Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-4681
By Decision of the Commission European helps State SA.38472 (2014 / N), of 21 of mayo of 2014, is approved the map of aid regional of Spain for the period understood between the 1 of July of 2014 and the 31 of December of 2020, that contains, between others, them areas where is may grant aid of purpose regional in the territory of the community autonomous of the Rioja and them intensities maximum of these supports.
In view of the current economic situation and under cover as provided in the regulation of incentives regional, development of law 50/1985, of 27 December, approved by Royal Decree 899/2007, of July 6, by this Royal Decree creates and delimits the area of economic development of the autonomous community of La Rioja within the limits approved by the European Commission on the regional aid map.
With the creation of this area is aims to boost and develop your woven socio-economic with special attention to the increase of the level of life in the territory through the promotion of the creation of companies innovative and of base technological, the impulse of the potential endogenous of the territory as well as the development of the woven industrial based on criteria of quality , efficiency, productivity and respect for the environment, and promoting diversification in the production and distribution sectors which increase the attractiveness and the impulse of the economic activity in the territory.
The actions of the governing body of regional incentives and the autonomous community of La Rioja, provided for in the regulation of regional incentives, development of law 50/1985, of 27 December have been met, prior knowledge of the Government representative Commission on Economic Affairs.
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 1. Geographical scope.
With arrangement to it willing in the Real Decree 899 / 2007, of 6 of July, by which is approves the regulation of them incentives regional, of development of the Law 50 / 1985, of 27 of December, is creates the area of promotion economic of the community autonomous of the Rioja, that includes them municipalities of the annex I of this real Decree.
Article 2. Maximum aid ceiling.
1. them incentives regional that can grant is in this area not may exceed the percentage maximum on the investment approved of the 10 percent for large companies, of the 20 percent for medium-sized companies and of the 30 percent for small companies. In the case of projects with an approved investment of 50 million euros that maximum percentage shall be fixed as provided for major investment projects in the guidelines on State aid regional purpose for 2014-2020.
2. any project that is welcome to them incentives regional under this real Decree may be beneficiary of other aid financial, any that is its nature and the organ or administration that them grant that, accumulated to them planned in the present normative, exceed them limits maximum of helps established in the map Spanish of aid of purpose regional.
Article 3. Priority areas.
1. in the area of economic development of the autonomous community of La Rioja will be priority areas which are indicated in annex II of this Royal Decree.
2. the associate 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. (He Council guiding may propose within them cited areas specific the 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.
3. the delimitation of the areas defined as priority in annex II may be amended, in accordance with their socio-economic development and on the proposal of the governing body, by the Ministry of finance and public administration in agreement with the autonomous region. Also be taken into account the rural priority areas established in application of law 45/2007, of 13 December, for the sustainable development of the rural environment.
Article 4. Objectives.
(He objective that is aims to get with the creation of it area of promotion economic of it community autonomous of the Rioja is boost and develop the woven socio-economic with special attention to the increase of the level of life in the territory, in particular in their areas more depressed, through: to) it promotion in the creation of companies innovative and of base technological that proposed investments based in projects of research , development and innovation (RDI) and, in general, in technological innovation, industrial design and environmental improvement.
(b) the impulse of the potential endogenous of the territory as well as develop and strengthen the tissue industry based on criteria of quality, efficiency, productivity and respect to the environment.
(c) the promotion of the diversification in those sectors of the production and the distribution that increase the attractive and the impulse of it activity in the territory.
Article 5. Period of validity.
1. the term of the present area of economic development, for the purpose of applying for subsidies which are determined in this Royal Decree, end of December 31, 2020.
2. Notwithstanding the provisions of the preceding paragraph this date may be modified, according to the circumstances that may arise, by agreement of the delegate Commission of the Government for Economic Affairs, on the proposal of the governing body after communication to the autonomous community.
Article 6. Kinds of regional incentives.
Regional incentives which may be granted in the present area applicants who carry out investment projects and meet the requirements in the regulations approved by Royal Decree 899/2007, of July 6, and in the present Royal Decree, consist of lost on the approved investment fund grant.
Article 7. Eligible sectors.
1 a the effects provided for in article 6 of the regulation approved by Royal Decree 899/2007, of July 6, will be the following eligible sectors: to) processing industries and support services to the production which, while respecting sectoral criteria established by the competent bodies, include advanced technology, pay special attention to environmental improvements and pose a significant improvement in quality or process or product innovation and in particular, those who favor the introduction of new technologies and the provision of services in the sub-sectors of information technologies and communications and that significantly improve commercial structures.
(b) tourist establishments and supplementary facilities of leisure, while respecting sectoral criteria established by the competent bodies, having innovative character especially in relation to environmental improvements and that will significantly improve the endogenous potential of the area.
2. shall be deemed sectors excluded those not mentioned in the preceding paragraph. However, empower the competent bodies referred to in article 26 of the regulations approved by Royal Decree 899/2007, of July 6, so, exceptionally and report of the Governing Council, may grant regional incentives to projects that, not being included in the sectors referred to above, contribute significantly to the achievement of the objectives referred to in article 4 of this Royal Decree.
In any case, be taken into account the rules and criteria of the European Union force for sectors which may be deemed to be sensitive.
3. by agreement of the governing body be set restrictions on activities included in the eligible sectors in accordance with the guidelines of economic policy.
Article 8. Types and minimum size of projects.
(1. may grant is them incentives regional, in the area of promotion economic of the community autonomous of the Rioja, to them companies applicants that perform projects of investment of them following types and dimensions: to) projects of creation of new establishments, as is defined in the article 7.2 of the regulation approved by the Real Decree 899 / 2007, of 6 of July , with an investment approved equal or superior to 900,000 euros, 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 exceed certain percentage on the Endowment for amortization of the establishment and that generate new positions of work and is maintain them existing.
(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. 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 involving the acquisition of technologically advanced machinery that produces a noticeable increase in productivity.
2nd that it investment of place to the diversification of the production of an establishment to cater to markets of products new and additional or suppose a transformation fundamental in the process global of production of an establishment existing.
3rd who will maintain the existing jobs.
2. in the case of them large companies, only is may grant aid for investments initial that attract new activities, or for the diversification of establishments existing in new products or new processes innovative.
3. the Council guiding will establish them criteria with regard to the amount that is deemed significant, on it investment approved, in relation to the active immobilized material of the establishment, increase of the capacity of production and of productivity and percentages on it endowment of amortization of the establishment, indicated in paragraphs previous.
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 is at least, at a 25 per cent of its investment approved. 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.
«Top 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 the preparatory work such as obtaining permits and previous feasibility studies are not considered the start of work.
(d) it helps must have an effect incentive, consistent in that the applicant that undertake the project not it would have made without it helps, or only it would have undertaken of a way limited or different or in another place, by what, along with the requirement mentioned in the paragraph previous, to the request it helps is must explain what effect on the decision of invest or on the decision of locate it investment is would have produced if not is 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.
Article 10. Concepts of investment.
In accordance with the provisions of article 9 of the Royal Decree 899/2007, of July 6, incentivables investments made within the following may be considered: to) civil works, among which are considered to be included: the brought and rush services, construction and exterior works appropriate to the needs of the project, offices, laboratories, facilities for labor and health services staff , stores, buildings of production or transformation, buildings of services industrial, warehouses and other works related to the project.
(b) goods of team, between which is considered: machinery of process, facilities electrical special, facilities energy and of supply of water special, elements of transport inside, vehicles special of transportation outside, teams of measurement and control, facilities of security, facilities of improves and protection environmental, and others goods of team linked to the project.
(c) in the case of them small and medium-sized companies, to the 50 percent of them costs derived of them studies previous of the project, between which can include is: works of planning, engineering of project and of address optional of them projects.
(d) active immaterial, provided not exceed of the 30 per cent of the total of the investment subsidisable, is used exclusively in the Centre where is perform the project, are inventariables, callable and is acquire in conditions of market to third not related with the buyer.
(e) other concepts, exceptionally. You will appreciate the exceptional in projects of individual character by the nature of the investment.
Article 11. Criteria for the evaluation of the projects.
(For it valuation of projects that meet them requirements established in them provisions force is used them criteria following: to) the amount of the grant saved relationship with it claims total of it investment accepted, with the number of posts of work created and with it class of project of that is try (of creation, of enlargement or of modernization).
(b) an advantage especially employment, the incorporation into the project of advanced technology, the value-added rate or increase in productivity, the dynamic character of the project for the economy of the area and the use of natural resources in the area.
(c) in the defined priority areas, which are included in annex II to this provision, the percentage of subsidy that would correspond to the project for the application of the above criteria, will increase by 20 percent, respecting the maximum limit determined in article 2 of this Royal Decree. The percentage end that result is rounded to a number whole.
Article 12. Administration and management of the regional incentives.
(1. the procedure of administration and management of them incentives regional will be the planned in the chapter II of the title II and in them titles III to VI of the Real Decree 899 / 2007, of 6 of July, and in them provisions that, with character general, handed down the Minister of Hacienda and administrations public to this effect, with them following particularities: to) the applicant should declare them aid public that has requested u retrieved for the same project both in the moments that are determined in the Royal Decree 899/2007, of July 6, in any procedural time in which it occurs.
(b) the applicant must accredit before it community autonomous that them investments not is have started before the presentation of the 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 community may apply for notarial certificate of presence or perform a physical check on the ground, for the purpose of verifying the «not top investments».
(c) the resolution individual of concession or refusal of incentives economic regional will be notified to the interested by the address General of funds community through the organ competent of the community autonomous of the Rioja.
2. all projects which will accept regional incentives are required to comply with the legislation of the European Union, as well as to collaborate with the administrations involved, adequate monitoring of the objectives set out in the Law 50/1985 and in regional policy guidelines.
Article 13. Review of the degree of implementation of the projects.
1. to give effect to the provisions of article 22 of the Royal Decree 899/2007, of July 6, the autonomous community of La Rioja sent to the Directorate General of Community funds, in the thirty days following each semester natural, a report on the degree of implementation of the projects in accordance with the conditions laid down, in order that it can monitor the proper implementation of regional incentives and in order to facilitate the Executive Council information periodically about the aid.
2. the competent body of the autonomous community of La Rioja, for the purpose of issuing the report on the degree of implementation of the project in accordance with the conditions laid down, be able to accept variations in the different budget items of the subsidisable investment, provided that such variation, more or less, does not exceed 10 per cent of each consignment and that might imply no change in the total amount of the subsidisable investment.
First final provision. Habilitation.
Authorizes the Minister of finance and public administration to dictate, a proposal from the Governing Council, arrangements in the development and implementation of this Royal Decree, as well as to modify the quantitative limits provided for in article 8, number 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.
The Minister of finance and public administration, CRISTOBAL MONTORO ROMERO ANNEX I municipalities comprising the area of economic promotion
Aguilar del Río Alhama.
Albelda de Iregua.
Aldeanueva de Ebro.
Arenzana de Abajo.
Arenzana de Arriba.
Baños de Rio Tobia.
CANILLAS de Río Tuerto.
Castañares de Rioja.
Cervera of the river Alhama.
Murillo de Rio Leza.
Rincón de Soto.
Santo Domingo of the carriageway.
San Vicente of the Sonsierra.
Turret on Alesanco.
Villalba de Rioja.
Villar de Arnedo.
ANNEX II priority areas Alfaro.
Cervera del Río Alhama.
Santo Domingo of the carriageway.
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