Three categories for jamón serrano to avoid consumer confusion

SPAIN One of Spain's two greatest exports (in our opinion, the other one being the siesta), jamón serrano, has been the subject of negotiation between the various autonomous regions with an interest in the subject, and various jamón producing organizations, known as sector ibérico ('Iberian sector', after the porcine breed used to produce it). The complex negotiations went on for some eight months, supervised by the central government's Ministry of Agriculture. Among the objectives was to protect the purity of the Iberian pig, to watch over production methods and proper labelling, all of which would avoid confusion among consumers.>>>

Municipal fines for dog fouling

(Photo: TioJimeno)

JIMENA Mayor Guillermo Ruiz recently signed into being a local law whereby irresponsible dog owners (nothing about cats or horses) are to be fined 100.17euros or 200.34euros for allowing the animal to excrete (pooh, that is) in public places. A full translation of the official notice (image) will be available on Monday. In the meantime, please comment below! 
TRANSLATION: According to the Ordinance regarding Possession and Protection of Animals in the Municipality of Jimena de la Frontera, all those who walk domestic animals are obliged to maintain security, health and veterinary measures; said walk must not include grass areas, public gardens, fountains, children's playgrounds, etc. Al excrements must be picked up by the owner, not only from the aforesaid places but also from public sites such as streets and pavements, and deposited in containers for solid urban waste. - Non-compliance of this ordinance could mean a fine of up to €100.17 for a minor offence or €200.34 for a serious one, the Local Police having been given orders to be vigilant in its compliance.

Defining 'cláusula suelo' - what to do about it and getting your money back

Reading the small print

SPAIN The two words have been much in the media recently, not least because the clauses in a mortgage contract have largely been qualified as abusive banking practice by the Supreme Court. Cláusula, of course, means clause; suelo means floor - floor rate clauses, in other words. There is also something called cláusula techo, which means a roof clause, though better understood as ceiling. That's the top and bottom of the definition. But what do they mean, and are there similar clauses in mortgage contracts in other countries? It is sometimes known in English-speaking countries as the base rate clause, but that could be confusing as the translation is used for other unrelated things too. Another possible translation is 'minimum interest rate' - you get the idea. Let's make it simple: When a mortgage contract is signed, a series of conditions are established that will last until the end of the contract - which is of course why we are always told to read the small print, so as to avoid later surprises.>>>

EU to simplify pet travel regulations among member states

EUROPE New legislation on the "non-commercial transport" of pets, already informally agreed with EU ministers, was approved by Parliament last month and press-released last week. Taking pets abroad will be easier, but pet health requirements will be stricter. Online information for pet owners will also be made clearer, though we have been unable to find exactly where as yet. Before taking their pets across borders, owners should check that their anti-rabies vaccinations are still valid. Young animals between 12 and 16 weeks that have been vaccinated against rabies - but have yet to achieve immunity - should still be allowed to travel. "There are 64 million cats and 66 million dogs in the EU. One household in four has a pet. In future, travelling across borders with pets will involve far less administrative hassle. We have eased the rules, and this should have a direct impact on citizens" said rapporteur Horst Schnellhardt (EPP, DE) after his resolution was adopted by 592 votes to 7 with 4 abstentions. The legislation will be applicable 18 months after it is published in the EU Official Journal.>>>

Another Spanish law ignored: employment for the disabled

(Illustration only)

SPAIN The Spanish Constitution says that there should be equality of opportunity among all Spaniards. And the Law of Integration of the Disabled of 1982 supposedly obliges businesses with 50 or more employees to employ people with some disability at a minimum of 2% of its payroll, classified as such. However, organizations defending the rights of the disabled say that this is very far from the reality, which is becoming increasingly noticeable during the present financial crisis and its inevitable cutbacks. They say that the list of businesses ignoring Article 38 of the Law has grown immeasurably>>>

New coast law could open up old wounds

El Algarrobico, one of the worst
coastal excesses ever

MADRID A draft law is about to be approved by the Government could make it easier for developers to continue the destruction of the Spanish coastline. Ironically called the Law for Protection and Sustainable Use of the Coast (Ley de Protección y Uso Sostenible de las Costas, or Ley de Costas for short, thus confusing it with its 1988 predecessor), the few kilometers of coastline that remain unspoilt are in imminent danger of development. As we reported here, an 80-metre strip that runs parallel to the beaches and has sometimes remained pristine (or at least unbuilt) is likely to be reduced to a mere 20. This would allow large tracts of coastline to be rezoned for residential construction. According to El País, "The ammendments to the Coast Law have been introduced quietly. At present, properties built on protected areas prior to 1988 are subject to numerous rules and regulations, and their owners cannot make any changes to them. Federico Ramos, Secretary of State for the Environment, says he doesn't know how many properties will be left unprotected." The changes were debated in the Senate on April 23, and now comes up in Council, probably as soon as next Friday, for final approval.>>>

Buildings over 40 will have to undergo inspection

Old building in Algeciras
(Illustration only)

ALGECIRAS In a piece of legislation that might be expected in other towns and cities in response to regional or national law (Royal Law Decree 8/2011 of July 1), Algeciras is about to order that buildings of 40 years or more must undergo technical inspections to ensure that conditions of safety, sanitation, accessibility and ornamentation are adequate. This applies to all kinds of buildings, from blocks of flats to townhouses and single-family homes. Initial approval of the municipal regulation has been done, and it is now in the public allegation stage until May 22, after which it and the obligation of owners will be in effect.>>>

Online shopping draft law in line with EU directive

MADRID Following the EU directive on the subject of 'distance shopping' (the Spanish bureaucratese term for online shopping), Spain is preparing a draft law aimed at protecting the consumer. Among the most significant items included is that the customer must always know the final price of a product or service bought online. In fact, the draft regulates so-called 'abusive clauses' and reinforces guarantees on online contracts or transactions, which parallels the EU directive on consumer rights and updates existing law. Therefore, contracts must be 'fully comprehensible', according to Government spokeswoman Soraya Sáenz de Santamaría, who announced the approval of the law at a recent Council of Ministers. The ministerial approval now goes through the parliamentary procedures before it comes into effect. Online customers must 'confirm their awareness of all aspects of the contract' as well as of the final price they must pay. Importantly, particularly when purchasing such services as broad band, mobile phone services or airline tickets, the customer must receive the 'terms and conditions' in writing, on paper. Businesses may not add any extra costs by default but the customer may choose to request and pay for additional products or services.

Spain's new gambling laws are 'impossible to implement'

MADRID If you win at bingo, or are hit with zillions by one of the several lotteries, you have to report it to the tax authorities. You might not get away with not doing so with the latter, but the bingo winnings -and the vast majority of smaller lottery winnings, including 'money returns', scratch cards and the occasional few euros- are much easier to evade paying taxes on. One report says "You just rip up any receipts and throw them away." Under the new laws on gambling, it is also theoretically possible to ask for a receipt for losses that then become tax deductible against any winnings. (A more detailed article will soon be available on SpainInformer.com)

Health Ministry plans law to prevent alcohol consumption by minors

'Botellona' mass drinking, Spain
(Illustration only)

SPAIN Health Minister Ana Mato announced recently that her ministry is preparing a law aimed at lowering alcohol use by the under-aged. Among other measures, the draft bill seeks to ban advertising aimed 'directly or indirectly' at minors. "We're going to clarify the limits available to alcoholic beverage advertising, eliminating ads and campaigns directed at the under age population, as well as advertising that is uploaded to media that has no age control," said the minister in answer to a parliamentary question. The draft of a so-called Ley de Prevención del Consumo de Bebidas Alcohólicas en Menores de Edad y sus Efectos (Prevention of Consumption of Alcohol by Minors and its Effects) will also increase control on and sanctions against establishments selling alcohol to minors. This will include closer control of discotheques, which allow under-18s access and thus to drink.>>>

Two of every ten over-55s will lose unemployment benefits when changes come into effect

The government has decreed that total household not individual income is to be applied in assessment

MADRID Employment Minister Fátima Báñez admitted last week that 80% of over-55s in Spain will have no problem with receiving unemployment benefits when the new income requirements come into effect later this year. It is the other 20% that is worrying much of the media, not to mention unions and other social agencies. These potential beneficiaries are likely to remain beyond the requirements of the new norms as these come into effect. Regulations stipulate that household income must be taken into account as a whole, rather than those of the individual. (A more detailed article on this subject will soon be available at SpainInformer.com)

New draft laws on speed limits, radar detectors, seat belts and children in cars

(Illustration only)

SPAIN Further to our item about the Government's plans to up the top speed limit to 130 kph, there are several changes that we didn't have time to write about. These include speed limits on secondary roads, (which are puzzlingly related to the road width - see below for details), as well as a total ban on radar detectors, new rules on seat-belt use and new restrictions on children in cars. As for radar detectors, the last government (PSOE) banned the use of radar inhibitors, appliances that interfered with radar signals from speed detectors so that the traps couldn't capture speeding vehicles. But the door was left open for car-mounted radar detectors that warn drivers of a nearby speed traps. That door is now closed.>>>

Macaques go ape with big bangs

GIBRALTAR If you have been near the areas of Bastion or Laguna lately, you may well have been startled - not to say stunned - by loud bangs. No need for alarm, says Government. In the knowledge that noise is a good deterrent, this is the practical part of a new initiative from the Department of the Environment, with the support of the Royal Gibraltar Police, the Gibraltar Veterinary Clinic and the Gibraltar Ornithological and Natural History Society, aimed not only at raising awareness of the consequences of feeding the apes, but also, of getting them to go back up the Rock rather than populate the town centre and outlying estates. The bangs are scheduled for the next two weeks in different areas of Gibraltar. However, the initiative by Environment is to last>>>

New truancy regulations came into effect on February 21

"... and then, what?"

Fines range from €60 to €3,000

CÁDIZ (Province) New regulations on truancy came into force in the province when it was published in the province's official bulletin (BOP) a week ago (when CampoPulse was still 'removed' by Godgle). The salient part of it makes parents liable to fines for allowing their children to be absent from school. These can range from €60 to €750 for leve (light) infringements, from €650 to €1,500 for grave (serious) ones, and from €1,501 to €3,000 for muy graves (very serious). Among the leves is not registering the child for school, not trying to get him/her to school or not acting on suggestions or requirements of social services. The other, more serious fines are based on recurrence. Nevertheless, and although the new rules don't regulate it as such, the text does mention that before any official files (expedientes) are opened, a series of actions should take place, including social work and community involvement aimed at a solution to the problem.

Can you just hand over a property to a bank because you can’t pay the mortgage?

SPAIN / ANDALUCÍA The short answer is: no, not quite, but things are getting better. One of the reasons for tightening the law is that banks have always benefited more from mortgages than the individual borrower have (with the obvious exception of the actual acquisition of a property, which may rise in value, or not). In the heady days of free-for-all mortgages (never free, and never for all), when hipotecas (mortgages) were given out to individuals at 110 or 120 per cent of the (over)estimated value of the property, it was in fact the developers, builders and sometimes private individuals who obtained vast benefits thanks to what the Organización Profesional de Inspectores de Hacienda del Estado (IHE, or State Tax Inspectors Professional Organization, a sort of union) called IVA (VAT) fraud. The fraud, or tax evasion, consisted not only of evading the payment of VAT required for transferring a property, but also its deduction taken later by banks. (A more detailed article on this subject will soon be available from SpainInformer.com)

How much can you pay in cash?

SPAIN When the subject was first mooted, cash payments of over €2,500 when one or more of the parties to a transaction is a professional (dentist, doctor, lawyer, etc.), self-employed or representing a business, is now forbidden by law. The idea is to do away with an underground economy that pervades the country and detracts from its income. The part of the new anti-tax evasion law that now comes fully into effect in fact began on October 31, 2012,  but this section was delayed mainly in order to allow small businesses to adapt to it. The maximum amount of cash as part of a transaction allowed to non-residents is €15,000 because the Government does not want to interfere in the tourism business. (A more detailed article on this subject will soon be available on SpainInformer.com)

Sephardic Jews to be given automatic Spanish citizenship; Muslims complain

Where did they go?

MADRID Ancestors of today's Sephardic Jews were thrown out of Spain together with the Muslim Moors, by the Christian Monarchs Ferdinand and Isabella in 1492. Until recently, they have had to have been residing in Spain for two years and prove financial sufficiency to get Spanish nationality. Now they are being allowed to obtain automatic citizenship if they can produce a certificate confirming their descendancy. The move does not apply, though, to the descendants of Jews who ostensibly converted to Christianity to escape the persecution that went on for the better part of the 16th century, called Conversos. The new law says that these must convert 'back' to Judaism to qualify. There are calculated to be some 45,000 people of Sephardic origin in Spain at present. The Muslim community, however (a full article on this subject will soon be available on SpainInformer.com)

Are there any defaulting owners in your homeowners association?

(Image: fortuneaskannie.com)

SPAIN It is a constant problem with urbanizations all over the country. It applies, too, to buildings in large cities as well as on the coasts, and even to smaller communal entities in remote villages. In Spanish, they are morosos (‘doubtful debtor’ in one dictionary, but you get the drift); in English, they have defaulted on their homeowners association payments. And it is one of the most difficult debts to recover. To make matters worse, a convergence of circumstances, including fluctuating exchange rates, the financial crisis and so many properties in legal limbo, means that the association payments that makes things run often present red numbers that cause considerable concern. Not to mention anger from those who do pay. But there are ways to recover the debt, although to do so can be expensive and take quite a lot of time. A debate about its viability will probably be in order at the next meeting. (A fuller article on this subject, and a step-by-step guide, will soon be available on SpainInformer.com)

Expat drivers must now undergo medical examination

SPAIN EU Directive 2012/126 came into effect on January 19. It means that expat drivers in Spain under 65 will have to take a medical examination every ten years; for those over 65, the medical is every five years. The examination consists of computer-based sight, hearing and coordination driving simulation tests. (UK license holders must report their residence in Spain to the DVLA and still be able to declare their UK address as their permanent residence. This is defined by the directive as the place a person lives for at least 185 days in a year.) (A more detailed article on this subject will soon be available on SpainInformer.com)

Marriage by notary

Couples would be obliged to register the financial arrangements at the Registry 

MADRID The government is working on a draft law that will allow couples to be married by Notaries, who will charge for it. The proposed update to the laws regarding the Registro Civil (Civil Registry) would also oblige couples to register any financial agreements reached before the marriage, as well as 'any pacts, resolutions or other legal obligations that would affect it.' At present, financial information is required according to each region's laws (e.g. in Madrid such declarations are based on capital gains, while in Barcelona, the basis is according to regulation on pre-nuptial financial agreements (separación de bienes)), but the new law would equalize the subject nationally. (More detailed information will soon be available on SpainInformer.com.)