15 mar 2017
Regulation in Spain

The number of new regulations approved decreased in 2016

The main cause was the continuance of the caretaker Government

CEOE’s report, “The drafting of regulation in 2016” points out that the number of new state regulations of various scopes approved in 2016 was 436, a decrease of 50.7% over the 884 regulations adopted in 2015.

The regulatory production in Spain in 2016
The regulatory production in Spain in 2016 — ©CEOE

The report, which gives continuity to those prepared in 2015 and 2016, indicates that this significant decline has been conditioned by the extension of the period in which there was a caretaker Government, from December 2015 to November 2016.

It also points out that, between 1970 and 2016, a total of 41,336 state regulations have been approved, which means that companies are faced with a very high level of regulation that generates a dense and complex regulatory framework. This leads to distortions in the market and a high level of administrative burdens.

With regards to the number of BOE pages (the Official State Bulletin), last year a total of 171,905 pages were published, which represents a of 2.6% decrease in comparison with the 176,497 pages published in 2015. With regards to regulations that have a Law status and were approved at regional level, and are included in the actual BOE, they amounted to 245 in 2016, resulting in a decrease of 19.4% over the ones adopted in 2015.

The volume of pages published by the autonomous communities in their respective Official Bulletins reached 723,915 pages last year, a 7.8% decrease in comparison to the pages published in 2015. Overall, the number of pages published by the State and Regional Official Bulletins amounted to 895,820 last year.

Business proposals

The report adds a number of specific proposals to improve the legislative process, among which it is worth noting the following: to request the National Statistics Institute (INE) to collect data on companies directly from the public registries to which it has access, instead of imposing, once again, the obligation on said companies, which is a waste of time and money and exposes companies to possible sanctions. It also asks for the creation of an entrepreneur’s portfolio, which would help in the processing of the different procedures between companies and the Public Administrations.

Likewise, entrepreneurs request a wider implementation of the electronic transmission of documents’ system- network; the electronic processing of applications for the exemption from the tax on capital transfer and documented legal acts and the simplification of the corporate income tax.

Furthermore, they insist on replacing the subcontracting book for an electronic book system; the electronic processing of labour inspection procedures or the simplification of the electronic certificates’ application and renewal processing.

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