whose amount is significant in relation to the fixed assets material of the establishment and, in all case, equal or superior to 900,000 euros, whenever pose an increase significant of it capacity productive that they exceed certain percentage on the allocation to amortisation of the establishment and that generate new jobs and maintain existing ones.

(c) modernization projects, as defined in article 7.4 of the regulations approved by Royal Decree 899/2007, of July 6, with approved investment is significant in relation to the plant and equipment of the establishment which shall be, in any event equal to or greater than € 900,000, provided that they fulfil the following conditions: 1 that the investment constitutes an important part of the tangible and that exceed certain percentage on the allocation to amortisation of the establishment that is modernized and that involves the acquisition of machinery technologically advanced that produce an increased sensitive of the productivity.

2nd that investment resulted in the diversification of the production of an establishment to cater to markets of products of new and additional or assume a fundamental transformation in the overall production process of an existing establishment.

3rd who will maintain the existing jobs.

2. in the case of large companies, you may only grant aid for initial investments that attract new activities, or for the diversification of establishments existing in new products or new innovative processes.

3. the Executive Council shall lay down the criteria with respect to the amount to be considered significant, the approved investment, in relation to the material assets of the establishment, the capacity increase of production and productivity and percentages manning depreciations of the establishment, referred to in previous paragraphs.'

6. Article 9 is drawn up as follows: «article 9. Requirements of the projects.

1 investment projects seeking to qualify for the benefits provided in this area of economic promotion shall comply in addition the following requirements: to) be viable technique, economically and financially.

(b) self-financing at least 25 per cent of their approved investment. In addition the company must have a minimum level of own funds which will be fixed in the individual resolution of award according to the criteria set in this regard the Governing Council of regional incentives.

(c) the investment be started only after the filing of the application of regional incentives.

"Home of the investments" is understood either the start of the construction work in the investment, or the first firm order equipment commitment or other commitment that makes the investment that is irreversible, if this date is earlier. The purchase of land and them works preparatory as the obtaining of permits and the realization of studies previous of viability not is considered the home of them works.

(d) aid must have an incentive, consistent effect in which the applicant who undertake the project would have not done it without the help, or would have only taken it in a limited way or different or in another place, so, along with the requirement mentioned in the previous paragraph, to request aid must be explained what effect on the decision to invest or on the decision to locate the investment would have happened if they are not received regional incentives. In addition, large enterprises must submit documentary evidence that support as described above.


2. in accordance with article 176 of the Treaty on the functioning of the European Union, and with the provisions of the EU regulations No. 1303 / 2013 and EU no. 1301 / 2013, all approved by regional incentives project that is likely to be included within an operational programme or other form of intervention of the European Regional Development Fund, will be co-financed by the and the holder thereof will assume the status of beneficiary of the Fund and must comply with all the obligations arising from that condition.»

Seven. ((Paragraphs c), d) and e) of article 10 are written in the following way: «c) in the case of small and medium-sized businesses, up to 50 percent of the costs of the studies of the project, which may include: work planning, engineering project and project management of projects.»

(d) intangible assets, provided they do not exceed 30% of the total subsidisable investment, are used exclusively in the Center where the project takes place, are inventariables, callable and are acquired at market conditions to third parties unrelated to the buyer.

(e) other concepts, exceptionally. «Is will appreciate the uniqueness in those projects of character singular by the nature of the investment.»

8. (He paragraph b) of the paragraph 1 of the article 12 is drafted of the following form: «(b) he applicant must accredit before it community autonomous that them investments not is have started before the presentation of it application of incentives regional through statement responsible of "not home of them investments", according to the model established by it address General of funds community.» Also, the autonomous region available or you may notarial certificate of presence perform a physical check on the ground, for the purpose of verifying the "non Foundation investments".»

Sole transitional provision. Dimension minimum chargeable to the projects of investment in procedures already initiated.

To them projects of investment for which is requested incentives regional with prior to the entry in force of this Real Decree is them apply them dimensions minimum that were required in the time of its presentation.

First final provision. Habilitation.

((Authorizes the Minister of finance and public administration to dictate, on the proposal of the governing body of regional incentives, provisions necessary in development and execution of this Royal Decree, as well as to modify the quantitative limits provided for in article 8, numbers 1.a), b) and (c)), when the circumstances so warrant.

Available to finish second. Entry into force.

He present Royal Decree will enter in force the day following to the of your publication in the «Bulletin official of the State».

Given in Madrid, on April 24, 2015.

PHILIP R.

The Minister of Hacienda and administrations public, CRISTOBAL MONTORO ROMERO