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FELIPE VI KING OF SPAIN to all that the present join together and act.
Know: that the Cortes General have approved and I come in sanction the following law.
PREAMBLE I the indexing is a practice that allows you to modify them values monetary of them variable economic, in accordance with the variation of an index of prices along a period. The indexing with base in indexes General, as the index of prices of consumption (IPC), although is a Convention widely extended, not necessarily is justified, nor produces benefits for the joint of an economy developed as the Spanish.
Index practice tends to be more widespread in economies where the macroeconomic instability, notably high inflation, erodes the purchasing power of monetary values, so that is used to reference the evolution in time of such values to price indices as a defense mechanism.
However, such a mechanism creates perverse effects. The indexing is at the origin of the so-called «effects of second round». When the price of a good or service increases, indices of prices as the CPI rise, and this is an automatic in the price of other goods increase simply because they are indexed at this rate. Occurs so an increase of the price of the oil or of a food more expensive, due to its impact in the IPC, the price of goods whose costs of production does not have a connection direct with those two goods.
The indexing, therefore, tends to generate an inflation more high and favors its persistence in the time, even when disappears it cause initial that generated the increase of prices. High and persistent inflation generates economic costs: among others, distorts the information to be transmitted prices, makes the conclusion of long-term contracts and impairs competitiveness.
The proper functioning of a pricing mechanism requires that these convey the relevant information regarding the costs and demand. The inclusion of indexation clauses means in practice prevent that to happen effectively. Them prices evolve to the margin of the situation of these factors in each sector and pass to make it of form homogeneous in all them, distorting thus it signal that offer them prices relating of some goods and services facing others.
In addition, inflation erodes competitiveness. The accumulated differential inflation in Spain regarding the euro area increased significantly in the expansive phase of the economic cycle, significantly contributing to the emergence of imbalances in the Spanish economy.
In this context, the integration of the economy Spanish in the area euro, whose design prima the stability of prices, mine it justification of them strategies of maintenance of the value of it own income or wealth through the indexing that, of convert is in practice general, generate them costs before cited.
On the other hand, are known limitations imposed by Spain to the economic and Monetary Union (EMU) membership to the use of macroeconomic policies. Hence the importance of structural reforms that favour the necessary adjustment of relative prices compared to the rest of the eurozone countries. The integration in the area euro requires a greater flexibility not only in the establishment of those levels absolute of prices and incomes, but in its update.
Understood this the social partners in collective bargaining and II agreement for employment 2012, 2013 and 2014, in which renounce explicitly direct review of wages according to the general CPI so the moderation of wage incomes allow to facilitate growth and job creation. In said agreement is recognizes that one of them objectives main to promote the reactivation is improve the share of market internal and external of them goods and services Spanish. For this reason, it is essential to get a containment of Spanish prices in such a way that they look at an annual growth rate lower than the average of the European Union (EU), where two-thirds of business transactions are directed.
To the light of the need of strengthen and advance in the recovery of the competitiveness; avoid second round effects; existing restrictions on the use of policies of demand; and of the need of contribute to the equity in the load of the adjustment, is imperative accompany them reforms structural in course of a new regime based in the not indexing of values monetary.
This is precisely the objective main of this law: establish a new discipline not index in the field of it hiring public, that is approximately the 20 percent of the product inside gross, in them prices regulated and, in general, in all them split of income and of expenses of them budgets public. Is comes so to eliminate the regulation index that, in good measure, data of times with an inflation noticeably greater. In exceptional cases where the revision of monetary values is essential, the law aims to eliminate the second round effects referred to above, linking the updating of prices and rents to the evolution of the relevant costs in every situation, thereby facilitating greater flexibility and a better reaction of the economy Spanish to disturbances.
The law of Desindexacion of the Spanish economy is based on a commitment by the Government within the framework of the national programme of reforms in 2013 and 2014. For its part, the EU Council included among its specific recommendations for Spain the adoption of this standard, to reduce the inertia of inflation and encourage a greater reactivity of the prices to the economic situation.
II. the law consists of three chapters, seven articles, a transitional provision, repeal provision, seven final provisions and an annex.
In the chapter I, the article 1 sets the object of the law, that is the establishment of a regime based in that the values monetary not are modified by virtue of indexes of prices or formulas that them contain. This definition seeks cover it all of them concepts that are object of review in the legislation existing, including, among others, prices of contracts public, rates, prices and rates regulated, grants, benefits, supports, fines and sanctions or values reference.
The article 2 defines, for the purposes of the law, the types of modifications possible in these values monetary. The modifications of character periodic or recurrent certain by a relationship exact with the variation of a price or index of prices and that are of apply a formula preset is called reviews regular and default. The rest of changes of prices are alternatively defined as non-default periodic or non-periodic. It also defines the concept of specific price index. To delimit this concept, used a criterion based on it there are no available to the public more detailed indices which better reflect the costs. In this way, the levels of higher aggregation rates of common prices, such as the prices of consumer or industrial prices, may be not considered specific.
Article 3 establishes the scope of public and private standard: prescriptive when it comes to monetary values in whose determination is indicative and public sector for contracts between private. You choose to define the public sector in accordance with article 3(1) of the text revised of the law of contracts from the Public Sector, approved by Royal Legislative Decree 3/2011, from 14 November. In all case, for the application of it willing in this law not will be necessary that concur a business or relationship legal included in the scope of application of the mentioned text consolidated, so will be condition enough the participation of an entity belonging to the sector public, with independence of that it make in the framework of a relationship subject to right public or to right private. In this mode, is guarantees a greater scope of application of this law. Also, is include within the scope of application to them, prices regulated, understood in sense wide, i.e., all those values monetary regulated direct or indirectly by it administration public through forecasts regulatory or contractual, for management of services public.
By its part, the paragraph 2 of the article 3 establishes expressly the exclusions of the scope of application of the law. Firstly, collective bargaining, is excluded because they are expressly recognized as a constitutional right, form which the update of wages not can escape as agreed by the parties; Secondly, the pensions, which are governed by its specific regulations. Noted, on the other hand, this regulation identifies an index from revaluation of pension that is based on a comprehensive set of economic variables that ensure the sustainability of the Social Security pension system. Financial instruments, so Spanish broadcasters have the capacity and flexibility of formats to capture savings nationally and internationally at the lowest price, in a context of intense competition for a scarce resource as it is saving, are excluded, finally, and where foreign broadcasters are not generally subject to any restriction in this regard.
Chapter II establishes the regime applicable to default and periodic revisions, on the one hand, and non-default and non-recurrent, periodic inspections on the other, of the monetary values of the public sector and regulated prices, which, as a general rule not may be made according to indices of prices or formulas that contain them, although admits it done exceptionally under prices or specific price indexes. In a context of stability of prices and wages, it makes no sense that the regulated price of a provision subject to the obligation of public service or a public contract be indexed to the evolution of prices of goods and services without direct impact on the cost of that benefit or supply. For this reason, set also with character common to all types of review that, when justified by the evolution of the costs, come use the applicable specific information, including price indices which are of the character, as defined in article 2 of this law. Is establishes also that those costs must be evaluated according to the principle of efficiency and good management business.
Thus, article 4 is devoted to the regulation of the system of default and periodic review. In some cases will be indispensable that them values monetary of certain relations legal is modified of form recurrent in attention to the evolution of the cost of the materials raw and of others factors, since would be excessively burdensome resolve these modifications recurrent a by a. For these cases, is allows approve a regime of review periodic, provided that the evolution of the costs it requires. In any case, cannot be considered reviewable depreciation, financial costs, General or structure or the industrial benefit expenditures. The costs associated with labour may move in the cases and within the limits expressly laid down in the Royal Decree of development. With these forecasts of second-round effects not only circumvent but prevents an evolution of prices that remunerate costs predictable, unnecessary or poorly managed in accordance with the criteria of efficiency and good corporate governance, which would create a perverse incentive and unjustified food inflation.
By Royal Decree is set those so-called where fits approve these systems of review periodic and default; the guidelines for the design of formulas; the criteria for the interpretation of the principles of efficiency and good corporate governance; and the so-called and limits for the translation of costs of labor. Additionally, the Royal Decree may establish cost components to include in the formulas, as well as regulatory mechanisms that encourage the efficient behavior.
The Royal Decree will be approved by the Council of Ministers, following a report of the delegate Commission of the Government for Economic Affairs, on the proposal of the ministries of economy and competitiveness and of finance and public administration, as well as those ministries by reason of the matter. He real Decree will be transacted in accordance with it established in the Law 50 / 1997, of 27 of November, of the Government and, in particular, will be submitted to report of the Council of State and to hearing public. In it relative to the contracts of the sector public, is will require prior report of the Board Advisory of hiring administrative of the State.
Is allows, also, approve a regime of review periodic and default for them values relating to those contracts of lease of property in which is part the sector public. Such a regime should be referred to an index of prices for the rental of offices at regional level, and will only fit when the inclusion thereof in the contract is more efficient than negotiate a lease without review clause, and thus is justified in the corresponding record.
It article 5 details the regime of the review periodic not default and of the review not periodic of them values monetary of the sector public and of the prices regulated. In this type of review is allowed the use of indices of prices or formulas that contain them. Is expected that, in your case, these reviews should be justified in a memory economic for this purpose, with the purpose of ensure that them modifications in them values monetary affected are conveniently motivated and, eventually, reflect properly them costs relevant in each situation starting from prices e indices specific. This is a novelty of the law with which is pursues a degree additional of discipline and rigor in the revisions of values monetary from the sector public. In all case, the presentation of the memory not exempt of the obligation of meet them procedures and collect them authorizations required by the normative sectoral of application. Variations in depreciation, General or costs of structure and the industrial benefit, which may not merge revisions are listed in the article. By his side, the variations in them costs of labor and costs financial only may incorporate is in them alleged and with them limits expressly provided in the development regulatory.
In what refers to revisions of prices and rates contained in contracts in the public sector they are governed by the specific regulations, the text revised of the law of contracts from the Public Sector, approved by Royal Legislative Decree 3/2011, from 14 November.
Chapter III contains the rules applicable to contracts between private parties, founded on respect for the free will of the parties involved in the contract, so only proceed in case of express Covenant periodic review. In the event that the parties had explicitly agreed the implementation of a mechanism of periodic review but they not setting index or reference methodology, an index of reference, the index's warranty of competitiveness (IGC) drawn up as provided for in the annex to this law shall be applicable.
This IGC, of which calculation and monthly will be responsible for the National Institute of statistics (INE), sets a rate of revision of prices consistent with the recovery of competitiveness compared to the euro zone. That rate shall be equal to the index of prices to the harmonized consumer (IPCA) of EMU less a part of the loss of competitiveness gained by Spain since 1999. When the rate of variation of this index is position below 0 per cent, is will take this value as reference, what would amount to the application of the rule of not review. When the rate of change in this index exceeds the mid-term target of annual inflation rate of the European Central Bank (2 per cent), will take this value as a reference. In this way, makes sure that contracts to which it applies this new index will contribute to ensure the maintenance of the competitiveness of the economy in the medium term.
The transitional provision establishes that the regime of revision of prices of the contracts included within the scope of the text revised of the law of contracts from the Public Sector, whose record has been initiated before the entry into force of the Royal Decree referred to in article 4 of this law, shall be that laid down in the corresponding specifications. In the case of contracts in the public sector outside the scope of application of the above-mentioned revised text, this law shall apply to contracts perfected since its entry into force. This provision also sets out transitional arrangements for monetary values involved the public in whose determination, but not through a contractual provision. In these cases, default and periodic review schemes adopted before the entry into force of this law shall remain in force until the entry into force of the Royal Decree referred to in article 4 of this law, while in the formulas references to General indexes must be replaced by the value zero.
For ensure it application homogeneous and coherent of the law, the provision repealing repeals them standards of equal or lower range that is opposed to it willing in the same. Are also expressly repealed articles 90, 91 and 92 of the text revised of the law of contracts from the Public Sector, approved by Royal Legislative Decree 3/2011, November 14, and article 77 of the law 14/2000, of 29 December, fiscal measures, administrative and social order, maintaining their validity for concession contracts entered into prior to the entry into force of the Royal Decree that articles 4 refer and 5 of this Act. Finally, the additional provision eighty eighth of law 22/2013, of 23 December, the State budget for the year 2014, will be repealed from the date of entry into force of the Royal Decree referred. Is excluded from the repeal the Royal Decree 1359 / 2011, 7 October, which approves the relationship of basic materials and the General formulas-tipo of revision of prices of contracts of works and contracts for the supply of manufacture of armament and equipment of public administrations, and articles, provisions and annexes relating to the tariff regime of the airport manager AENA , S.A., contained in the law 18/2014, on 15 October, on urgent measures for growth, competitiveness and efficiency. Similarly, provisions that contain revisions based on an index of prices imposed by Community legislation coming shall remain in force. In this same sense, the future revisions of values monetary depending on such indexes that requires the normative community and that is incorporate to the ordering national will be an exception justified to the rule general planned in the present law.
On the other hand, those provisions late first, second, third and fourth amending four laws. The final provisions first and second changes the law 29/1994, 24 November, tenancies, and law 49/2003 of 26 November, leases, respectively. Contracts of lease, widespread use, often contain clauses for review. Accordingly, it is appropriate to modify expressly cited laws to protect the legal certainty of people who sign leases.
In the third final provision amending articles 47, 89, 131, 133 and 255, as well as the title of chapter ll of book I, title III, of the text revised of the law of contracts from the Public Sector, approved by Royal Legislative Decree 3/2011, of 14 November, because it is the legal basic reference for prices in the public sphere. Thus, establishes that the default and periodic revision of prices in these contracts be performed exclusively for work and manufacturing of armament and equipment of Government supply contracts, as well as for those contracts whose investment recovery period is equal to or greater than five years. The review will take place, in such cases, within the limits and under the conditions set out in the Royal Decree referred to in article 4 of this law, and provided that such a possibility is contemplated in the tender.
By the fourth final provision, amending the law regulating the estates local, approved by the Royal Decree-Law 2/2004, of 5 March, so that the technical report is also required for the establishment and revision of the rates in all cases.
The fifth final provision gathers competences title with amparo that will dictate this law: article 149.1.13. ª of the Spanish Constitution, which attributes to the State the exclusive competence in setting the bases and coordination of the general planning of economic activity and the 149.1.6 articles., 149.1.8. ª and 149.1.18. ª, referred to the exclusive competence of the State to dictate commercial law , civil and legislation basic in terms of contracts and grants administrative, respectively.
The sixth final provision establishes that the Royal Decree that develops this law shall be adopted within the period of four months from the entry into force of the law.
The seventh final provision establishes the date of entry into force, which shall be the day following the publication of the law in the «Official Gazette».
CHAPTER I General provisions article 1. Object.
The object of this Act is the establishment of a regime based on which monetary values are not modified under indices of prices or formulas that contain it.
Article 2. Definitions.
For the purposes of this Act, means: to) default and periodic review on the basis of prices or price indices: any modification of monetary values of a regular or recurring nature determined by a precise relationship with the variation of a price or a price index and that is to apply a preset formula.
(b) periodic review non-default: any modification of monetary values which, despite having a recurring or periodic nature, is not to apply a preset formula that relates it accurately with a price or price index variation.
(c) non-periodic review: any modification of monetary values that do not have a regular or recurring nature.
(d) specific price index: any index reflecting with more better possible to disaggregate the evolution of prices and that can be obtained with information available to the public.
Article 3. Scope of application.
1 the provisions of this law shall apply a: to) revisions of any monetary value involved the public in whose determination. For this purpose, it means public sector set of agencies and entities listed in article 3(1) of the text revised of the law of contracts from the Public Sector, approved by Royal Legislative Decree 3/2011, from 14 November.
In any case, for the application of provisions of this law to the cited reviews of monetary values it is not necessary that if a business or legal relationship, including in the scope of this legal text.
((b) in the terms provided for in article 7, periodic or non-periodic revisions of the incomes of rural and urban leases, payments for leases of facilities, supplies and annuities or monetary values in any contract entered into by persons other than those referred to in the letter a).
2 are excluded from the scope of application of this law: to) collective wage bargaining.
(b) revisions, revaluations or updates provided for in the revised text of the law General of the safety Social, approved by Royal Legislative Decree 1/1994 of 20 June, and the text revised of the classes passive of State law, approved by the Royal Decree legislative 670/1987, of April 30, as well as revisions to the rest of pension paid with appropriations of section 07 of the budget of expenditure of the State, that is its regulatory legislation.
(c) financial instruments, as set out in article 2 of law 24/1988, of July 28, of securities.
CHAPTER II regime applicable in the field of the sector public article 4. Regime applicable to the default and periodic revision of monetary values.
1 the monetary values referred to in article 3.1. to) may not be subject to default and periodic review on the basis of prices, indices of prices or formulas containing them.
2. exceptionally, it may approve a system of default and periodic revision of the values referred to in the preceding paragraph whenever it is on the basis of individual prices and specific price rates, when the recurrent nature of the changes in the costs of the activity so requires so and is authorised in the regulatory development set forth in the following paragraph.
Them indices specific applicable must have the greater disaggregation possible between them available to the public for the purposes of reflect of the form more adequate the evolution of them costs, evaluated according to the principle of efficiency economic and good management business. Default and periodic revisions shall not include financial costs, depreciation, overheads or structure or the industrial benefit variation. Such revisions may include the change in labour costs in the cases and within the limits expressly laid down in the Royal Decree referred to in the following paragraph.
3 may be established by Royal Decree: to) the General principles that govern all revisions of monetary values caused by variations in costs, as well as the criteria for the interpretation of the principles of efficiency and good corporate governance in the susceptible of review cases, which, in any case, shall be objective, transparent and non-discriminatory.
(b) the cases in which can approve a system of default and periodic review depending on individual prices or specific price indices.
(c) guidelines for the design of a formula in default and periodic reviews.
(d) the components of costs to be included in the formulas of default and periodic review.
(e) the assumptions and boundaries for the movement in the cost of labor to the monetary value subject to default and periodic review.
(f) components of the formula that encourage efficient behavior.
4. the Royal Decree would be adopted on the proposal of the Ministers of economy and competitiveness, finance and public administration and the other holders Ministers of relevant departments by reason of the matter and report of the delegate of the Government Commission for Economic Affairs, as well as the consultative meeting of administrative contracting of State in what relates to public sector contracts.
5. a time approved the regime of review periodic and default, them reviews individual made in application of said regime not will be subject to the regime established in the article 16 of the Royal Decree Law 7 / 1996, of 7 of June, of measures urgent of character fiscal and of promotion and liberalization of the activity economic.
(6. exceptionally, in them contracts of lease of estate referred in the letter p) of the paragraph 1 of the article 4 of the text consolidated of the law of contracts of the Sector public, approved by the Real Decree legislative 2 / 2011, of 14 of November, them parties may, prior justification economic, incorporate a regime of review periodic and default for the income.
In such case, only is may use as index of reference for the review of the income the variation annual of the index of prices of the rental of offices, to level autonomic, published by the Institute national of statistics, to date of each review, taking as quarter of reference which corresponds to the last index that was published in the date of review of the contract.
In default of Covenant Express, not is apply review of incomes to the cited contracts.
Article 5. Regime applicable to non-default periodic review and the non-periodic review of monetary values.
1 the monetary values referred to in article 3.1. to) may be non-default periodic review or non-periodic review whenever warranted on a specific economic report for this purpose. The Royal Decree referred to in article 4 shall establish the minimum content of economic memory.
2. this review not can perform is depending on indices of prices or formulas to them contain. Exceptionally, if it is motivated by the evolution of the costs, the review may be made depending on individual prices and specific price indices that best reflect the evolution of the costs assessed in accordance with the principle of economic efficiency and corporate governance. Economic memory must, in these cases, to demonstrate compliance with such conditions.
These reviews not included the variation of the depreciation, them expenses General or of structure and the benefit industrial. The variation in the costs of labor and financial costs in the cases and within the limits expressly laid down in the Royal Decree referred to in article 4 may be included.
3. the presentation of the report referred to in paragraph 1 shall not relieve from the obligation to comply with the formalities and obtain authorizations required by the sectoral regulations.
Article 6. Regime applicable to the review of prices and rates of them contracts to which is of application the text consolidated from the law of contracts of the Sector public.
Them reviews of them prices and rates of them contracts included within the field of application of the text consolidated of the law of contracts of the Sector public, approved by Royal Decree legislative 3 / 2011, of 14 of November, is governed by it willing in the same.
CHAPTER III regime applicable to the contracts between parties private article 7. Rules applicable to contracts between private parties.
(1. only proceed it review periodic of values monetary listed in the article 3.1. b) when it has agreed expressly.
In case of express Covenant of implementation of a mechanism for periodic review of monetary values that do not specify the index or reference methodology, shall apply the rate of variation corresponding index's warranty of competitiveness drawn up as provided for in the annex to this law.
2. the National Statistics Institute will publish monthly competitiveness index's warranty and its rate of change for the purposes specified in the preceding paragraph and, where appropriate, for consideration to indicative.
Available to transient. Regime of revision of the values monetary.
1. the regime of revision of prices of the contracts included within the scope of the text revised of the law of contracts in the Public Sector, approved by Royal Legislative Decree 3/2011, of 14 November, whose record of recruitment has been initiated before the entry into force of the Royal Decree referred to in article 4 of this law will be the established in the tender. To these effects, is means that the records of recruitment have been initiated if is had published the corresponding call of the procedure of award of the contract. In the case of negotiated without advertising procedure, to determine the moment of initiation date of approval of the specifications will be considered.
2. the provisions of this law shall apply to the rest of contracts entered into by bodies and entities of the public sector which will improve after its entry into force.
Until the publication of the index of office rentals, provided for in article 4 of this law, when a regime of default and periodic review in lease contracts of real estate that is part the sector agreed improved public after the entry into force of this Act, applies to the index of prices for the dwelling of the consumer price index from the National Institute of statistics , at the provincial level.
3. in what refers to the monetary values whose determination involve the public sector other than those referred to in the preceding paragraphs, default and periodic review schemes approved prior to the entry into force of this law shall remain in force until the entry into force of the Royal Decree referred to in article 4 of the same , while in the formulas the references to them variations of indices General, such as index of prices of consumption or the index of prices industrial, must replace is by the value zero.
4 amendments to the text of the law 29/1994 of 24 November, urban leases, which are a consequence of the entry into force of this law shall apply only to contracts which are perfected subsequent to its entry into force.
Amendments to the text of the law 49/2003, of 26 November, on leases, which are a consequence of the entry into force of this law shall apply only to contracts which are perfected subsequent to its entry into force.
1 they shall be repealed many rules of equal or lower rank is contrary to the provisions of this law.
2 in addition, the following provisions are hereby repealed: to) articles 90, 91 and 92 of the text revised of the law of contracts from the Public Sector, approved by Royal Legislative Decree 3/2011, from 14 November.
(b) article 77 of law 14/2000, of 29 December, fiscal measures, administrative and social order. However, it will maintain its validity for the concession agreements entered into prior to the entry into force of the Royal Decree to which refers article 4 of this law and exclusively during the period currently set in the contracts, excluding extensions.
(c) Eighty additional provision octave of the law 22/2013, of 23 December, the State budget for the year 2014 will be repealed at the time of entry into force of the Royal Decree that articles 4 and 5 of this Act make reference.
3. keep your force the Real Decree 1359 / 2011, of 7 of October, by which is approves the relationship of materials basic and them formulas type General of review of prices of them contracts of works and of contracts of supply of manufacturing of armament and equipment of them administrations public, and them articles, provisions and annexes relating to the regime tariff of the Manager Airport AENA , S.A., contained in the law 18 / 2014, of 15 of October, of measures urgent for the growth, the competitiveness and the efficiency.
Nor are repealed those standards that contain revisions depending on an index of prices that come imposed by the regulatory community.
Available end first. Modification of the law 29 / 1994, of 24 of November, of leases urban.
The law 29/1994, 24 November, tenancies is hereby amended as follows: one. He paragraph 1 of the article 18 is drafted of the following way: «1. during the validity of the contract, the income only may be revised by the landlord or the tenant in it date in that is meets each year of validity of the contract, in them terms agreed by them parts.» In default of Covenant Express, not is apply review of incomes to those contracts.
In case of express agreement between the parties on some mechanism of review of monetary values that do not detail the index or reference methodology, the income will be reviewed for each annuity by reference to the annual variation in the competitiveness index's warranty date of each revision, taking as reference month for the revision that corresponds to the last index that was published on the date of the contract review».
Two. It paragraph 3 of the available additional first is drafted of the following way: «3. not is apply review of incomes of them housing of protection official except Pact explicit between them parts.» «In case of Pact express between them parts on some mechanism of review of values monetary that not detail the index or methodology of reference, the income is will review for each annuity by reference to the variation annual of the index's warranty of competitiveness».
Second final provision. Modification of law 49/2003 of 26 November, on leases.
Paragraph 2 of article 13 of the law 49/2003, of 26 November, of leases is worded as follows: ' 2. the parties may establish the system of review of income deemed appropriate. " Review of income shall not apply in the absence of express agreement.
«In case of Covenant express between them parts on some mechanism of review of values monetary that not detail the index or methodology of reference, the rent is updated for each annuity by reference to the variation annual of the index of warranty of competitiveness».
Third final provision. Modification of the text revised of the law of contracts from the Public Sector, approved by Royal Legislative Decree 3/2011, 14 November.
The text revised of the law of contracts of the Public Sector, approved by Royal Legislative Decree 3/2011, of 14 November, is to be re-worded as follows: one. He paragraph 5 of the article 47 is drafted as follows: «5. where the organ competent appreciate recklessness or bad faith in the interposition of the resource or in the request of measures precautionary, may agree it imposition of a fine to the responsible of it same.» The amount of this shall be between 1,000 and 15,000 euros determining its amount according to the bad faith appreciated and the damage caused to the contracting authority and tenderers remaining. The amounts listed in this section will be updated every two years by Ministerial order».
Two. Is modifies the header of the chapter II of the title III of the book I that is worded of the following mode: «CHAPTER II review of prices in the contracts of the sector public» three. The article 89 is drafted in the following mode: «article 89.» Origin and limits.
1. prices for contracts in the public sector only may be reviewed periodically and default in the terms established in this chapter.
Not fit the review periodic not default or not periodic of them prices of those contracts.
Means price any remuneration or payment of the contract, well be paid by the administration or by users.
2. prior justification in the record and of conformity with it planned in the real decree to which is refer them articles 4 and 5 of the law 2 / 2015, of desindexacion of it economy Spanish, it review periodic and default of prices only is may carry to out in them contracts of work, in them contracts of supply of manufacturing of armament and equipment of the administrations public and in those others contracts in which the period of recovery of the investment is equal or superior to five years. Said period is calculated according to it provisions in the real Decree previously cited.
Not be considered reviewable in any case costs associated with depreciation, financial costs, overheads or structure or the industrial benefit. Them costs of labor of them contracts different of them of work, supply of manufacturing of armament and equipment of them administrations public, is reviewed when the period of recovery of the investment is equal or superior to five years and the intensity in the use of the factor work is considered significant, in accordance with them alleged and limits established in the real Decree.
3. in the cases proceed, the contracting authority may establish the right to default and periodic revision of prices and fix the formula of review that should be applied according to the nature of each contract and the structure and evolution of the costs of benefits of the same.
4. the particular administrative clauses specifications or contract must detail, in such cases, the formula of applicable review, which will be invariant during the term of the contract and determine the revision of prices in each date from the date of award of the contract, provided that the allocation occurs within three months from the expiry of the deadline for submission of tenders , or on the date that ends the period of three months if the allocation occurs after.
5. when appropriate, the default and periodic revision of prices in the contracts of the public sector will take place, in the terms established in this chapter, when the contract had been executed, at least 20 per 100 of its amount and two years had passed since its formalization. Consequently first executed 100 20 and the first two years have elapsed since the formalization will be excluded from the review.
However, in them contracts of management of services public, the review of prices may have place after two years from the formalization of the contract, without be necessary have executed the 20 by 100 of the provision.
6. the Council of Ministers may be approved, following a report from the Advisory Board administrative recruitment of the State and the delegate of the Government Commission for Economic Affairs, formulas type of default and periodic review to the contracts referred to in paragraph 2.
On the proposal of the competent public administration of the hiring, higher prices of contracts from the State Committee will determine those activities where it is convenient to have a formula type, develop formulas and shall forward them for approval to the Council of Ministers.
When for a certain type of contract, type formulas, have approved, by this procedure, the contracting authority may not include other formula different from this review in the tender and contract.
7. the type formulas established content subject to the principles and methodologies in the Royal Decree referred to in paragraph 2 of this provision reflected the weighting in the contract price of the basic components of costs relating to the generation of benefits subject to the same process.
8. the National Institute of statistics will prepare the monthly price indices of basic components of costs included in the formulas type of revision of prices of the contracts, which will be approved by order of the Minister of finance and public administration, following a report of higher prices of contracts of the State Committee.
Indexes will reflect real variations in energy and basic materials prices observed in the market, upward or downward, and may be unique to the entire country or particularized by geographical areas.
By law the relationship of basic components of costs to be included in the type formulas referred to in this section will be established, relationship that may be extended by order of the Minister of finance and public administration, following a report of the consultative meeting of administrative contracting of State when so requires the evolution of the productive process or the emergence of new materials with relevant participation in the cost of certain contracts or the creation of new formulas type in accordance with the provisions of this law and its development.
The indicators or rules for the determination of each of the indices involved in the formulas for revision of prices will be established by order of the Ministry of finance and public administration, a proposal from the higher prices of contracts of the State Committee.
9. when applicable, the review of prices by the formulas type referred to in paragraph 6 of this provision, the result of applying the weightings laid down in paragraph 7 to price indices, to be determined in accordance with paragraph 8, will provide a coefficient to be applied to the liquid amounts of realized benefits entitled to review the effects on each date, date and certain periods in paragraph 4, calculate the price corresponding to satisfy ".
Four. Modifies the letter d) of paragraph 1 of article 131, remaining with the following wording: «d) system of remuneration of the concessionaire which will include options on which should be the offer, so as, in his case, formulas's updating of costs during the exploitation of the work, with reference to their impact on the corresponding rates depending on the object of the concession.» In any case, the revision of the system of remuneration of the concessionaire contained in the tender, must comply with provisions of chapter ll of title III of this law».
5. Is modifies the paragraph 1 of the article 133, that is drafted in them following terms: «1. in accordance with the standards regulatory of the regime legal of the service, them spreads of clauses administrative particular and of prescriptions technical fixed them conditions of provision of the service and, in his case, fixed them rates that have of pay them users, them procedures for its review» , and the canon or participation that had of meeting is to the administration. «With regard to the review of rates, the spreads of clauses administrative must adjust is to it planned in the chapter ll of the title III of this law».
6. Amending paragraph 3 of article 255, which is drawn up in the following way: «3. the rates shall be subject to review in accordance with the procedure which determine the specifications of particular administrative clauses and in accordance with the provisions of chapter II of title III of this law ".
Available to finish fourth. Modification of the text consolidated of the law regulatory of the Haciendas local, approved by the Royal Decree-legislative 2 / 2004, of 5 of March.
Article 25 of the revised text of the law regulating of the local treasuries, approved by Royal Legislative Decree 2/2004, of 5 March, is worded as follows: «article 25. Agreements for establishment of rates: report technical and economic.
The agreements for the establishment of rates for private use or special use of the public domain, or to fully or partially fund new services, shall be taken in the light of technical and economic reports that gets revealed the market value or the foreseeable coverage of the cost of those, respectively. This report will be incorporated into the record for the adoption of the corresponding agreement».
Fifth final provision. Skill-related title.
1. this law is approved on the basis of article 149.1.13. ª of the Spanish Constitution, which attributes to the State the exclusive competence in setting the bases and coordination of the general planning of economic activity.
2. However, them provisions late first and second is approve to the amparo of the competition exclusive of the State for dictate legislation commercial and civil, recognized in the article 149.1, paragraphs 6th and 8th of the Constitution and it available end third in the competition of the State on contracts and concessions administrative, recognized in the article 149.1.18. th of the Constitution Spanish.
Available to finish sixth. Adoption of the Royal Decree of review period.
In the period of four months from the entry in force of this law must approve is the real Decree cited in the article 4.3.
Available to finish seventh. Entry in force.
This law shall enter in force the day following to the of your publication in the «Bulletin official of the State».
Therefore, command to all them Spanish, particular and authorities, that observe and do save this law.
Seville, 30 of March of 2015.
The Prime Minister, MARIANO RAJOY BREY ANEXO development of the rate of annual variation of the index's warranty of competitiveness for the development of the rate of annual change in the competitiveness index's warranty in the month t continue to apply the following formula: TV IGCt = TV HICP UEMt− α ×(TV IPCA ESPt,1999− TV IPCA UEMt, 1999) where : TV IGCt is the interannual variation of the competitiveness index's warranty rate in the month t.
TV HICP UEMt is the rate of interannual variation in the index of prices to the consumer harmonized in the Euro zone, published by Eurostat, in t.
TV HICP ESPt, 1999 is the rate of variation of the index of prices to the consumption harmonized from Spain, published by Eurostat, between the month t and the same month of 1999.
TV HICP UEMt, 1999 is the rate of change of the index of prices to the consumer harmonized in the Euro zone, published by Eurostat, between the t and the same month of 1999.
Α is a parameter that is set to 0.25. Every five years, the State budget law, may revise the alpha value, in the range between 0.2 and 0.35.
Perform periodic inspections shall be the rate of variation of the IGC, expressed to two decimal places, in time, using the last month with data available.
When the rate of change of the IGC is negative shall be considered that the value of revision will be zero, and when it exceeds the upper limit of the mid-term target of inflation from the European Central Bank (2%), shall be deemed this reference value for revisions. 2 percent will be taken as a quantitative value of this objective. By order of the Ministry of economy and competitiveness this value can be modified to pick up the changes that may occur to the definition of the target in the medium term of the European Central Bank.
Where periodic review periods are different from one year, taken as the rate of maximum review that which corresponds to the referral limit is annualized.
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