On August 31, the Government approved Royal Decree Law 11/2018 in order to transpose into our internal legal system three European directives that were pending incorporation into Spanish legislation.
The first one, Directive 2014/50 / EU, seeks to strengthen the mobility of workers between EU Member States by improving the acquisition and maintenance of supplementary pension rights. In the transposition to Spanish legislation, however, it has been decided to extend its application to national mobility.
Specifically, this Royal Decree modifies the Law on the Regulation of Pension Plans and Funds. The objective of this rule is to reduce the obstacles to the mobility of workers derived from certain requirements to acquire rights in the complementary pension systems for retirement established in the companies, especially minimum age and age requirements. As well as favoring the consolidation of workers' economic rights in the supplementary pension systems and their maintenance in case of termination of the employment relationship before retirement.
Law 10/2010 on prevention of money laundering and terrorist financing is also amended in order to incorporate Directive (EU) 2015/849.
Thus, the obligation to apply reinforced due diligence measures with respect to those countries listed on the list drawn up by the European Commission is added, the regime applicable to persons with public responsibility is tightened, it is reduced from 15.000 to 10.000 euros the threshold of cash receipts or payments for non-resident natural persons, the maximum penalty limits are increased, also incorporating new rules on advertising and new infringing types, a communication or reporting system for anonymous violations is established and It establishes the obligation to register service providers to companies and trusts.
Finally, Directive (EU) 2016/801 is incorporated, by amending Law 14/2013, supporting entrepreneurs and their internationalization, regarding the entry and residence requirements of nationals of third countries for the purpose of research, studies, internships, volunteering, student exchange programs or educational projects and au pair placement, whose objective, according to the European Council, is to remain an attractive destination for people with talent and ability.
In addition to the transposition of the three directives mentioned, this Royal Decree modifies the seventh final provision of Law 39/2015, of October 1, of the Common Administrative Procedure of Public Administrations, regarding the entry into force of said law. Provisions regarding the electronic registration of powers of attorney, electronic registration, registration of authorized public employees, general electronic access point of the Administration and electronic single file are postponed until October 2, 2020.
Finally, Law 19/2003, of July 4, on the legal regime of capital movements and economic transactions abroad, is modified, extending to a year the maximum period to resolve the procedure and notify the resolution of the files affected by said Law.
