Advanced Search

Real Decree 178/2015, Of 13 March, Amending Royal Decree 1588 / 2009, Of 16 October, Which Regulates The Direct Granting Of Loans For The Participation Of First-Tier Subcontractors Established In Spain In The...

Original Language Title: Real Decreto 178/2015, de 13 de marzo, por el que se modifica el Real Decreto 1588/2009, de 16 de octubre, por el que se regula la concesión directa de préstamos para la participación de subcontratistas de primer nivel establecidos en España en el...

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

TEXT

The direct grant of loans to the first level subcontractors established in Spain, for their participation in the development program of the Airbus A350 XWB and the Trent XWB engine, is regulated by the Royal Decree 1588/2009, dated October 16.

This Royal Decree laid down the conditions under which loans or repayable advances could be granted directly to entities established in Spain as a first-tier sub-contractor of Airbus SAS or Rolls Royce PLC, in aerostructures and in the engine, for the realization of the development projects relating to its participation in the program of the new model of Airbus A350 XWB and its engine Trent XWB.

By first-level subcontractors, we understand those entities to which Airbus SAS (or Rolls Royce PLC for the Trent XWB engine case) has selected and assigned design, development and production work packages For the new Airbus A350 XWB aircraft and its Trent XWB engine, they have signed the corresponding contract with Airbus SAS or Rolls Royce PLC.

The development of the family of the Airbus A350XWB, which already started in 2007 with the first conceptual studies, will be extended until 2017, two years beyond what was originally planned. The entry into service of the first aircraft has occurred in the year 2014, during the first two years thereafter will continue the activities of tests and possible modifications as well as the development of the previewed versions after the development initial. During the implementation of this programme, an in-depth modification of the A350XWB-1000 version has also been chosen, initially so that this model will end its development in the 2017 financial year.

These delays in the development of the A350 XWB programme by the company leading it, Airbus, have a direct influence on the first level subcontractors involved in the programme and in particular those to which they are responsible. Royal Decree 1588/2009, dated October 16, was addressed.

However, in some of the agreements signed under the aforementioned regulations, it has not been possible to complete the financing commitments acquired through the agreements initially. In particular, the entity 'Alestis Aerospace, S.L.', which would benefit from the loans regulated by Royal Decree 1588/2009 of 16 October 2009, has been subject to this situation as well as to a voluntary tender of creditors from 7 May 2012. The judgment of the Commercial Court of Seville of 12 February 2014 approved an agreement of creditors which had the favourable vote of the General Administration of the State and which has allowed the company to exit the insolvency situation.

One of the commitments made in the said convention concerned the financing committed in favour of this entity by the Ministry of Industry, Energy and Tourism for its participation in the development of the family of aircraft. Airbus A350 XWB and which had not been able to be disbursed in the years 2012 and 2013 due to the insolvency situation of the entity, in the sense that it would be partially disbursed as soon as possible.

Consequently, it is necessary to modify the temporary scope of the loans regulated by the aforementioned Royal Decree 1588/2009 of 16 October, in order to extend its period of validity until the year 2015 and in this way effective from 2015 onwards the financing referred to in the previous paragraph.

In its virtue, on the proposal of the Minister of Industry, Energy and Tourism, prior to the report of the Ministry of Finance and Public Administrations and after deliberation of the Council of Ministers at its meeting of March 13, 2015,

DISPONGO:

Single item. Amendment of Royal Decree 1588/2009 of 16 October 2009 regulating the direct grant of loans for the participation of first level subcontractors established in Spain in the development programme of the new family of aircraft Airbus A350 XWB and its Trent XWB engine.

Royal Decree 1588/2009 of 16 October 2009 regulating the direct grant of loans for the participation of first level subcontractors established in Spain in the development programme of the new family of Airbus A350 XWB aircraft and its Trent XWB engine are amended as follows:

One. Article 2 is worded as follows:

" Article 2. Temporary scope.

This royal decree has a scope of temporary application that includes the period of development of the Airbus A350 XWB family of aircraft and the Trent XWB engine from 2009 to 2015, both inclusive. "

Two. Article 5 (b) shall be worded as follows:

" (b) Zero-interest loans, the maximum amount of which shall be 75% of the eligible costs of the participation of each of the entities in the development of the A350 XWB or, where appropriate, that resulting from the application of the the aid intensity limits laid down in the Community framework for State aid for research and development and innovation (2006/C 323/01). In the event that there had been some circumstance such as a business restructuring authorised by the European Commission, the duration of the loans which, under normal circumstances, will be of a maximum of 15 years including in this period up to five years 'absence, may be adapted to what the European Commission has authorised.'

Three. Article 6 is worded as follows:

" Article 6. Financing of loans.

The financing of loans regulated in this royal decree may be of a multi-annual nature and will be carried out under budget implementation 20.15.467C.834 " For the financing of strategic development projects of the "aeronautical sector", of the Budget of expenditure of the Ministry of Industry Energy and Tourism, up to a maximum amount of 93,710,540 euros in the year 2009 and of 265,260,810 euros for the period 2010-2015. "

Final disposition. Entry into force.

This royal decree will enter into force on the day following its publication in the "Official State Gazette".

Given in Madrid, on March 13, 2015.

FELIPE R.

The Minister of Industry, Energy and Tourism,

JOSE MANUEL SORIA LOPEZ