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What it is

Bill would align several Spanish laws with EU directives

Amendments step 3 of 7 · Unfinished

It is a government bill. Introduced by the Government. It was introduced on 2 December 2021. Introduced by: Gobierno.

Official title: Government bill on the transposition of European Union directives on covered bonds, cross-border distribution of undertakings for collective investment in transferable securities, open data and the re-use of public sector information, exercise of copyright and related rights applicable to certain online transmissions and to the rebroadcasts of radio and television programmes, temporary exemptions for certain imports and supplies, consumers, and the promotion of clean and energy-efficient road transport vehicles (originating from Royal Decree-Law 24/2021, of 2 November)

Source: Congreso de los Diputados, file 121/000079· updated 11 Nov

Automatic summary, not yet reviewed

  1. The bill would regulate covered bonds, debt securities issued by credit institutions and backed by a pool of assets that guarantees payment to investors. It would distinguish several types, such as mortgage, regional and internationalization cédulas.
  2. Bondholders would have a preferential right over a coverage pool of assets, recorded in a special register, which would survive even if the issuer goes bankrupt. A minimum overcollateralization level and a liquidity buffer for the first 180 days would also be required.
  3. Each covered bond program would need authorization from the Bank of Spain (Banco de España) and a monitoring body overseeing the coverage pool. The Bank of Spain would supervise the programs and the CNMV would supervise their marketing.
  4. The laws on collective investment schemes and venture capital would be amended to make it easier for funds to be marketed in other EU countries without a local physical presence, and the pre-marketing of funds to professional investors would be regulated.
  5. The law on the reuse of public sector information would be reformed: reuse would generally be free, documents would be published in open, machine-readable formats, and public trading companies and research data would be included.
  6. On intellectual property, text and data mining, digital educational use, heritage preservation and Pastiche A work that takes characteristic elements of another work and combines them as its own creation, without confusing or harming the original (for example, memes). would be allowed without authorization. Online content-sharing platforms would have to negotiate licenses with rights holders and remove unauthorized content.
  7. VAT exemptions would be extended to purchases by EU bodies responding to the COVID-19 pandemic, with retroactive effect from January 1, 2021, and the consumer protection sanctioning regime would be strengthened, with fines of up to €1 million and new information duties in online marketplaces.
  8. Minimum percentages of clean and energy-efficient vehicles would be set for public procurement of road transport vehicles and certain services such as waste collection or parcel transport.

Who it affects

  • People with a mortgage and investors in mortgage cédulas: Their securities would move to the new covered bond regime, with stronger guarantees and protection if the issuer fails.
  • Credit institutions and appraisal companies: They would need Bank of Spain authorization for their programs, build coverage pools and comply with a sanctioning regime.
  • Creators, artists and press publishers: They would gain rights to remuneration, transparency and control over the online use of their works and publications.
  • Consumers: They would get more information in online purchases (reviews, rankings, personalized prices) and companies would face higher fines.
  • Public administrations: They would have to publish their information in open, reusable formats and buy a minimum share of clean vehicles.

Words worth knowing

Bono garantizado (covered bond)
A debt security issued by a bank and backed by a pool of assets (for example, mortgages) that guarantees payment to the investor even if the bank goes bankrupt.
Conjunto de cobertura (coverage pool)
A group of assets kept separate from the rest of the bank that serves as exclusive collateral for the covered bonds.
Sobregarantía (overcollateralization)
Extra asset value that must exceed the minimum required to cover the bonds issued.
Minería de textos y datos (text and data mining)
Automated analysis of large amounts of digital text or data to find patterns, trends or conclusions.
Pastiche
A work that takes characteristic elements of another work and combines them as its own creation, without confusing or harming the original (for example, memes).

It summarizes the text as it was introduced. It is written by artificial intelligence and may contain mistakes: the official text is what counts. Read the official text · How we make summaries

Where it stands

How far did it get?

It took 3 of 7 steps. It reached Amendments, and today it is unfinished.

  1. Introduced2 December 2021Someone registers the text in the Congreso.
  2. Admitted14 December 2021The Bureau of the Congreso accepts it and, for a members’ bill, the plenary decides whether to consider it.
  3. Amendments17 December 2021Groups propose changes.
  4. Committeenot reachedA committee goes through the text in detail.
  5. Plenarynot reachedAll 350 deputies vote.
  6. Senatenot reachedThe Senate can pass it, amend it or veto it.
  7. BOEnot reachedIt is published in the Official State Gazette (BOE) and comes into force.
See the 5 official steps on a timeline
Dec 2021Dec 202211. 2 December 2021: Presentación22. 14 December 2021: Comisión de Cultura y Deporte Publicación desde 14/12/2021 hasta 17/12/202133. 14 December 2021: Calificación44. 17 December 2021: Comisión de Cultura y Deporte Enmiendas desde 17/12/2021 hasta 30/05/202355. 30 May 2023: Concluido - (Caducado) desde 30/05/2023 hasta 16/06/2023

3 February 2022

How did the plenary vote?

More votes in favour 332 yes · 0 no · 14 abst.

Voted on: Vote on the request by the Republican Parliamentary Group for the Plenary of the Chamber to take over the deliberation and final vote on the Government bill for the transposition of European Union directives in the matters of covered bonds, cross-border distribution of collective investment undertakings, open data and reuse of public sector information, exercise of copyright and related rights applicable to certain online transmissions and to the retransmissions of radio and television programs, temporary exemptions for certain imports and supplies, consumers, and for the promotion of clean and energy-efficient road transport vehicles (originating from Royal Decree-Law 24/2021, of November 2).

Source: Congreso de los Diputados, vote 28 of sitting 149· updated 10 Nov

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Your province

How did the deputies from your province vote?

And your senators: the Senate does not link its votes to this law in its open data, so we cannot put them side by side here.

Or see how most of each province voted
More details: how each group and each province voted

The groups

Who voted in favour and who against?

In favour, most of Euskal Herria Bildu, Republicano, Socialista, Mixto, Gcup-ec-gc, GPlu, Popular en el Congreso and VOX.

By province: in 52 most voted in favour; in 0, against.

Coloured by how most of each province’s deputies voted.

  • In favour: 52
  • Against: 0
Result by parliamentary group
GroupSeatsHow it voted
Euskal Herria Bildu5
5 in favour
Republicano13
13 in favour
Socialista120
119 in favour · 1 did not vote
Vasco (EAJ-PNV)6
5 abst. · 1 did not vote
Mixto10
9 in favour · 1 did not vote
Ciudadanos9
9 abst.
Gcup-ec-gc34
34 in favour
GPlu12
12 in favour
Popular en el Congreso88
88 in favour
VOX52
52 in favour

What happens next

What happens now?

The legislature ended before it finished. To go on, someone would have to introduce it again in the new Cortes.

It has not been presented again yet.

Sources

Where does all this come from?

  • The data comes from the open files of the Congreso, the Senate and the BOE, unaltered.
  • Each deputy’s province is the one of their seat on the day of the vote.
  • We only say “passed” or “rejected” when the majority needed is certain; otherwise we say which side had more votes.