A Royal Decree of 10 April 2014 (Official Gazette 29 April 2014) implements the legal provision regarding the transaction in case of infringement of the provisions of the Code of Economic Law and its implementing orders.
The Royal Decree of 10 April 2014 relates to Book XV of the Code of Economic Law ("CEL") concerning "Maintenance of law and order". This Book contains provisions relating to the exercise of supervision, investigation and determination of violations of the Code, as well as provisions on administrative enforcement.
Book XV aims to create transparency and administrative simplification by striving for uniformity in the hitherto disparate investigative powers and penalties. Before, various different economic laws granted control powers to a number of different officials designated for this purpose, provided for specific criminal procedures and prescribed various penalties.
In order to ensure the alignment and simplification of these procedures, the procedures were modified and grouped. In this regard, concerning the determination of infringement of the provisions of the Code of Economic Law and its implementing orders, a unified proposal for payment which, if its amount is paid voluntarily by the offender, terminates the criminal procedure was provided in article XV.61, § 1 CEL.
In implementation of article XV.61, § 1 CEL, the Royal Decree of 10 April 2014 establishes the amounts of payment which the Director-General or the General Advisor of the Directorate-General for Economic Inspection of the Federal Public Service for Economy, SMEs, Self-Employed and Energy may propose to the offender by way of a transaction. Depending on the level of the penalty a particular infringement is subject to, these amounts vary between EUR 26 and EUR 600,000. The Royal Decree of 10 April 2014 also determines the manner and time within such a payment proposal must be made.