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Legal tip 945.NEW! Decree on aids for Electrical vehicles in Spain
Tuesday, May 14, 2013 @ 12:15 PM

Summary of the Royal Decree 294/2013, about subsidies for the acquisition of electrical vehicles in 2013


The Royal Decree 294/2013, 26  April, by which it is regulated the direct grant of subventions for the acquisition of electrical vehicles in 2013 (BOE  27  April 2013) in the setting of the comprehensive Strategy for the impulse of the electric vehicle in Spain 2013-2014 has as its aim to facilitate and promote the development of the electric mobility because of its contribution to the improvement of the transport sector, to an improvement of the energy efficiency, to an environmental improvement and a less dependence of oil products.

Vehicles to which it affects: It is understood as new electric vehicles those which propulsion energy comes, totally or partially, from the electricity of their batteries, charged by the electric network. The motor bikes of the categories of the vehicles that can receive a subsidy are excluded because it exists a bigger offer that contributes to get the foreseen environmental and energy efficiency improvements, with competitive costs.

Who can ask for the subsidy: individuals, independent workers and private businesses

Amount of the aids: It is established a fix quantity for light quadricycles L6e and heavy quadricycles L7e, whereas for the rest of vehicles the amount of the helps is fixed according to its autonomy.

It is suppressed the increase of the help in case of acquisition by the same person of more than a vehicle.

System of administration of the aids: It will be done directly between the petitioner and the Ministry of Industry, Energy and Tourism through the General Management of Industry and the PYME, if it doesn´t exist any collaborating entity. The payment of the help will be done directly to the beneficiary once the competent authority has decided the grant. And it is still possible to register records for vehicles pending to be registered.

It is applied to these helps what it is written in article 22.2 c) of the General Law of Subsidies 38/2003, 17 November, regarding the helps in direct grant regime, being this Royal Decree a continuation or extension of the Royal Decree 648/ 2011, 9 May, by which it is regulated the direct grant of subventions for the acquisition of electric vehicles during 2011, in the setting of the Action Plan 2010-2012 of the Comprehensive Plan to Impulse the Electric Vehicle in Spain 2010-2014. 

Structure of the rule: It has 14 articles and two final Orders.


Article 1- Object and field of application of this Royal Decree:
 
It establishes that the helps will be given to the acquisitions of new electric vehicles and operations of financing by financial leasing and hiring by renting or operative leasing of these vehicles as long as the contract has a minimum length of two years, when those acquisitions and operations are done since the 1st  of January 2013 and the applications are registered in the electronic system of administration of the subsidy since the opening of the system until the 31th of October  2013 in the case of registered vehicles or 31th of August for vehicles pending to be registered, or until the termination of the funds if this circumstance happened before.


Article 2: Beneficiaries of these helps: 
 
a) independent workers, who will have to be registered in the Economic Activities Tax (IAE)

b) individuals resident in Spain not included in paragraph a)

c) private businesses, legally constituted in Spain in the moment of presenting the application, and with a legal nature that makes that his Tax Identity Code (CIF) begins with  the letters A, B, C, D, F, N or W.

In the case of acquisitions or financial leasing the beneficiary is the holder of the registration registered in the database of the General Management of Traffic.


Article 3: Items that can be subsidized

Article 4: Individual quantities of the aids, depending on the vehicle to get and its autonomy functioning exclusively as an electric vehicle


Article 5:  Regime of granting and financing these subsidies.


Article 6:It commands that the competent authority to order and hear the proceedings of grating will be the General Management of Industry and of the PYME  and to decide the Minister of Industry, Energy and Tourism, without prejudice to the valid delegations in the matter.

Article 7:It points out that the administration of the helps will be done by the General Management of Industry and of the PYME by an electronic administration system, with the guarantees required by the Law 11/2007, 22  June, about electronic access of the citizens to the Public Services, and the rest of the rules that regulate the electronic Administration.

Article 8: It is included the period to present the applications, establishing that for vehicles got since the 1st of January 2013 it will be since the opening of the electronic administration system until the 31st of October 2013, both dates included, or until the termination of the funds written in article 5, paragraph 2 of this Royal Decree, if this happens before. In the case of vehicles pending to be registered, the deadline will be the 31st of August, or at the termination of the funds written in article 5 paragraph 2 of this royal decree, if this happens before.


Article 9: It regulates the formalization and presentation of these applicants.

Article 10: It speaks about the decision and payment of the helps. 

Article 11: Monitoring and control of them 

Article 12: Their compatibility

Articles 13 and 14, respectively, on the publicity and legal regime of the subventions.


Entry into force: This Royal Decree came into force the 28th of April 2013, the day after its publication in the Official Bulletin of the State.
 
 
Esta tarde en Punta Umbría
 
"Esta tarde en Punta Umbría", Huelva, South-west of Spain, by pericoterrades, at flickr.com


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