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 ...

Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-2262

By order EHA/93/2006, of 18 January, authorized the establishment of a free zone of control type II in the port of Santa Cruz de Tenerife and established that it will be administered by a consortium formed for this purpose called the consortium of the Zona Franca of Santa Cruz de Tenerife.

Received the request of the municipality of Granadilla de Abona to form part of the mentioned Consortium for it is necessary to modify the fourth article of the order referred to the composition of the Consortium and its statutes.

In addition, the regulatory changes that have occurred since the publication of the decision of 27 July 2006, of the Secretariat, by those who approve the statutes of the consortium of the Zona Franca of Santa Cruz de Tenerife, requires an adaptation to the new legislation. Among these modifications highlights the new wording of article 80 of the Law 50/1998, of December 30, measures fiscal, administrative and Social order, given by the first final provision of the law 8/2014, of 22 April, coverage on behalf of the State of the risks of the internationalization of the Spanish economy, which establishes that it is up to the Minister of finance and Government approve the statutes of consortia of Zona Franca as well as their modifications. Since the statutes of the consortium of the Zona Franca of Santa Cruz de Tenerife, according to the previous law 8/2014 legislation, approved by resolution of 27 July 2006, of the Secretariat, it is necessary that this order pick up the Statute as a whole and its approval is carried out by the Minister of finance and public administration.

By virtue, I have: article 1. Modification of the order EHA/93/2006, of 18 January, by authorizing it the establishment of a free zone of control type II in the port of Santa Cruz de Tenerife: amending article 4 of the order EHA/93/2006, of 18 January, by authorized it the establishment of a free zone of control type II in the port of Santa Cruz de Tenerife , which happens to have the following wording: «article 4. Composition of the Consortium.

The consortium shall consist of a President, a Vice-President and a certain number of members representing the Ministry of finance and public administration, the Canary Islands Government, the port authority of Santa Cruz de Tenerife, the most excellent City Council of Santa Cruz of Tenerife, of his Excellency Cabildo Insular de Tenerife, of the Chamber of Commerce, industry and navigation of Santa Cruz of Tenerife , of the Honorable city of Granadilla de Abona and the Confederation Provincial of businessmen of Santa Cruz de Tenerife. The consortium may merge other members, modifying accordingly its statutes upon approval by the Minister of finance and public administration."

Article 2. Adoption of the new bylaws of the consortium of the Zona Franca of Santa Cruz de Tenerife.

Approve the statutes of the consortium of the Zona Franca of Santa Cruz de Tenerife, included as an annex to this order.

Sole final provision. Production of effects.

This order will produce effects since the day of its publication in the "Official Gazette".

Madrid, 24 February 2015.-the Minister of finance and public administration, Cristóbal Montoro Romero.

Annex statutes of the consortium of the area Franca of Santa Cruz of Tenerife chapter I provisions general article 1.

1. the zone of Santa Cruz de Tenerife will be managed by a consortium whose President will be the Chairman of the port authority of Santa Cruz de Tenerife and the Vice-President shall be the special delegate of the State in the free zone.

2. the President of the Consortium will hold the representation thereof.

3. the Vice President will replace the President in all its functions in cases of vacancy, absence or illness.

Article 2.

1 the consortium of the Zona Franca of Santa Cruz de Tenerife is a State entity of public law from article 2.1. g) of law 47/2003, of 26 November, General budget, which boasts its own personality and full capacity, public and private, for the fulfilment of its purposes.

2. the Consortium will hold his performance to the public law when exercise administrative powers that attributed to them by laws, submitting the rest of its activity to private, civil, commercial or labour law.

3. the Consortium will adjust their contractual activity to provisions of the law of the contracts of the Public Sector, taking consideration of public administration.

4. the Consortium will have its own patrimony, governed by Act 33/2003 of November 3, the heritage of the public administrations, in the terms laid down in its twenty-third additional provision.

Article 3.

The Consortium will be domiciled at avenida Francisco La Roche, no. 49, Santa Cruz de Tenerife, being able to change by the plenary of the consortium agreement.

Article 4.

The main purpose of the Consortium is the establishment and operation of the Zona Franca of Santa Cruz de Tenerife with the aim of promoting and developing in the same industrial, commercial and mercantile activities, satisfying the general interests.

Also, you can promote, manage and operate, under law, private, directly or associated to other organisms, all goods of any nature members of their assets located outside the territory of the free trade zone and that might belong under any legally admissible degree, in order to contribute to the development and economic and social revitalization of its area of influence.

Article 5.

The consortium of the Zona Franca of Santa Cruz de Tenerife has full capacity to perform many acts are necessary for the development and achievement of its object, in particular and in relation to the management and administration of the zone: a) to hire staff.

(b) to lease and purchase land, buildings and other property necessary for the establishment of the free trade zone and the good operation, and may attend the compulsory purchase to carry out its acquisition observing the procedures prescribed by the legislation in force.

c) to enter into contracts for supply of materials and execution of works related to investments or services of the free zone.

(d) to hire and be bound at the end of operation and installation of the free zone, being able to make loans (whether or not mortgage) and hiring guarantees of emission and placement of securities insurance.

e) to accept grants, donations and transfers of all kinds, as well as inheritance and legacies, aiming their products for purposes that have entrusted.

(f) to issue "warrants" and any other form of reserves of deposits of goods located within the free zone.

For the better fulfilment of its purposes, the consortium may entrust to a third party, in the terms established in the administrative law and the law of contracts in the Public Sector, the management of one or more services to be provided in the free zone whenever that management does not involve the use of public powers and permission of the Department of customs and special taxes of the State Agency for tax administration (AEAT).

The indirect management of such services will always require the supervision of the Consorcio de la Zona Franca.

Article 6.

For the exercise of their functions the consortium may contact to any public authorities through the special delegate of the State in the free zone. You may also exercise all kinds of actions, appeals and claims in defense of their rights and interests, appearing before any administration or jurisdiction.

In accordance with the provisions in the Royal Decree 997/2003, of July 25, legal advice and representation and defence in view of the Consortium, as well as its employees in statutorily admitted cases, may entrust is the State by agreement to the effect with the Abogacía General del of the service legal of the State.

Article 7.

Rendered in the exercise of administrative powers by the Consortium acts fit the administrative appeals provided for in the law of legal regime of public administrations and common administrative procedure, exhausting the administrative arrangements of the plenary.

Article 8.

The consortium may modify its regulations regime inside many times it deems appropriate and always that results in alteration of this Statute, prior approval by the Department of customs and special taxes of the AEAT.

Chapter II of the Consortium bodies article 9.

The organs of administration of the Zona Franca of Santa Cruz de Tenerife are: 1. the full.

2. the Executive Committee.

Article 10.

1 the full, superior organ of the Consortium, will be made up of all of its members and will 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 Zona Franca of Santa Cruz de Tenerife, appointed by the Minister of finance and public administration.

(3) a designated representative of the Ministry of economy and Finance of the Canary Islands.

(4) two representatives of the port authority designated for the purpose.

(5) three representatives of the Cabildo Insular de Tenerife designated for that purpose.

(6) two representatives of the city of Santa Cruz de Tenerife designated for that purpose.
(7) two representatives of the municipality of Granadilla de Abona designated for that purpose.

(8) the holder of the dependence of customs and Excise of Santa Cruz de Tenerife.

(9) a designated representative of the official Chamber of Commerce, industry and navigation of Santa Cruz of Tenerife.

(10) a designated representative of the Confederation of businessmen of Santa Cruz de Tenerife.

(11) a representative of the society of foreign promotion of Tenerife, SPET, S.A., appointed for the purpose.

Finally, part of the House Secretary who will attend meetings with voice but without vote, except that act as such any of the members of the plenary of the Consortium before reviewed.

2. in the case that is authorized as provided in the Royal Decree 462/2002 of 24 may, the payment of financial compensation for attendance at meetings of the plenary, can only receive them the maximum number of representatives of Parliament resulting from the application of the Royal Decree 451/2012, March 5, and its implementing rules.

Article 11.

1. the consortium may at any time, by agreement of the plenary and with at least eleven votes, propose the amendment of the form of representation of the entities which constitute it for better development of its activities, which shall be subject, in any case, to the approval of the Minister of finance and public administration.

2. persons who are part of the plenary of the Consortium will have the right to delegate, in writing and in a timely manner, in another representative of the plenary.

3. the entities represented in the Chamber shall be entitled to designate new representation when, for any reason, so their understanding.

4 not be members of the House who have direct interest in companies or group of companies in the free trade zone.

Article 12.

Corresponds to the plenary of the Consortium: 1. the appointment of four members of the Executive Committee.

2. the designation of the Secretary of the plenary, which will perform the same functions in the Executive Committee. Where the Secretary is one of the members that comprise the Executive Committee, it will have voice and vote in this Committee.

3. approval of the annual accounts of 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 free zone.

6. the adoption of many conventions are necessary for the fulfilment of its purposes.

7. the proposal of modification of these statutes, which must be submitted, in any case, to the approval of the Ministry of finance and public administration.

8. the proposed adoption of the addition to 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 administration.

9. the approval of the rates corresponding to the services provided in the free zone.

10. the control of the acts of the Executive Committee.

11. the authorization of the management by third parties, public or private, of one or more of the services of the free-trade 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 of the same in the free zone.

13. the adoption of acts of disposition of the property or rights of ownership of the Consortium, specifically earmarked for development and economic and social revitalization of its area of influence, and especially of acquisition and disposal, whether to free or onerous title, transfer or Exchange.

14. the exercise of other functions and powers not conferred on other organs of the body.

Article 13.

1. the Consortium in plenary will meet usually one time per semester. The President may agree to extraordinary meetings if there was, in his view, reason founded, or at the request of at least one-third of its members.

2. the call must be made in writing and notified personally to each Member at least of fifteen days, stating is the time and the object of the meeting.

Article 14.

1 so that the plenary can validly adopt agreements will be necessary the presence, at the very least, the President and Secretary - or, where appropriate, those who replace them - and the half plus one of its components.

2. cannot be subject to discussion or agreement any matter that figure not included in the agenda, unless, being present in all members of the plenary, was declared its processing of emergency by vote of the majority.

Article 15.

1. agreements shall be taken by majority; in case of tie, the vote of the President will decide.

2. for each session held the College will rise Act by the Secretary which will necessarily specify attendees, the order of the day of the meeting, the circumstances of place and time that has been held, the main points of the deliberations, as well as the content of the agreements adopted.

3 the minutes shall contain, at the request of the respective members of the body, vote against the adopted agreement, abstention and the reasons that would justify or the meaning of their vote. Also, any Member has the right to request the transcript of his speech in full or proposed, provided that it contributes in the Act or term indicated President text that corresponds faithfully to its intervention, becoming so recorded in the minutes or joining copy to it.

4. the minutes shall be adopted in the same or the next session may, however, issue the Secretary certification on specific agreements that have been adopted, without prejudice to the subsequent approval of the minutes.

Agreements adopted certifications issued prior to the adoption of the Act shall contain expressly this circumstance.

Article 16.

The agreements of the plenary will rise to execution immediately, always that has has not included the express reservation that are not executed until not be approved the corresponding act or required its previous elevation to the Ministry of finance and public administration or the Department of customs and special taxes of the AEAT.

Article 17.

1. the Executive Committee will be made by the Vice-President of the Consortium, by the holder of the dependence of customs and Excise of Santa Cruz de Tenerife, by four other members appointed thereto by the House from among its members, and the Secretary when such condition not taken in any of the previous members.

2 it will be Chairman of the Executive Committee the special delegate of the State in the zone.

3. the four members of the Executive Committee appointed by the plenary session can be renewed when the plenary of the Consortium so understand it.

Article 18.

Corresponds to the Executive Committee: 1. the exercise of those functions that could delegate to the same Consortium in plenary.

2. the preparation of agreements that must adopt the Consortium in plenary.

3. in particular it will be within its competence the formulation of the annual accounts, as well as the elaboration of the programme of multiannual action and exploitation and the institution's Capital budgets.

4. the elaboration of the Strategic Plan of the area.

5 check for his elevation to the House of requests for installation of companies and factories in the free zone.

6. the matters concerning the regime of authorizations or permissions.

7. the proposal on taxation to operators responsible for the sanctions that apply for violation of regulations and rules inside the free zone regime.

8. the authorization for the exercise of the actions and resources that come before the public administrations and courts of any grade and jurisdiction.

9. the adoption of the acts of mere administration of the property or rights of ownership of the Consortium, specifically earmarked for development and economic and social revitalization of its area of influence.

Article 19.

1. the Executive Committee shall meet, at least once quarterly prior call of its President made four days in advance; call for proposals which will accompany the corresponding order of the day.

However, the Chairman of the Committee may be convened many meetings it considers from or at the request of at least two of its members.

2 the Committee duly convened and chaired by its Chairman or by a person delegated, guests can gather and agreements provided that three of its components, with obligatory presence of its President to attend.

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

4. in the meetings of the Committee shall be act by the Secretary who will be who play such a role in the Consortium in plenary.

Article 20.

1. the Presidency of the Consortium corresponds to the Chairman of the port authority of Santa Cruz de Tenerife. The President of the Consortium will hold their legal representation.

2 duties of the President are: a) to represent the Consortium.

(b) carry out the functions attributed to the President of the colleges article 23 of the law 30/1992, of 26 November.

(c) decide on ties with their vote.

(d) to propose motions on certain issues.

(e) the imposition to the operators responsible for the sanctions that apply for breach of regulations and rules inside the free zone regime, on the proposal of the Executive Committee.

(f) exposing how many issues it deems of interest for the Consortium.
(g) to exercise many other competences attributed to them laws and this Statute.

Article 21.

1. the special delegate of the State in the free trade zone will have powers and obligations set out in the legislation.

2 as Vice President of the Consortium and Chairman of its Executive Committee will correspond the following functions: to) replace the President in case of vacancy, absence or illness.

(b) chair the Executive Committee.

(c) enforce the agreements of the plenary and of the Executive Committee and ensure their compliance.

(d) exercising many functions delegated by the Executive Committee from among those of its competition.

3. in case of vacancy, absence or illness will replace the delegate member of the House, belonging to the General Administration of the State, be designated by the Executive Committee.

Chapter III economic and financiero-presupuestario regime and the financial control of the free zone article 22.

1 for the fulfilment of its purposes the Consortium will have at their disposal and manage: to) the product of the rates, duly legalized, perceived, where appropriate, by the use of its facilities and services.

(b) subsidies which, to his credit, agreed by the State, public or private entities and individuals.

(c) amounts received for violations of its rules of procedure and for damage to goods that are part of the heritage of the Consortium.

(d) the yields obtained their property and rights of a patrimonial nature or by inheritance, legacy or donation.

(e) revenues, where appropriate, by the use or grants of concessions and the leasing of areas of land, workshops and premises, installations and mechanisms in the free zone that were the heritage of the Consortium.

(f) products of loans made and other financial operations authorized by the Ministry of finance and public administration.

(g) any recourse not provided for in the preceding paragraphs that can be attributed.

2. the consortium may make loans, whether or not mortgage, and contract guarantees issuance and placement of title insurance. You can also issue "warrants" and any other form of guarantee slips.

Article 23.

1 the Zona Franca Consortium will prepare annually the budget documentation concerning chapter V of title II of law 47/2003, of 26 November, General budget.

2. the preliminary draft budgets of exploitation and Capital and multiannual programme will be approved by the Executive Committee and submitted to the budget Office of the Ministry of finance and public administration along with the rest of the information referred to in the preceding paragraph, in good time for the implementation of the calendar adopted for the processing of the General State budget for the year to relate.

3 formulate the annual accounts collected in the commercial code and the General Accounting Plan of the Spanish company within a maximum period of three months from the close of the fiscal year.

4. for the purposes of the provisions of this article shall mean the financial year coincides with the calendar year.

5. the free zone shall apply the principles and accounting standards in the commercial code and the General Accounting Plan of the Spanish company.

Article 24.

1. in accordance with the provisions of the law of contracts in the Public Sector on the contractual activity of public institutions that are intended to satisfy the general interest, the Consortium will adjust their contractual activity provisions of the consolidated text of the law of contracts in the Public Sector, approved by Royal Legislative Decree 3/2011, from 14 November with the consideration of public administration.

2. the consortium may lease and purchase land, buildings, and other property necessary for the establishment of the free trade zone and its proper functioning. The acquisition may be through compulsory purchase by the procedures prescribed by the legislation in force. You can also make works of conservation or repair of the premises of the Consortium.

3 the acquisition, management, exploitation, management and disposition of the property and rights of ownership of the Consortium, earmarked for development and economic and social revitalization of its area of influence must respect, in any case, the following principles: to) efficiency and cost-effectiveness in its management.

(b) efficiency and cost-effectiveness in the operation of these assets and rights.

(c) publicity, transparency, concurrence and objectivity in the acquisition, exploitation and alienation.

(d) identification and control through inventory and registry.

Article 25.

1 the consortium shall be subject to the regime of internal control established for State public law entities defined in the letter g) of paragraph 1 of article 2 of the Law 47/2003, of 26 November, General budget, and other standards that 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 law 2/1982, of the Court of Auditors, and the second transitional provision of the law 7/1988, of operation of the Tribunal. Accountability to the Court of Auditors shall be carried out through the General intervention of the administration of the State. The cuentadante of the entity, forcing accountability as set out in article 138.1. c) of the General budget law, will be the President of the Consortium.

3. the consortium shall transmit annually the liquidation of your budget and a supporting memory management Consortium to each of the entities represented in the Consortium.

Chapter IV of the regime of free zone article 26 staff.

With the exception of the members of the plenary and of the Executive Committee of the Consortium, which provides its services in the Zona Franca Consortium staff linked to it by a relationship subject to the rules of labour law. Your selection will be by tender and according to systems based on principles of equality, merit and ability, being subject to the limitations set out in the legislation and, in particular, to the laws of the State budget.

Personnel who provide services in the Zona Franca consortium shall be subject to the incompatibilities regime established a general rule for the staff at the service of the public administrations.

Chapter V duration and modification of the statutes article 27.

These statutes will be in force and shall be applied in its terms from the date of their approval by the Minister of finance and public administration.

Modification of these statutes shall require the favourable vote of the majority of members who join the Consortium plenary session and will be submitted to the Minister of finance and public administration for approval.