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Order Hap / 356/2015 Of 24 February, Amending The Order Eha / 93/2006 Of 18 January, Approving The Establishment Of A Free Zone Of Control Type Ii In The Port Of Authorized De Tenerife; And The Modification Is Approved L...

Original Language Title: Order Hap / 356/2015 Of 24 February, Amending The Order Eha / 93/2006 Of 18 January, Approving The Establishment Of A Free Zone Of Control Type Ii In The Port Of Santa Authorized Cruz De Tenerife; And The Modification Is Approved L ...

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TEXT

By Order EHA/93/2006, of 18 January, the constitution of a free zone of control type II was authorized in the port of Santa Cruz de Tenerife and was established to be administered by a Consortium constituted for the purpose The Consortium of the Free Trade Area of Santa Cruz de Tenerife.

The request of the Municipality of Granadilla de Abona has been received to form part of the aforementioned Consortium for which it is necessary to modify the article 4 of the Order referring to the composition of the Consortium and its Statutes.

In addition, the regulatory changes that have occurred since the publication of the Resolution of 27 July 2006, of the Secretariat, for which the Statutes of the Consortium of the Free Trade Area of Santa Cruz de Santa Cruz are approved Tenerife, they demand an adaptation to the new regulations. Within these modifications, the new wording of Article 80 of Law 50/1998 of 30 December of Fiscal, Administrative and Social Order Measures, given by the final provision of Law 8/2014 of 22 April, on the the State of the risks of the internationalization of the Spanish economy, which establishes that it is up to the Minister of Finance and Public Administrations to approve the Statutes of Consorcios de Zona Franca as well as their modifications. Since the Statutes of the Consortium of the Zona Franca de Santa Cruz de Tenerife, according to the legislation prior to Law 8/2014, were approved by Resolution of 27 July 2006, of the Secretariat, it is necessary that this Order collect the Status as a whole and its approval is carried out by the Minister of Finance and Public Administrations.

In its virtue, I have:

Article 1. Amendment of Order EHA/93/2006 of 18 January, authorising the establishment of a free zone of control type II in the port of Santa Cruz de Tenerife:

Article 4 of Order EHA/93/2006, of 18 January, is amended by authorizing the establishment of a free zone of control type II in the port of Santa Cruz de Tenerife, which will have the following wording:

" Article 4. Composition of the Consortium.

This Consortium will consist of a President, a Vice President and a number of vowels representing the Ministry of Finance and Public Administrations, the Government of the Canary Islands, the Port Authority of Santa Cruz de Tenerife, from the excellent town of Santa Cruz de Tenerife, from the excellent Cabildo Insular de Tenerife, from the Official Chamber of Commerce, Industry and Navigation of Santa Cruz de Tenerife, from the excellent City Hall of Tenerife. Granadilla de Abona and the Provincial Confederation of Employers of Santa Cruz de Tenerife. Other members may be incorporated into the Consortium, amending to that effect their Statutes prior to approval by the Minister of Finance and Public Administrations. "

Article 2. Approval of the new Statutes of the Consortium of the Free Zone of Santa Cruz de Tenerife.

The Statutes of the Consortium of the Franca Zone of Santa Cruz de Tenerife are approved, which are included as an annex to this Order.

Single end disposition. Production of effects.

This Order will produce effects from the day of its publication in the "Official State Gazette".

Madrid, February 24, 2015.-The Minister of Finance and Public Administration, Cristobal Montoro Romero.

ANNEX

Statutes of the Consortium of the Franca Zone of Santa Cruz de Tenerife

CHAPTER I

General provisions

Article 1.

1. The Free Zone of Santa Cruz de Tenerife will be managed by a Consortium whose President will be the President of the Port Authority of Santa Cruz de Tenerife and whose Vice President will be the Special Delegate of the State in the Free Zone.

2. The President of the Consortium shall be represented by the Consortium.

3. The Vice President shall replace the President in all his/her duties in the case of vacancy, absence or disease.

Article 2.

1. The Consortium of the Free Trade Area of Santa Cruz de Tenerife is a State Law Entity of Article 2.1.g) of Law 47/2003 of 26 November, General Budget, which has its own personality and full public and private capacity to the fulfilment of their purposes.

2. The Consortium shall be subject to public law when exercising the administrative powers conferred upon it by the laws, subject to the rest of its activity in private, civil, commercial or employment law.

3. The Consortium will adjust its contractual activity to the provisions of the Public Sector Contracts Law, with the consideration of Public Administration.

4. The Consortium may have its own patrimony, governed by Law 33/2003 of 3 November of the Heritage of Public Administrations, in the terms provided for in its additional twenty-third provision.

Article 3.

The Consortium will have its home address on Avenida Francisco La Roche, n. 49, Santa Cruz de Tenerife, and can be changed by agreement of the Consortium's plenary session.

Article 4.

The main object of the Consortium is the establishment and exploitation of the Zona Franca de Santa Cruz de Tenerife in order to promote and promote the development of industrial, commercial and commercial activities, satisfying the general interests.

You may also promote, manage and exploit, under private law, directly or in association with other bodies, all assets of any nature belonging to your estate located outside the territory of the area free and that they may belong to it under any entitled title in law, in order to contribute to the development and economic and social dynamization of their area of influence.

Article 5.

The Consortium of the Free Zone of Santa Cruz de Tenerife has full capacity to perform as many acts as necessary for the development and achievement of its object, in particular and in relation to the management and administration of the free zone:

a) To hire all your staff.

(b) To lease and acquire land, buildings and other buildings necessary for the establishment of the free zone and for the proper functioning of the zone, and may be able to resort to the compulsory expropriation to carry out its acquisition by observing the procedures prescribed by the legislation in force.

c) To conclude contracts for the supply of materials and the execution of works related to investments or services in the free zone.

(d) To contract and be required for the purpose of operating and installing the free zone, being able to borrow (whether or not they are mortgage) and to contract guarantees of issuance and insurance for the placement of securities.

e) To accept grants, donations and disposals of all kinds, as well as inheritances and legacies, by allocating their products for the purposes they are entrusted with.

f) To issue "warrants" and any other form of deposit of goods placed within the free zone.

For the best performance of its purposes, the Consortium may entrust to a third person, in the terms established in the administrative legislation and in the Law of Public Sector Contracts, the management of one or more services to be provided in the free zone provided that such management does not involve the use of public powers and prior to the authorisation of the Department of Customs and Excise of the State Tax Administration Agency (AEAT).

The indirect management of such services will always require the supervision of the Free Zone Consortium.

Article 6.

For the exercise of its functions, the Consortium may address any public authority through the Special Delegate of the State in the Free Zone. You may also exercise all kinds of actions, resources, and claims in defense of your rights and interests, appearing before any Administration or Jurisdiction.

In accordance with the provisions of Royal Decree 997/2003 of 25 July 2003, the legal advice and representation and defence in the judgment of the Consortium, as well as that of its employees in the regulated cases, may be be entrusted to the State Bar by means of the Convention concluded with the General Counsel of the State-Directorate of the State Legal Service.

Article 7.

Against the acts dictated in the exercise of administrative powers by the Consortium, the administrative resources provided for in the Law of the Legal Regime of Public Administrations and the Administrative Procedure The administrative route was exhausted by the plenary agreements.

Article 8.

The Consortium may amend its Rules of Procedure as many times as it deems appropriate and provided that it does not alter this Statute, after approval by the Customs and Excise Department of the AEAT.

CHAPTER II

From the Consortium's organs

Article 9.

The administrative organs of the Santa Cruz de Tenerife Free Zone are:

1. The Plenary Session.

2. The Executive Committee.

Article 10.

1. The plenary, the upper body of the Consortium, shall be composed of all its members and shall have the following composition:

1) The President of the Port Authority of Santa Cruz de Tenerife.

2) The Special Delegate of the State in the Free Zone of Santa Cruz de Tenerife, designated by the Minister of Finance and Public Administrations.

3) A representative of the Ministry of Economy and Finance of the Government of the Canary Islands designated for this purpose.

4) Two representatives of the Port Authority designated for this purpose.

5) Three representatives of the Tenerife Island Council designated for this purpose.

6) Two representatives of the Santa Cruz de Tenerife City Council designated for this purpose.

7) Two representatives of the Abona Grenadilla City Council designated for this purpose.

8) The holder of the Customs and Excise Dependence of Santa Cruz de Tenerife.

9) A representative of the Official Chamber of Commerce, Industry and Navigation of Santa Cruz de Tenerife designated for this purpose.

10) A representative of the Confederation of Employers of Santa Cruz de Tenerife designated for this purpose.

11) A representative of the Sociedad de PromociĆ³n Exterior de Tenerife, SPET, S.A., designated for this purpose.

Finally, the Secretary who will attend the meetings with a voice but without a vote will be part of the plenary unless he acts as such any of the members of the Consortium's plenary session.

2. In the event of authorisation as provided for in Royal Decree 462/2002 of 24 May, the payment of financial compensation for attendance at meetings of the plenary session may be received only by the maximum number of representatives of the plenary session resulting from the implementation of Royal Decree 451/2012 of 5 March 2012 and its implementing rules.

Article 11.

1. The Consortium may at any time, by agreement of the Plenary Assembly and with at least eleven favourable votes, propose the modification of the form of representation of the entities that constitute it for the best development of its activities, which will be subject, in any case, to the approval of the Minister of Finance and Public Administrations.

2. Persons forming part of the Consortium's plenary shall have the power to delegate, in writing and in a timely manner, to another representative of the plenary session.

3. The entities represented in the plenary shall have the right to designate new representation when, by any circumstance, they shall understand it.

4. Persons who have direct interest in the undertakings or group of undertakings established in the Free Zone may not be members of the plenary.

Article 12.

Corresponds to the Consortium's Plenary Session:

1. The appointment of four Executive Committee Vocals.

2. The appointment of the Secretary of the Plenary Session, who shall perform the same duties in the Executive Committee. In case the Secretary is one of the Vocals who make up the Executive Committee, he will have a voice and vote in this Committee.

3. The approval of the Annual Accounts for each financial year.

4. The adoption of the Multiannual Action Programme, as well as the Operating and Capital Budgets.

5. The approval of the Strategic Plan of the Franca Zone.

6. The approval of how many Conventions are accurate for the fulfillment of their purposes.

7. The proposal to amend these Statutes, which must be submitted, in any case, to the approval of the Ministry of Finance and Public Administrations.

8. The proposal for the approval of the incorporation of the Consortium of other public or private entities, which must be submitted, in any case, to the approval of the Ministry of Finance and Public Administrations.

9. The approval of the tariffs for the services provided in the free zone.

10. The audit of the acts of the Executive Committee.

11. The authorization of the management by third persons, public or private, of one or more of the services of the Free Zone.

12. The authorisation of the acquisition and disposal of land and other immovable property, as well as the granting of authorisations or concessions for the use thereof in the free zone.

13. The approval of the acts of disposition of the goods or rights of ownership of the Consortium, specifically intended for the development and economic and social dynamization of their area of influence, and in particular the acquisition and disposal, free or onerous title, cession or permuse.

14. The exercise of the other functions and powers not conferred on other bodies of the institution.

Article 13.

1. The Consortium in plenary will normally meet once a semester. The President may agree to extraordinary meetings if there is, in his view, a well-founded plea, or at the request of at least one-third of its members.

2. The call shall be made in writing and shall be notified in person to each member at least 15 days in advance, with the time and subject of the meeting being convened.

Article 14.

1. In order for the plenary to be able to adopt agreements, the presence of the President and the Secretary-or, where appropriate, of those who replace them-will be necessary, and of the half plus one of its components.

2. No matter which is not included in the agenda may not be the subject of deliberation or agreement unless all members of the Plenary Session are present, their urgent procedure for the vote of the majority shall be declared.

Article 15.

1. The agreements shall be taken by a majority; in the event of a tie the vote of the President shall be decided.

2. Minutes of each session held by the collegiate body shall be drawn up by the Registrar, who shall necessarily specify the assistants, the agenda of the meeting, the circumstances of the place and time at which it has been held, the main points of the deliberations, as well as the content of the agreements adopted.

3. The minutes shall include, at the request of the members of the body, the vote contrary to the agreement adopted, their abstention and the reasons for which they justify it or the meaning of their favourable vote. Furthermore, any member has the right to request the full transcript of his speech or proposal, provided that he provides the text that corresponds faithfully with his speech in the act or in a period specified by the President. record or join the record.

4. The minutes shall be approved in the same or the following session and may, however, be issued by the Registrar certifying the specific agreements which have been adopted, without prejudice to the subsequent approval of the minutes.

In the certifications of adopted agreements issued prior to the approval of the minutes, this circumstance shall be expressly stated.

Article 16.

The plenary agreements shall be immediately implemented, provided that the express reservation that they are not executed until the corresponding minutes are not approved or their prior elevation is necessary has not been recorded. Ministry of Finance and Public Administrations or the Customs and Excise Department of the AEAT.

Article 17.

1. The Executive Committee shall be composed of the Vice-President of the Consortium, the holder of the Customs and Excise Dependence of Santa Cruz de Tenerife, by four other members appointed for the purpose by the plenary of his/her vowels, and by the Secretary when such condition does not fall to any of the above vowels.

2. He will be President of the Executive Committee of the Special Delegate of the State in the Free Zone.

3. The four Vocals of the Executive Committee appointed by the Plenary Assembly may be renewed when the Plenary Session of the Consortium so understands.

Article 18.

Corresponds to the Executive Committee:

1. The exercise of those functions which may be delegated by the Consortium in plenary.

2. The preparation of the agreements to be adopted by the Consortium in plenary.

3. In particular, the formulation of the Annual Accounts, as well as the elaboration of the Multiannual Action Programme and the Entity's Operating and Capital Budgets, will be in their competence.

4. The elaboration of the Strategic Plan of the Zone.

5. To report, for its elevation to the plenary, requests for the installation of companies and factories in the free zone.

6. The matter referred to in the permit or permit regime.

7. The proposal on the taxation of operators responsible for penalties corresponding to infringements of the rules and rules of the internal regime of the free zone.

8. The authorization for the exercise of the actions and resources that come before the Public Administrations and before Courts and Courts of any degree and jurisdiction.

9. The approval of the acts of mere administration of the goods or rights of ownership of the Consortium, intended specifically for the development and economic and social dynamization of their area of influence.

Article 19.

1. The Executive Committee shall meet at least once every three months on the basis of a four-day notice from its President; a call to which the relevant agenda shall be accompanied.

However, the Chairman of the Committee may convene as many meetings as he considers from or at the request of at least two of his Vocals.

2. The Committee, duly convened and chaired by its President or by person to whom it delegates, may meet and take agreements whenever three of its components are present, with the obligation of its President.

3. The Committee shall adopt its agreements by a majority vote and, in the event of a tie, decide on the vote of its President.

4. The meetings of the Committee shall be drawn up by the Secretary, who shall be the person who performs such a role in the Plenary Consortium.

Article 20.

1. The Presidency of the Consortium corresponds to the President of the Port Authority of Santa Cruz de Tenerife. The President of the Consortium shall hold its legal representation.

2. They are the President's attributions:

a) Ostend the representation of the Consortium.

b) Exercise the duties conferred on the President of the collegiate bodies by Article 23 of Law 30/1992 of 26 November.

c) Deciding ties with your quality vote.

d) Propose motions on specific issues.

(e) The imposition on the operators responsible for the penalties corresponding to the infringement of the regulations and rules of the internal regime of the free zone, on the proposal of the Executive Committee.

f) Expose how many issues you consider to be of interest to the Consortium.

g) Exercise how many other competencies are attributed to you by laws and by this Statute.

Article 21.

1. The Special Delegate of the State in the Free Zone will have the privileges and obligations set out in the legislation in force.

2. As Vice President of the Consortium and Chairman of its Executive Committee, the following functions correspond to:

a) Replace the President in the cases of vacancy, absence or illness.

b) Chair The Executive Committee.

c) Run the plenary and executive committee agreements and ensure compliance.

d) Exercise how many functions the Executive Committee delegates to you from among your competitors.

3. In the case of vacancy, absence or illness, the member of the plenary session, belonging to the General Administration of the State, shall be appointed by the Executive Committee.

CHAPTER III

From the economic and financial-budget regime and the financial control of the free zone

Article 22.

1. In order to comply with its purposes, the Consortium shall have at its disposal and administer:

(a) The product of the tariffs, duly legalized, which, if any, is perceived by the use of its facilities and services.

(b) Grants which, in their favour, are agreed between the State, public or private entities and individuals.

(c) The amounts that you receive for violations of your Rules of Procedure and for damage to property that is part of the Consortium's own assets.

(d) The returns obtained from their assets and rights of a patrimonial nature or by inheritance, legacy or donation.

e) The income obtained, where appropriate, by the use or grants of the concessions and the leasing of land, workshops and premises, facilities and mechanisms existing in the free zone that were patrimony The Consortium itself.

(f) the borrowing products and other financial operations authorized by the Ministry of Finance and Public Administrations.

g) Any other resources not provided for in the above paragraphs that may be attributed to you.

2. The Consortium will be able to borrow, whether or not they are mortgage, and to contract guarantees of issuance and insurance for the placement of securities. You may also issue warrants and any other form of warranty guards.

Article 23.

1. The Consortium of the Franca Zone shall draw up annually the budgetary documentation referred to in Chapter V of Title II of Law 47/2003 of 26 November, General Budget.

2. The preliminary draft budget for exploitation and capital and the multiannual action programme shall be approved by the Executive Board and referred to the budgetary office of the Ministry of Finance and Public Administrations together with the rest of the information referred to in the previous paragraph, in good time for the fulfilment of the approved timetable for the processing of the general budget of the State of the financial year to which they relate.

3. The Annual Accounts set out in the Spanish Business Code and the General Accounting Plan of the Spanish company shall be made within three months of the end of the financial year.

4. For the purposes of this Article, the economic year shall be understood to coincide with the calendar year.

5. The Free Zone will have to apply the accounting principles and standards contained in the Commercial Code and the General Accounting Plan of the Spanish company.

Article 24.

1. In accordance with the provisions of the Public Sector Contract Law on the contractual activity of public entities that are intended to satisfy the general interest, the Consortium will adjust its contractual activity to the provided in the recast text of the Law on Public Sector Contracts, approved by the Royal Legislative Decree 3/2011 of 14 November, with the consideration of Public Administration.

2. The Consortium may lease and acquire land, buildings and other buildings necessary for the establishment of the free zone and its smooth operation. The acquisition may be effected by compulsory expropriation through the formalities prescribed by the legislation in force. It may also carry out conservation or repair works for the facilities of the Consortium.

3. The acquisition, management, exploitation, management and disposal of the assets and rights of ownership of the Consortium, specifically aimed at the economic and social development and dynamization of its area of influence, must in any case respect the following principles:

a) Efficiency and economics in their management.

b) Effectiveness and profitability in the exploitation of these goods and rights.

c) Advertising, transparency, concurrency and objectivity in the acquisition, exploitation and disposal.

d) Identification and control through the inventory and corresponding record.

Article 25.

1. The Consortium shall be subject to the internal control system established for State Public Law Entities as defined in Article 2 (1) (g) of Law 47/2003 of 26 November 2003, General Budget, and other rules These are applicable.

2. The Consortium shall be subject to the external control of the Court of Auditors, in accordance with the provisions of Article 4.1 of the Organic Law 2/1982, of the Court of Auditors, and the second transitional provision of Law 7/1988, of the The Court. The accountability of the Court of Auditors shall be carried out through the General Intervention of the State Administration. The account of the entity, which is required to be accountable as set out in Article 138.1.c) of the General Budget Law, shall be the Chair of the Consortium.

3. Each year, the Consortium shall transmit the settlement of its budget and a supporting report on the management of each entity represented in the Consortium.

CHAPTER IV

From the staff regime of the free zone

Article 26.

With the exception of the members of the Plenary and the Executive Committee of the Consortium, the staff who provide their services in the Consorcio de la Zona Franca will be linked to it by a relationship that is subject to the rules of employment law. Its selection shall be made by public call and in accordance with systems based on principles of equality, merit and capacity, subject to the limitations laid down in the legislation in force, and in particular to the Laws of Budgets. State generals.

The staff providing services in the Consorcio de la Zona Franca will be subject to the system of incompatibilities established in general for the staff at the service of the Public Administrations.

CHAPTER V

Validity and modification of the Statutes

Article 27.

The present Statutes will be in force and will apply in their terms from the date of their approval by the Minister of Finance and Public Administrations.

The amendment of the present Statutes will require the favorable vote of the majority of the members of the Consortium's plenary session and will be submitted to the Minister of Finance and Public Administrations for approval.