Country Profile: Spain

AuthorNaldini, Andrea; Pompili, Marco; Peruccacci, Eleonora
Pages143-153
143
10.COUN TRY PROFI LE: SPAI N
10.1.Sect ion 1-National r ules for t he evaluation ofSt ate aidschemes
10.1.1.Obligat ion or lack ther eof to evaluat e
In Spain there is an obligation to monitor and assess State aidschemes, butnotto
carry outimpact evaluations of public policiesand State aid, even if this type of
evaluation is becoming a more common practice in recent years, especially for RTDI
and h ealth policy .
The Spanish syst em ofState aidcontr ol is based on an extended management contr ol
approach, which requires financial and output verifications in each granting authority
but does not require the evaluation of the socio-economic impacts of State aid
measures. Consequently, when notdifferently specified in the text, the word
evaluationhas to be intended as monitoring of achieved financial and physical
objectives and not as im pact evalu ation.
In Spain several actors at different territorial levels (state, regional or local) advocate
an d / or p art ici pat e i n e valu at ion pr oces ses, how ev er, t her e “ is no nat ion al com m on lega l
an d a dm ini str at iv e f ram ew or k th at pr om ot es a p ubl ic c ult ur e o f eva lua tio n and im pr ov es
the efficient development of the evaluation of the results of public policies (Genaro
Moy a and Ló pez Hernández, 2019).
In fact, t he Spanish Gov ernm ent’s prior ities are controlling, supervising and assessing
State aidschemes in order to avoid distortions and safeguard the well-functioning of
market s (Callol, Cañadas & Moy a, 2019)130.
In Spain, the legal framework for subsidies/State aidis the basic State law:Law
38/2003, of November 17th, General Law of Subsidies131and its Development
Regulat ion, Royal Decree 887/ 2006, of July 21st. However, apart from this basic St ate
law , the ev alua tio n o f St at e aid , in i ts dif fere nt ph ases, is det erm ine d b y d iffe ren t nor ms
of legal and regulatory rank, as well as the equivalent regional regulations, applicable
in the field s cor responding t o t he Regional Government s.
The General Law of Subsidies (Law 38/2003, of November 17th) establishes, for the
Public Administrations, the obligation to elaborate a strategic plan of subsidies ( PES),
indicating the objectives, effects, terms, estimated costs and funding sources, in
coherence with the objectives of budgetary stability. In fact, every Ministry in Spain
must design a 3-year Strategic State aidPlan (Plan Estr atégico de Su bvenciones, from
no w PES) an d su bm its an ann ual re por t on its im plem en ta tio n. Ther efo re, in Spa in Stat e
aidare organised through these strategic plans, which must be coordinated by other
Administrations, and be consistent with multiannual ministerial programs. The same
app lies to th e regiona l governme nts, as th ey elabor ate an d appr ove strategic su bsidies
plans132.
130Callol, P., Cañadas, M. & Moya, L., (2019).Callol, Coca & Asociados SLP. State aid-S pain.
https://gettingthedealthrough.com/area/67/jurisdiction/21/state-aid-sp ai n/
131General Subsidies Law. Ley General de Subvenciones Ley 38/2013 of November 17th.
https://www.oficinavirtual.pap.hacienda.gob.es/sitios/oficinavirtual/es-
ES/CatalogoSistemasInformacion/TESEOnet/Documents/LGS-consolidado.pdf. In Spanish law the term
"p ublic aid" is defin ed as asynon ym for subsidies ( subvencionesin Spanish) , ev en if subsidy is a broader
conc ept of St ate aid, as st ated in the UE law.
132See for example, the case of the Balearic Islands government,
ht tp :/ / ww w.ca ib.e s/g ove rn/ sac/ fi txa .do ?codi= 3 289 478 &cod uo= 21 8&l ang= e s. In this case, the Balearic
PES speci fies the dura tion of subsid ies, the ir o bject ives and the exp ected effe cts t o ac hieve , t he de adlin es

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