JOHN CARLOS I

KING OF SPAIN

To all who present it and understand

Sabed: That the General Courts have approved and I come to sanction the following law.

PREAMBLE

I

Spanish society has undergone a profound transformation over the last thirty years in the full recognition of equal rights and freedoms between women and men.

Despite this, gender equality in rural areas is evolving more slowly, which is a common feature of all countries in our environment. Proof of this is the majority presence of men in the rural world as a result of the migration of young women from the countryside to the cities. The long working days, the non-shared domestic responsibilities in most cases and the lack of economic, professional and social recognition of women's work are the main reasons for this phenomenon.

In the field of family exploitation of the rural environment, many women share with men the agricultural tasks, assuming much of the same and contributing both goods and work. However, in most cases, only the man as the holder of the agricultural holding is listed, which makes it difficult for the woman to be properly valued for the rights and obligations arising from the management of the holding, under conditions of equality. In Spain, more than 70 per cent of agricultural holding holders are male.

In Spain there are no legal limitations to access to agricultural property by women (although reality shows that when they are the headlines, it is usually a small and low-level farm. (a) profitability), but if practical difficulties for access to credit or other intangible assets and rights are linked not to land ownership, but to their performance, i.e. ownership of the holding. In addition, traditional stereotypes remain in force in rural areas. Women's work continues to be more understood as a "family aid" that complements the main income and not as an effective economic contribution.

The role of women in rural areas is present and future. The development of rural areas is essential for the vertebrate of Spain and has been understood by the European Union through Directive 41/2010 of 7 July. Rural women, still today despite progress on equality, remain vulnerable and invisible; and yet they are the basis for the maintenance, conservation and development of rural areas in economic, social and economic terms. cultural.

II

Despite the progress that the regulation of agricultural holdings has made for the legal regime of land organization in the rural world in accordance with Law 19/1995 of 4 July on the modernization of agricultural holdings, the practice shows that there are certain aspects that need to be corrected for the negative effect they produce on the situation of women living and participating in such holdings. Although there have been sufficient societarian figures in the civil and commercial legal system for some time, women have the same rights as men, making them stand on the market and in legal and economic traffic, without However, social reality shows that women working in agricultural holdings have not used such social figures. The State intends, with this legal initiative, to adapt the legal framework to social reality.

The shared ownership is called to constitute a factor for changing agricultural structures so that women in the rural world enjoy equal rights for men. This will allow for the removal of formal and substantive barriers, as well as the empowerment of certain values in women in the rural world, such as trust, equality and non-discrimination, visibility and therefore development. sustainable.

The Spanish legislator thus seeks to establish a legal framework for rural people, guaranteeing equal rights for women and men in the rural world, social protection and social security, of education and training, and full recognition of their work at all levels.

III

Two rules with the rank of Law constitute the first legal recognition of what is already known as the shared ownership of agricultural holdings. On the one hand, Article 30 of the Organic Law 3/2007 of 22 March on the effective equality of women and men, calling for the development of this legal figure, in order to fully recognize the rights of women in the agricultural sector, the corresponding protection of social security, and the recognition of their work. Moreover, the fourth additional provision of Law 45/2007, of 13 December, for the sustainable development of rural areas, has provided a mandate to the Government to promote and develop the system of shared ownership of goods, rights and obligations in the agricultural sector and the corresponding protection of social security.

As the first development of these rules, Royal Decree 297/2009 of 6 March on shared ownership in agricultural holdings created, for administrative purposes and as a measure of promotion, shared ownership as a new preferential figure for those covered by Law 19/1995 of 4 July 1995 for the modernisation of agricultural holdings.

In addition in Europe, work has also been done in this regard, as demonstrated by Directive 2010 /41/EU of the European Parliament and of the Council of 7 July on the application of the principle of equal treatment between men and women. exercise a stand-alone activity.

IV

Based on this background, this Law regulates the shared ownership of agricultural holdings. The Law provides for a new legal figure of a voluntary nature, which aims to promote this type of farming as a vehicle to achieve the true equalization of women and men in the agricultural holding, giving effective compliance with the principle of equality and non-discrimination proclaimed in the Constitution. Its aim is to go beyond a regulation of administrative effects, since it is a question of promoting positive action which will give women visibility and which women can exercise and enjoy all the rights arising from their work in the field of health. agricultural holdings in terms of equality with respect to men, favouring the assumption of managerial decisions and the risks and responsibilities arising from them. The figure set out in Article 2 as an economic unit, without legal personality, and liable to be imposed for tax purposes, which constitutes a marriage or a couple in fact, for the joint management of the agricultural holding, differentiating between the ownership of the holding and the Sunday ownership of the goods and their rights, the civil legal regime of which is not affected in any case. This law grants these agricultural holdings of shared ownership the status of priority, in accordance with Law 19/1995, of 4 July, of the modernization of agricultural holdings, so that they will enjoy the advantage of having a preferential order the collection of benefits, aid and other promotion measures promoted by the public authorities, provided that one of them is a professional farmer and the unit income of the holding does not exceed 50 per 100 the maximum as laid down in the relevant legislation for holdings priority.

The Law also regulates another mechanism for the recognition of the economic rights of women who perform tasks on the holding. Thus, those who have participated effectively and regularly receive no payment or consideration for the work done and have not been constituted with their spouse or partner in fact a shared ownership will be entitled to an economic compensation in the case of both the transmission of the holding and the extinction of the marriage or the couple in fact.

In addition to the above, there is the possibility, as stated in the additional first provision, of access to the joint administration of the agricultural holding, but without creating the legal status of the shared ownership, by setting up a limited liability company as provided for in Article 5.2 of Royal Decree-Law 13/2010 of 3 December 2010 on actions in the field of taxation, labour and liberalisation to promote investment and the job creation, the statutes of which will be in line with the type of Statets-approved by the Minister of Justice . It should be noted that the shared ownership regime set out in this Law does not apply to the limited liability companies referred to in this additional provision.

Consequently, the purpose of the Law is to promote and promote real and effective equality between women and men in the rural environment, through the legal and economic recognition derived from their participation in the activity. agricultural.

V

Finally, it should be noted that the Law introduces a regulation that, informed by the principle of basic equality among all Spaniards in the exercise of rights and in the fulfilment of constitutional duties, according to The wording of Article 149.1.1. of the Constitution, moreover, has a special and precise constitutional basis for the precepts that integrate it. Thus, the fourth final provision states that the competence of the State to issue the rule is, together with the title deriving from the principle of equality evoked, in the titles which it enables to produce basic legislation in (a) the basis for and coordination of the general planning of economic activity, in the field of civil legislation, without prejudice to the necessary specialisms which are derived from civil or special civil law in this field; commercial law, and in matters of general taxation and public debt and of basic legislation and arrangements Economic and Social Security.

VI

The Act is structured into four chapters, six additional provisions, a transitional provision and five final provisions.

Chapter I lays down the general provisions: purpose and purpose, nature of the agricultural holding of shared ownership, definitions and requirements of persons holding the holding of land holding shared.

Chapter II establishes the legal system of shared ownership as regards the administration, representation and responsibility of the shared ownership of land, the distribution of income, the registration of the corresponding Autonomous Community, with constitutive value, and in the existing State Register in the Ministry of the Environment, and the Rural and Marine Environment. Finally, this chapter regulates the extinction of shared ownership.

Chapter III establishes the tax system and the social security measures applicable to this type of agricultural holding. Similarly, it regulates the measures relating to the scheme of agricultural aid and public aid and grants to encourage the establishment of the shared entitlements of agricultural holdings.

Chapter IV deals with the economic protection of the spouse or partner in fact vis-à-vis the holder, on account of their cooperation in the agricultural holding, recognizing for their effective and regular activity on the holding, when not receive payment or consideration for the work done, or have received the shared ownership scheme provided for in this Law, the right to claim an economic compensation.

The additional provision first provides for the future approval of a simplified model of statutes by the Ministry of Justice, which may be received by those individuals who may become a shared ownership. of agricultural holding in accordance with this Law do not constitute and decide to formalize a limited liability company.

The second additional provision provides for the modification of the ministerial public records in order for their databases to identify both holders of the shared ownership agricultural holding.

The single transitional provision provides for the obligation to revise, for adaptation to this Law, the registrations existing in the Register of Shared Entitlement within six months of the approval of the new regulatory regulatory standard for that Register, until then, remaining in force, Royal Decree 297/2009 of 6 March on shared ownership in agricultural holdings and Order ARM/2763/2009 of 5 October 2009, for which regulates that Record.

The final provision authorizes the Government and the Ministers of the Environment, and the Rural and Marine Environment, Economic and Finance, Justice, Health, Social Policy and Equality and Labour and Immigration to adopt, in their scope, the general provisions necessary for the implementation and development of the provisions of the Law.

The second final provision introduces certain amendments to Law 19/1995 of 4 July on the modernization of agricultural holdings in order to accommodate the new figure of shared ownership.

The final provision, third, amends Law 18/2007 of 4 July, which provides for the integration of the self-employed workers of the Special Agrarian System of Social Security into the Special Regime of the Social Security of Workers for Own or Self-Employed.

Finally, the fourth final provision refers to the determination of the competences for the enactment of this Law.

CHAPTER I

General provisions

Article 1. Object and purpose.

1. The purpose of this Law is to regulate the shared ownership of agricultural holdings in order to promote and promote the real and effective equality of women in rural areas, through the legal and economic recognition of their participation in agricultural activity.

2. In the case of a non-constitution of shared ownership, the purpose of this is to regulate the economic rights generated in favour of the spouse or person associated with the same affectivity relationship, as opposed to the holder of the agricultural holding, as consideration for their agricultural, effective and regular activity on the holding, in the manner and with the effects provided for in Chapter IV of this Law.

Article 2. Nature.

1. The agricultural holding of shared ownership is the economic unit, without legal personality and liable to be imposed for tax purposes, which is constituted by a marriage or a couple united by a similar relationship of affectivity, for the purposes of management of the agricultural holding.

2. The creation of the shared ownership of an agricultural holding shall not alter the legal status of the goods and rights which conform to it or the matrimonial property regime or the property covenants of the couples in fact or the succession regime, without prejudice to the provisions of Chapter IV of this Law.

Article 3. Requirements for the holders.

The persons holding the agricultural holding under shared ownership shall:

-Being discharged into Social Security.

-Exercise agricultural activity and work in it directly and personally as defined in Law 19/1995 of 4 July.

-Reside in the rural territorial area in which the holding is radiated.

CHAPTER II

Shared Entitlement Regime

Article 4. Administration, representation and responsibility of the shared ownership of land.

1. The administration will be responsible for both holders together.

2. The representation of the holding of shared ownership shall be in solidarity, with the exception of the acts that assume, disposition, dispose or encumbrance thereof, in which such representation shall be communicated.

3. The responsibility will be direct, personal, solidary, and unlimited for the two people.

Article 5. Yield-sharing.

1. The income generated by the holding shall be allocated to 50% between the two persons holding the shared agricultural holding.

2. Once distributed, these returns shall be governed by the provisions of the matrimonial property regime of both spouses or the property covenants which, if any, have been concluded by the couples in fact.

Article 6. Shared ownership record.

1. For the shared ownership of agricultural holdings to produce all their legal effects, their prior registration shall be required in the Register established for that purpose by the corresponding Autonomous Community.

2. The entry in the Register referred to in the preceding paragraph shall be of a constitutive nature and shall be made by the submission of a joint declaration stating the following:

a) Personal identification data.

b) Identification data for the holding.

c) Data on the goods and rights that make up the shared ownership of land. In particular, in the case of real estate and real property rights, the cadastral reference and any other data that may result from the current regulations must be specified.

(d) Tax Identification Number assigned by the competent tax administration pursuant to Article 9 of this Act.

e) Identifying data from the bank account associated with the shared entitlement.

f) Identification data of the representative, if any, of the shared ownership.

g) Certificate of marriage or certificate of registration of a couple in fact, or statement of association of analogous relationship of affectivity included in the joint declaration.

The joint declaration may also be submitted through the electronic signature system, in accordance with the provisions of Law 11/2007, of June 22, of electronic access of citizens to Public Services.

3. Within three months of the registration concerned, the checks which are relevant and the registration within that period shall be carried out at the time of the submission by the parties to the Paragraph 2. Expiry of that period without a refusal by the Registry shall mean the registration of administrative silence.

4. The corresponding register of autonomic management shall issue a certificate containing at least the data referred to in paragraph 2.

Article 7. Register coordination.

1. In the Ministry of the Environment, and the Rural and Marine Environment, there will be a Register where the declarations of shared ownership will be reflected, and their variations, received from the competent body of the different Autonomous Communities.

2. The register shall contain at least the identification of the persons holding the holding of shared ownership and, where appropriate, of the representative designated by them, as well as the identification of the holding and its number of tax identification.

3. The Autonomous Communities shall communicate to the Ministry of the Environment, the Rural and the Rural Environment the data provided by the persons holding the shared ownership of the agricultural holding and their variations in the their record on the record.

4. The content of the register shall be determined by regulation.

Article 8. Extinction.

1. Shared ownership of agricultural holdings shall be extinguished:

a) For nullity, separation or dissolution of marriage.

b) By rupture of the couple in fact, or by the death or death declaration of one of its members.

c) For loss of ownership of the agricultural holding for any legally established cause.

d) By transmission of ownership of the holding to third parties.

e) When by one of the two holders, the requirements laid down in Article 3 of this Law cease to be fulfilled.

(f) By agreement between the persons holding the shared ownership of the holding, expressed by means of personal appearance or electronic signature on the register of shared ownership governed by Article 6 of the this Act.

2. The concurrence of any of the causes set out in points (a) to (e), both inclusive, of the previous paragraph shall be communicated by the person concerned and in his defect by the other person, or by his heirs, to the registration of title shared under Article 6 of this Act.

CHAPTER III

Measures in the field of taxation, social security and grants and public aid

Article 9. Tax regime for shared ownership.

1. The shared ownership of agricultural holdings shall be considered for tax purposes as an entity of Article 35.4 of Law 58/2003 of 17 December, General Tax.

2. Any shared ownership of agrarian exploitation as an entity of Article 35.4 of the General Tax Law shall have a tax identification number for its relations of a nature or with a tax transcendence.

This tax identification number shall be provided by the General Administration of the State, either on its own initiative or at the request of the person concerned.

The procedure for assignment and revocation, the composition of the tax identification number and the way in which it should be used in the relations of nature or with tax transcendence will be regulated in the General Law Tax and the General Rules of Procedure and the procedures for the management and tax inspection and the development of the common rules of the procedures for the application of the taxes approved by Royal Decree 1065/2007, 27 of July.

3. The provisions of the foregoing paragraphs shall be without prejudice to the foral regimes of the Historical Territories of the Basque Country and the Autonomous Community of Navarre, as laid down in Article 1.2 of Law 58/2003, of 17 May December, General Tax.

Article 10. Social security measures.

1. The exercise of an agricultural activity by the persons holding a shared ownership of the agricultural holding determines the inclusion in the social security system.

2. The spouse of the person holding an agricultural holding referred to in the first provision of Law 18/2007 of 4 July, which is the subject of the integration of the self-employed of the Special Agrarian System of Social Security in the Special Scheme of Social Security of Workers for the Account of Own or Self-Employed, which is held in the holder of the shared agricultural holding, shall be entitled to the benefits in the contribution to the Social security referred to in that provision, provided that the conditions in question are met set.

3. The provisions of the preceding paragraph shall apply to the member of the couple in fact who is a holder of the agricultural holding under a shared ownership system, once it is regulated, in the field of application of the security system. Social and of the Regiments that form it, the scope of the binding of the couples in fact from the holders of agricultural holdings, in accordance with the provisions of the second provision of the aforementioned Law 18/2007, of July 4.

Article 11. Arrangements for agricultural aid.

1. Grants, direct aid and rural development aid, whether they come from European, state or regional sources of financing, associated with the shared agricultural holding, shall be equal to half of the total each of the spouses or members of the couple in fact holders of the shared ownership holdings, and the application for the said aid shall be made on behalf of the shared ownership entity which constitutes the holding shared ownership land, making the corresponding payment in the account bank associated with the shared entitlement.

2. Each of the persons holding the agricultural holding of shared ownership shall be considered as a direct beneficiary of the aid corresponding to the single payment scheme for the common agricultural policy, with the exception of rights the transfer of the same rights as one of the right holders to the economic unit.

Article 12. Promotion and public aid measures.

1. The Ministry of the Environment, and the Rural and Marine Environment, in accordance with their budgetary resources, with the requirements and conditions to be established in regulation, and the agricultural professional organizations and organizations heard Non-governmental rural women shall be in charge of the measures necessary to promote the establishment of shared ownership agricultural holdings.

2. The agricultural holding of shared ownership shall be regarded as a priority agricultural holding for the purposes laid down in Law 19/1995 of 4 July, provided that the unit income of the holding does not exceed a 50 per 100 the maximum of the requirements laid down in the relevant legislation for priority holdings. In addition, in addition to the requirements laid down in Article 3 of this Law, one of the two holders must be regarded as a professional farmer, in accordance with the provisions of Article 2 (5) of Law 19 /1995 of 4 May 1995. July.

3. The regulatory bases for grants financed by the General Administration of the State shall incorporate a preferential treatment for the benefit of the agricultural holdings of shared ownership. Such preferential treatment shall consist of, on an equal basis for holdings and for each level of support, the increase in the weighting or punctuation in the objective criteria for the granting of grants and public aid established in the regulatory bases, in addition to other situations of preference and priority established in the rest of the legal system.

4. Holders of shared ownership agricultural holdings shall have a preferential right in the field of training and advice in the field of agriculture.

5. All the provisions, plans and programmes drawn up by the General Administration of the State in the field of agriculture, rural environment and the environment must take into account the incentive measures and the promotion of shared ownership of the agricultural holdings provided for in this Law, making the necessary justifications for such effects in the relevant memory.

CHAPTER IV

Economic compensation for effective collaboration in the agricultural holding

Article 13. Recognition of the right to economic compensation.

1. Persons married or joined by a similar relationship of affectivity who participate effectively and regularly in the agricultural activity of the holding, who do not receive any payment or consideration for the work carried out or have received the scheme of shared ownership provided for in this Law, shall be entitled to an economic compensation in the terms and with the legal effects referred to in the following paragraph and articles. The accreditation of the effective work can be done with any means of proof admitted in law. However, such effective work shall be presumed in the case of marriages whose economic regime is that of ganancials.

2. In cases of transmission of the agricultural holding, of nullity or dissolution of the marriage by any of the causes provided for in Article 85 of the Civil Code, or of the analogous relationship of affectivity by separation, nullity, or death, or in the the persons referred to in paragraph 1 shall be entitled to require an economic compensation from the other holder of the marriage or of the property relations established by the couple in fact, the persons referred to in paragraph 1 shall be entitled to the right to farm or its heirs.

Article 14. Amount and payment of compensation.

1. For the purpose of calculating the compensation, account shall be taken of the actual value of the agricultural holding, the actual and actual working time in the agricultural activity and the assessment of the activity on the market, which shall be determined by means of test supported in law.

2. The compensation shall be compatible with other rights of a patrimonial nature to which the spouse or member of the couple is entitled.

3. The compensation shall preferably be met in a single payment, without prejudice to what the parties may agree on the amount, form, time and guarantee for the payment of the compensation.

Article 15. Deadline for complaint.

The action to claim the payment of the compensation will be prescribed at five years from the date of compliance with the assumptions provided for in Article 13.2 of this Law.

Additional disposition first. Constitution of limited liability companies.

In compliance with the requirements laid down in Article 3 of this Law, they may decide not to create an agricultural holding of shared ownership, they may constitute a limited liability company for those provided for in this Law. Article 5. Two of the Royal Decree-Law 13/2010, of December 3, of actions in the fiscal, labor and liberalizing areas to promote investment and job creation. These companies will be in line with the type-Statets-type that are approved by the Ministry of Justice, with the tax rebates and exemptions that are legally determined.

Additional provision second. Modification of public records.

The responsible ministerial departments shall take the necessary steps to ensure that in the public records that the holders of the shared ownership agricultural holdings are identified.

Additional provision third.

Within three months of the adoption of this law, the government will establish a multi-annual programme to provide for a campaign to raise awareness and disseminate access to shared ownership and incentives to benefit from this mode.

Additional provision fourth.

After the first three years of application of this Law, the Government will carry out an evaluation of the results of the implementation of this Law, as well as its impact on those Autonomous Communities with a civil law. proposing the amendments which, if necessary, it considers to be, and will forward it to the Congress of Deputies.

Additional provision fifth. Amendment of Law 3/2001 of 26 March on Maritime Fisheries of the State.

A Title VI is added to Law 3/2001, of March 26, of Maritime Fisheries of the State, with the following wording:

" TITLE VI

Regularization of fishing vessels in the Census of the Operational Fishing Fleet and the Registry of Ships and Shipping Companies

Article 109. Regulation of ships.

A procedure for the regularization of the inscriptions is established in the Registry of Ships and Shipping Companies, dependent of the Ministry of Public Works, as well as in the Census of the Operative Fishing Fleet, dependent of the Ministry (a) the environment, and the Rural and Marine Environment, of those fishing vessels in which the hull material, the propellant power or the values of length, sleeve, strut or tonnage do not coincide with their corresponding register data, which comply with the conditions set out in this Act.

Article 110. Conditions for regularisation.

1. The shipowners or owners who have submitted the application for regularisation within the framework of Law 9/2007 of 22 June on regularisation and updating of vessel registrations may be accepted for this procedure. Fishing in the Register of Ships and Shipping Companies and in the Census of the Operative Fishing Fleet, and were not admitted to processing or would have been rejected pursuant to Article 3 of the aforementioned Law. This procedure shall apply to the files which have been instructed and to be made available for the purpose of low or resolved, the effectiveness of which has been delayed until the moment of the contribution of casualties.

2. The owners or shipowners of vessels which have submitted their application before 31 December 2007 may also benefit from the regularisation referred to in the first subparagraph.

3. In no case shall the regularization or updating of the Census or Register impair the rights acquired by third party for consideration and in good faith during the validity of the seat to be rectified.

Article 111. Requirements for the contribution of casualties.

1. In the event that the variations produced in respect of the registered data represent an increase of the tonnage or the propellant power of the vessel, its owners or shipowners shall contribute to the reduction of the operating fishing units necessary to compensate for such increases, in accordance with the criteria applicable to the construction and modernisation of fishing vessels set out in Royal Decree 1549/2009 of 9 October on fisheries management and adaptation to the European Fisheries Fund, with the exception of the provisions of Article 3 (c) of that Royal Decree. A tolerance in tonnage of 1,00 GT for vessels less than 10 metres in overall length and 0,8 GT for the remaining vessels and up to 20 steam horses in both cases shall be permitted.

2. The necessary casualties shall be provided within the time limit laid down by the competent authority for the resolution of the file, which may be carried out by any census by means of fishing or fishing without limitation of the base port and the admission of the contribution of one or several casualties, which will necessarily be scrapped, for the regularisation of several vessels.

3. During the reporting period, none of the data recorded may be subject to change, except for changes in ownership on the grounds of death or permanent incapacity of the owner.

Failure to comply with the above paragraph will result in the resolution of the requested regularisation.

4. The vessels regulated with the contribution of the corresponding casualties must exercise the fishing activity continuously and remain high in the Census of the Fishing Fleet and in the Register of Ships and Shipping Companies, during the less than two years from the entry of new dimensions in the seat sheet, in order to be able to be contributed as a result of the construction or modernisation of fishing vessels or to be able to receive aid for the permanent cessation of fishing vessels. fishing activities and provided that they meet the requirements laid down for this purpose.

5. In default of contribution of the corresponding discharge resulting from the procedures instructed in the framework of Law 9/2007, of June 22, and of this Law, will proceed to the annotation of the real characteristics in the Register of Ships and Companies Shipping and in the Census of the Operational Fishing Fleet. On the basis of that annotation, none of the registrants ' data may be subject to change until their final discharge, with the exception of changes in ownership on the grounds of death or permanent incapacity of the owner, inter-living between first-grade family members who are not holders of another vessel or supporting technical amendments certified by the competent authority of the base port. These vessels may not receive any public aid or be provided as low in any case during their lifetime, at the end of which they shall be scrapped without any subsidy, which shall be recorded in the previous records.

6. However, if after the recording of the actual characteristics referred to in the previous paragraph, the shipowner shall contribute the losses corresponding to the differences between the actual data recorded and the data recorded. In accordance with Article 53.3 of Royal Decree 1549/2009 of 9 October, the restrictive effects set out in the preceding paragraph shall be cancelled.

Article 112. Procedure.

The Ministries of the Environment, and the Rural and Marine Environment and Public Works, consulted by the Autonomous Communities concerned, will establish the administrative procedure for the processing and resolution of the regularization.

Article 113. Effects of regularisation.

Those shipowners or owners of vessels, included in the scope of Article 110 that do not request their regularisation, will be provisionally discharged in the Census of the Operative Fishing Fleet, not being able to carry out fishing activity. "

Additional provision sixth.

Public authorities will promote shared ownership in terms of their presence in the governing bodies of agricultural associations.

Single transient disposition.

Within six months of the publication of the new regulatory provision governing the shared ownership register, existing registrations must be revised to meet the requirements and conditions set out in this Law. Until then, Royal Decree 297/2009 of 6 March on shared ownership in agricultural holdings and Order ARM/2763/2009 of 5 October 2009, which regulates the register of shared ownership of holdings, will remain in force. agricultural.

Final disposition first. Development of the Law.

By the Government and the Ministers of the Environment, and the Rural and Marine Environment, Justice, Economy and Finance, Labor and Immigration and Health, Social Policy and Equality, they will be adopted in the field of their respective powers, the general provisions necessary for the implementation, implementation and development of the provisions of this Law.

Final disposition second. Amendment of Law 19/1995 of 4 July on the modernisation of agricultural holdings.

1. The second subparagraph of Article 2 (1) shall be read as

:

" Also, for the purposes of this Law and the provisions corresponding to the framework for the Special System for Agricultural Own Account Workers included in the Special System of Social Security of the Workers of the Own or Self-employed persons, the direct sale by farmers or farmers of their own production without processing or the first processing thereof, the final product of which is the final product included in Annex I to Article 38 of the Treaty on the Functioning of the European Union, elements which integrate the holding, in municipal markets or in places other than permanent commercial establishments, as well as agricultural activity as a whole involving the management or management of the exploitation. "

2. Article 2 (4) is worded as follows:

" 4. Holder of the holding: the natural person, whether under a single ownership scheme, whether under a shared ownership scheme entered in the relevant register, or the legal person, who exercises the agricultural activity by organising the goods and rights that are members of the holding with business criteria and assuming the civil, social and fiscal risks and responsibilities that may arise from the management of the holding. "

3. Article 2 (5) is worded as follows:

" Professional farmer, the natural person who is the holder of an agricultural holding, at least 50% of his total income is obtained from agricultural activities or other complementary activities, provided that the part of the income directly from the agricultural activity of their holding is not less than 25% of their total income and the volume of employment devoted to agricultural or complementary activities is equal to or greater than half of an Agricultural Work Unit.

For these purposes, the participation and presence of the titular person, as a result of public election, in institutions of a representative character, as well as in representative bodies, shall be considered as complementary activities. of a trade-union, cooperative or professional nature, provided that they are linked to the agricultural sector. The processing of agricultural products and the direct sale of processed products from their holding shall also be considered as complementary activities, provided that it is not the first processing specified in the Article 2 (1), as well as those relating to the conservation of the natural space and the protection of the environment, rural tourism or agrotourism, as well as the small and artisanal businesses carried out on their holding. "

4. Article 4 (1) (d) is worded as follows:

" To be discharged into the Special Regime of Social Security of the Workers for Account Own or Autonomous or, where appropriate, in the Special System for Workers of Own Agricultural Account included in said Regime. Female farmers and professional farmers who are not covered by the previous scheme must comply with the indicative requirements of their agricultural professionalism established for these purposes by the Autonomous Communities. "

5. Article 4 (2) is worded as follows:

" 2. Shared ownership agricultural holdings shall be considered as a priority holding in the terms laid down in the Law on the shared ownership of agricultural holdings. '

6. Article 6 (b) is worded as follows.

" (b) Civil, labour or other commercial corporations which, if they are anonymous, their shares shall be nominative, provided that more than 50 per 100 of the share capital, if they exist, belongs to partners who are farmers professional. These companies shall have as their principal object the exercise of agricultural activity on the holding of which they are the holders. "

Final disposition third. Amendment of Law 18/2007 of 4 July on the integration of the self-employed of the Special Agrarian System of Social Security into the Special Regime for Social Security of Workers Own or Autonomy.

1. New wording is given to Article 2 (2) of Law 18/2007 of 4 July on the integration of the self-employed of the Special Agricultural System of Social Security into the Special Safety Regime Social of Workers for Own or Self-Employed, which is worded as follows:

" 2. For the purposes referred to in point 1 above, agricultural holding shall mean all the goods and rights organized by the holder in the course of the agricultural activity, and which in itself constitutes a technical-economic unit, which may be the holder or holders of the holding shall be the owner of the holding, the tenant, the aparwax, the transferee or the other similar concept, of the farms or material elements of the agricultural holding.

In this respect, agricultural activity is understood as the set of works required for the production of agricultural, livestock and forestry products.

For the purposes of this Law, the direct sale by the farmer or farmer of his own production without transformation or the first transformation of the same, the final product of which is the final product, shall be considered as agricultural activity. listed in Annex I to Article 38 of the Treaty on the Functioning of the European Union, within the elements of the holding, in municipal markets or in places other than permanent commercial establishments, also the agricultural activity as a whole involving the management and management of the exploitation.

The participation and presence of the titular person, as a result of public election, in institutions of a representative character, as well as in organs of representation of the trade union, cooperative or professional, provided that they are linked to the agricultural sector; they will also have the consideration of complementary activities to the activities of processing the products of their exploitation and direct sale of processed products, provided that it is not the first specified in the previous paragraph, as well as those related to the conservation of the natural space and protection of the environment, rural tourism or agrotourism, as well as the kinematics and crafts made on their holding. "

2. New wording is given to the first and second subparagraph of paragraph 1 of the first provision of Law 18/2007 of 4 July, which would be read as follows:

" In the case of persons incorporated in the agricultural activity as from 1 January 2008 who are included in the Special Regime of the Workers for Account or Autonomy through the Special System for Agricultural own-account workers, who are 50 or less years of age at the time of such incorporation and are spouses or descendants of the holder of the agricultural holding, provided that he is discharged from the above mentioned schemes and special schemes, shall apply, on the basis of common cover contingencies mandatory, a reduction equivalent to 30 per 100 of the quota resulting from the application to the corresponding minimum contribution base, the rate of 18.75 per 100.

The reduction of quotas set out in the previous paragraph will last for five years, computed from the date of the obligation to list and will be incompatible with the reduction and bonus for the new workers included in the Special Regime of the Workers for Account Own or Autonomy in the additional 30th of the Text recast of the General Law of Social Security, approved by Royal Legislative Decree 1/1994, of 20 of June. "

Final disposition fourth. Constitutional foundation.

1. Article 1 constitutes a regulation of the basic conditions guaranteeing the equality of all Spaniards in the exercise of the rights and the fulfilment of constitutional duties, in accordance with Article 149.1.1. Constitution.

2. Articles 2.2, 4, 5, 8, 13, 14 and 15 are given in the framework of State competence in the field of civil legal relations relating to the forms of marriage which constitute civil legislation, without prejudice to the conservation, modification and development by the autonomous communities of civil, foral or special rights, where they exist, under the provisions of Article 149.1.8. of the Constitution.

3. Article 9 constitutes legislation on the General Finance and Debt of the State, in accordance with the provisions of Article 149.1.14. of the Constitution.

4. Article 10 and the third final provision constitute basic legislation and the economic system of social security, in accordance with the provisions of Article 149.1.17. of the Constitution.

5. Articles 2.1, 3, 6, 7,11, 12 and the second final provision constitute basic legislation in the field of bases and coordination of the general planning of economic activity, given in accordance with the provisions of Article 149.1.13. Constitution.

6. The first provision constitutes commercial law under the provisions of Article 149.1.6. of the Constitution.

Final disposition fifth. Entry into force.

This Law shall enter into force three months after its publication in the "Official Gazette of the State".

Therefore,

I command all Spaniards, individuals and authorities, to keep and keep this law.

Madrid, 4 October 2011.

JOHN CARLOS R.

The President of the Government,

JOSE LUIS RODRIGUEZ ZAPATERO