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Order Itc/3066/2011, On 10 November, Which Establishes The Public Prices By Providing Services And Activities Of The Directorate-General Of Trade And Investment.

Original Language Title: Orden ITC/3066/2011, de 10 de noviembre, por la que se establecen los precios públicos por prestación de servicios y realización de actividades de la Dirección General de Comercio e Inversiones.

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TEXT

During the time since the entry into force of Order ITC/809/2008 of 13 March on the establishment of public prices for the provision of services and the carrying out of activities of the General Secretariat of Commerce External, the demand of the operators and entities wishing to obtain technical assistance, in charge of the services of the Territorial and Provincial Directorates of Foreign Trade, organic dependent and organic, has been maintained in a stable way functionally of the Ministry of Industry, Tourism and Trade, which sets out its objectives action and functioning, through the Secretariat of State of Foreign Trade.

Whereas Royal Decree 1226/2010, of October 1, for which the basic organic structure of the Ministry of Industry, Tourism and Commerce is developed, provided for the abolition of the General Secretariat of Foreign Trade, and the allocation to the Directorate-General for Trade and Investments of a good part of the powers which it has exercised, in particular those relating to the functional coordination of technical assistance and certification activities in relation to international bodies, undertakings and sectors, in accordance with Article 3.1.m) of the said Royal Decree, it is necessary, hereinafter, to refer to the latter the new provisions that proceed in these matters.

Since the publication of Order ITC/809/2008 of 13 March, it has been proven, not only that the services provided by the Territorial and Provincial Foreign Trade Directorates have continued to respond to real needs in the area of external trade, but other new ones have been generated, resulting from the constant changes that have taken place in this field of activity. Since the Territorial and Provincial Directorates of Foreign Trade are able to provide all these services, it is necessary, on the one hand, to update the amounts of the services provided and, on the other, to establish new to meet the new needs identified, in order to cover the economic costs of the service provided, in line with Article 25 of Law 8/1989, of 13 April, of Public Fees and Prices, as amended by the Law 25/1998, of 13 July, amending the Legal Regime of State and Local Fees and Reordering of Property Benefits of Public Character.

In any event, the public prices will be applied when such services are on a voluntary basis by the administered ones, in accordance with the provisions of Article 24 of Law 8/1989, of 13 April, of Rates and Prices Public.

Article 26.1.a) of Law 8/1989, of 13 April, of Fees and Public Prices, provides that the establishment or modification of the amount of public prices shall be made by order of the ministerial department on which the the body to be perceived and proposed by the latter, which in this case is the Secretariat of State for Foreign Trade, attached to the Ministry of Industry, Tourism and Trade.

For the elaboration of the order, the mandatory hearing has been carried out for the interested parties. It has also issued a report on public prices approved by the Directorate General of Taxation of the Ministry of Economy and Finance.

In its virtue, according to the State Council, I have:

Article 1. Object.

Public prices are established for the issue of certificates of conformity, test reports and sampling of samples in accordance with a standard procedure, as well as for the establishment of quality standards and issuing reports on pre-established production conditions in the Partnership Agreements to be formalised, in implementation of this order, by the Directorate-General for Trade and Investment, through the Territorial Directorates and Provincial Foreign Trade.

Item 2. Service Delivery Request.

The interested parties may direct their application to the Territorial and Provincial Directorates of Foreign Trade in writing, or by means of telematics in accordance with the provisions of Order ITC/1515/2010 of 8 June establishing the Electronic Registration in the Ministry of Industry, Tourism and Trade, and the other ministerial implementing and development provisions of the previous one.

In the case of use of the telematics, the electronic form of the application, specifically established for this purpose, can be obtained from the portal www.mityc.es/oficinavirtual. To this end, it shall be required to be identified safely by any of the systems set out in Article 2 of Order ITC/2739/2007 of 18 September 2007 implementing the provisions of Order ITC/105/2007 of 25 January 2007 on the use of electronic means in relations with the Ministry of Industry, Tourism and Trade.

Article 3. Public pricing requirements.

1. The public prices set out in this provision shall be payable from the start of the provision of the services concerned.

2. The person concerned shall obtain from the document proving the benefit of a given service, subject to the delivery to the corresponding Territorial and Provincial Directorate of Foreign Trade of the proof of payment of the price public that is applicable.

Article 4. Long-term services.

1. Without prejudice to the provisions of the foregoing Article, in the case of the provision of long-term services, the managing body may, as a condition for the commencement of such services, require the making of a prior deposit with the character of the settlement that is practiced on your day.

2. For the purposes of this order, long-term services are defined as those whose performance is carried out on a regular basis according to the needs of the applicant, and cannot exceed the time limit of one year. The request for this service will be made at one time.

Article 5. Amounts.

1. In the Annex to this provision, the amounts of the public prices to be charged for the activities listed therein are fixed. Such amounts shall be increased by the application of the tax rate on the value added tax that is legally applicable.

2. In cases where a physical inspection is required for the issue of a certificate of conformity or of a production report involving the movement of technical personnel, or for the issue of a test report or the (a) a sampling is required for such a shift, the expenditure incurred by this concept shall be passed on to the amount laid down in the rules in force for which the compensation is established for the purpose of the service; personnel at the service of the General Administration of the State.

Article 6. Administration of public prices.

The administration and determination of the amount to be charged for the services provided under public prices will be carried out by the Ministry of Industry, Tourism and Trade, through the Territorial Directorates and Provincial Foreign Trade.

Article 7. Payment.

The payment of the public prices will be made by the income of its amount in the account of the tax collection provided for in Royal Decree 939/2005, of July 29, for which the General Rules of Collection are approved, opened in a deposit entity, and can be verified in any of the branches or offices of that entity.

The revenue collected in that account will be transferred to the Public Treasury, and will be applied to the State Revenue Budget.

Single repeal provision. Regulatory repeal.

Order ITC/809/2008 of 13 March 2008 on the establishment of public prices for the provision of services and the carrying out of activities of the General Secretariat of Foreign Trade is hereby repealed.

Single end disposition. Entry into force.

This order will take effect the day following your publication in the "Official State Bulletin".

Madrid, 10 November 2011.-The Minister of Industry, Tourism and Trade, Miguel Sebastian Gascón.

ANNEX

PART A

Quantis to be collected by issue of test reports

By the issuance of test reports, corresponding to the analytical determinations or parameters analyzed, according to the percentages of percentages given below.

To calculate the price you will take into account the ratio of individual prices (1), and the scale of percentages (2), which follows:

(1) Individual Price Ratio

code

040

042

048

053

Analytic determination or parsed parameter

Price

in

001

Absorbance

29,24

002

002

25.06

003

Boric Acid

fatty acids

50.13

005

diastolic activity

16.71

006

Optical Activity

25.06

007

Primary aromatic mines-Migration (for each simulant)

136.77

008

Biogenic Mines

009

Aflatoxins

66.83

010

alcohols

58.46

102.00

102.00

012

Starch

25.06

013

014

014

014

014

014

014

83.53

015

Volatile nitrogen bases

25.06

016

Cafein

83.53

017

Calories

116.71

018

Carb

116.71

019

Ashes

25.06

020

Oil Ceras

91.87

021

Chlorides

25.06

022

Colorants (Spectrophotometry)

41.78

023

Colorants (HPLC):

66.66

Multianalysis (1)

113.33

024

Conservants (Spectrophotometry)

41.78

025

Conservatives (HPLC):

66.66

Multianalytics (1)

026

density

25.06

027

Dimethyl and trimethylamine

58.46

028

Halogenated Solvents

83.53

029

Dithiocarbamates:

62.95

030

sweeteners (Spectrophotometry)

41.78

031

Each

66.66

Multianalysis (1)

113.33

032

Eritrodiol and uvaol

102.01

033

alkyl esters + Ceras

76.28

034

Esterols

102.19

035

Estigmastadiene

86.88

036

22.47

22.47

037

Dry Extract

25.06

038

ethereal Extract

29.24

039

Fiber

41.78

130.88

041

041

041

041

041

Formol

25.06

Ftalatos

110,40

043

48.41

044

Gluten

25.06

045

alcoholic strength

25.06

046

Fat

41.78

047

Dry Extract Fat

048

048

16.71

049

aliphatic hydrocarbons

82,16

050

polycyclic aromatic hydrocarbons

86.01

051

Oil halogenated hydrocarbons

91.87

052

hydroxymethylfurfural

37.58

Humidity

25.06

054

insoluble impurities

25.83

055

Species Identification

58.46

056

Acidity index

25.06

057

Iode index

25.06

058

Maturity index in fruits

8.34

059

Peroxides Index

25.06

060

061

061

061

061

061

061

23.80

23.80

062

Lactose

45.94

063

064

064

064

064

064

Heavyweight table_to_izq"> Heavy Metal:

Each

33.41

Multianalysis (1)

56.81

065

Nitrates and nitrites

58.46

066

PCR

78.64

067

Ph (direct measurement)

12.52

068

colorant power (spectrophotometric methods)

29.24

069

Power colorant (chromatographic methods)

82.39

070

Percentage of glyceryl 2-monoplamitate

82.66

071

Mohs Presence

33.41

072

25.06

073

Pesticide residues:

66.83

Multianalysis (1)

113.60

074

dirt test

125.29

075

triglycerides

75.18

076

Turbidity

8.34

077

Vitamins (Spectrophotometry)

41.78

078

Vitamines (HPLC) (each)

66.66

079

Checking weights

12.52

080

Other: For analysis not referred to in the previous relationship shall be taken as a reference to the prices established in the analogous analyses, taking into account both the method of analysis and the preparation of the sample.

(1) Multianalysis means the analytical determinations by which several parameters are obtained together using the same instrumental technique and the same sample treatment.

(2) Percentage Baremo

Number of analyses *

1

2

3 to 5

6 to 10

11 to 20

21 to 30

> 30

Price to Apply * *

100% T.

80% T.

70% T.

60% T.

55% T.

40% T.

* The number of analyses will be equal to the result of multiplying the number of samples by the number of parameters requested at once. For the purposes of this scale, each multi-analysis shall have the consideration of a single parameter.

** The price to be applied will be the result of the calculation indicated in the table above, with T being the sum of the amounts calculated from the data of the individual price ratio.

PART B

Quantis to be perceived by other services

(a) By issue of each certificate of conformity: EUR 38.95.

b) For the issuance of each report on pre-established production conditions in the Partnership Agreements: EUR 59.92.

(c) For the performance of sampling in accordance with a standard procedure: EUR 11,24.

d) By establishing quality standards pre-established in Collaboration Conventions, 0.5 per 100 of the value of the merchandise.