On January 25, 2013 the Council of Ministers approved the Bill for the Guarantee of Market Unity (hereinafter, “the Bill”), whose purpose is to bring about market unity throughout national territory.
The aim of such regulation is to stimulate competition and the investment of economic operators undertaking activities in Spain, facilitating the use of economies of scale as well as the scope of the market by means of free access, exercise and the expansion of economic activities.
Without prejudice to any amendments that such text may withstand in its parliamentary process, the following are the main issues regulated therein
In the first place, the principle of effectiveness will be guaranteed throughout national territory, recognizing the right of the operator that has legally established himself in a location within Spanish territory to exercise his economic activity throughout the territory without having to request additional authorization, providing he fulfills the requirements for access to the activity in the place of origin.
This precept does not include any authorizations, statements of responsibility and communications linked to one specific installation or physical infrastructure.
The supervision of the economic activity of the operators, when the authority is non-State, will be distributed among the authorities of origin and destination, with the former having competence for the supervision of compliance with the requirements for access to the economic activity and the latter for the supervision and control of the exercise of the economic activity.
To this respect, if the authority of destination, as a result of the control performed, detects the breach of the requirements for access to the activity of operators or production standards, or product requirements, it should notify this to the authority of origin, which will be competent to adopt any appropriate measures, including any disciplinary measures that may correspond.
For the purpose of attaining a single market, the creation of a single electronic database is sought for all Public Administrations containing common data in the various registries relative to economic operators, establishments and installations, as necessary for the exercise of the authorities attributed on supervision and control to the competent authorities.
In addition the Single Market Council will be created as the board of administrative cooperation and supervision and impetus for the effective application of the single market measures, presided over by the Minister of Finance and Public Administrations, with the presence of the Secretary of State of the Economy and Business Support, the Undersecretary of the Office of the Prime Minister and with the representation of competent members from the Autonomous Regions.
Lastly, as a mechanism for protection of economic operators, a new claim procedure through administrative channels is envisaged, as well as a dual channel for direct contentiousadministrative appeal via the future National Markets and Competition Commission.