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2.10.1. Transposition Directive

Summary table of the activity
Commitment, initiative and activity Start Fin State

2. Plan to improve and strengthen transparency

2.10. Good practices in the commercial register: improved access to the data collected in the commercial register

2.10.1. Transposition of Directive (EU) 2019/1151 on the digitisation of companies: Public information and request for mandatory reports

01/10/2020

05/31/2021

Finished

State of implementation

The preliminary public consultation on the transposition of Directive (EU) 2019/1151 of the European Parliament and of the Council of 20 June 2019 amending Directive (EU) 2017/1132 as regards the use of digital tools and processes in the field of company law was held in December 2019.

On October 19, 2021, the Council of Ministers approved the Preliminary Draft Law on Digital Efficiency Measures of the Public Justice Service, which transposes into the Spanish legal system Directive (EU) 2019/1151 of the European Parliament and of the Council, of June 20, 2019, amending Directive (EU) 2017/1132 as regards the use of digital tools and processes in the field of company law.

In relation to the aforementioned draft Law on Digital Efficiency Measures of the Public Justice Service, the process of hearing and public information of interested persons and affected sectors has been carried out until November 22, 2021, which has included the publication of the text of the preliminary draft law on the web portal of the Ministry of Justice.

In addition, at the beginning of November 2021, the issuance of the mandatory reports was requested, having received between November 2021 and March 2022 all the requested reports, except the report of the Office of Coordination and Regulatory Quality, which has not been received so far.

Although the Preliminary Draft Law on Digital Efficiency Measures of the Public Service of Justice initially included the transposition into the Spanish legal system of Directive (EU) 2019/1151 of the European Parliament and of the Council, of June 20, 2019, amending Directive (EU) 2017/1132 as regards the use of digital tools and processes in the field of company law, finally the transposition of the aforementioned directive has been separated from the rest of the text for processing as independent standards. Thus, in the Council of Ministers of July 19, 2022, the draft Law on Measures of Digital Efficiency of the Public Service of Justice was approved, without including the aforementioned transposition of the directive.

Once the preliminary draft law transposing Directive 2019/1151 of the European Parliament and of the Council, of June 20, 2019, of the Preliminary Draft Law on Digital Efficiency Measures of the Public Service of Justice was split, the request for an opinion of the Council of State was made pursuant to Article 21.2 of Organic Law 3/1980, of April 22, of the Council of State, the corresponding opinion having been issued by the plenary of the Council of State on September 29, 2022.