March 10, 2022
Order HFP/168/2022, of March 7, which regulates the operation and structure of the State Register of entities interested in the Strategic Projects for Economic Recovery and Transformation.
This order is issued in exercise of the legal authorization contained in Article 9.4 and in the first additional provision of Royal Decree-Law 36/2020, of December 30, which approves urgent measures for the modernization of the Public Administration and for the execution of the Recovery, Transformation and Resilience Plan.
The purpose of the order is to regulate the structure and operation of the State Register of entities interested in the Strategic Projects for Economic Recovery and Transformation (REPERTE) within the scope of the General State Administration, as well as the necessary procedures for its use by the ministerial departments concerned, as an instrument of registration and certification of the accreditation of the entities interested in the PERTE approved by the Council of Ministers.
The order is structured in 14 articles, two additional provisions, one transitory and two final provisions. Among other things, it will include the objective, subjective scope, access to the Register, which will be public and will be governed by the provisions of Law 19/2013, of December 9, on transparency, access to public information and good governance, the information to be sent by the competent body with respect to each accredited entity to be registered, as well as the competent bodies.
Likewise, the procedure will be carried out in two phases:
- Accreditation, in which the competent ministries in each of the PERTES will be responsible for establishing by regulation the technical, economic and legal conditions required, receiving the applications from the interested parties, evaluating them and agreeing or denying accreditation.
- Registration, in which the responsible ministries will communicate the accreditation resolutions adopted to the General Intervention of the State Administration for the purpose of their registration in the Register.
The REPERTE will include the registration of all entities accredited as interested in a PERTE, public or private, whatever their legal nature, territorial scope, regardless of their form of incorporation, which have been accredited by a ministerial department as entities interested in a PERTE approved by Agreement of the Council of Ministers, in accordance with the procedure established by each one.
Regarding its structure, the registry will be divided into sections corresponding to each of the PERTEs that have been approved by Agreement of the Council of Ministers according to the provisions of Royal Decree-Law 36/2020, of December 30. Each of the sections may, on the one hand, open subdivisions at the project level if different requirements are established for the accreditation of the interested entities and, on the other hand, the entities that have been accredited as interested in the PERTE by the competent ministerial department will be registered.
The REPERTE will perform the following functions :
- To disseminate the administrative acts of accreditation of interested entities of the different ministerial departments responsible for the PERTE.
- Ensure a common data structure for PERTE stakeholders.
- Provide access to the data of accredited entities.
- Certifying the registration of an entity in the Registry as accredited by the Ministry
Finally, the order will become effective on March 11, 2022.