In accordance with article 26.2 of the law 50/1997, of 27 november, the government starts a public consultation process through the website of the ministry of industry, commerce and tourism, before drafting of the preliminary draft law on the area of promotion of Economic Initiatives (APIE), in order to obtain the views of subject potentially affected by the future regulation and major organisations about the extremes that will be detailed below:

The possibility of introducing in Spain the model of the area of promotion of Economic Initiatives (APIE), based on theBusiness Improvement Districts(IDB) of the anglo-saxon world, is studied from 2010. This is a formula of collaboration, innovative público-privada addressed privately in an area defined with the approval of local authorities, which allows a wide range of functions related to the promotion of trade and the revitalization of urban centres. Several Autonomous Communities have already begun to move forward in its own regulations, under its powers in the area of internal trade. The ministry of industry, commerce and tourism has now been put in place the possible elaboration of a basic rules that feels state principles applicable to the creation of APIE in the national territory.

As noted in 2010 the panel constituted for that purpose, experience shows that the current voluntary model based on partnerships of traders introduced weaknesses and is not sustainable in the long term.

Por un lado, este modelo se basa en colaboraciones económicas voluntarias que en múltiples ocasiones dan lugar a problemas de “polizón” o “free-rider” and do not respond effectively to new realities of small-scale commerce. The new model proposed in this draft bill, however, carries the secondment of all potential beneficiaries of its actions, ensuring that the contribution of all companies is equitable and proportionate to their benefit, and the pernicious previniéndose of stowaway cases.

Furthermore, the formula of APIE is an effective tool to support the trade in the new context of the twenty-first century, because it contributes to enhancing the competitiveness of small-scale commerce physical vis-à-vis other formats and to trade online, to strengthen the socio-economic fabric and to attract young employment sector and professionalized.

Finally, the adoption of a basic regulation seeks to respond and cross-cutting issue of the possible emergence of autonomous regulations too diverse, introduce additional complexity, and economic operators.

The need for a regulation of APIE derives from the current situation of physical trade in cities and villages in spain. This sector, as well as generating income and jobs, is essential to strengthen our socio-economic fabric, supporting and energize the urban areas, and to boost property of general interest, such as cleaning, maintenance, proper lighting and security in cities. Nevertheless, the sector today faces many challenges in a changing environment, who have been amplified by 2020 from the huge impact of the pandemic activity and employment. It is therefore paramount provide innovative instruments to enable it to recover, adapted to new realities and remain competitive. In this regard, numerous studies indicate to the IDB/APIE format as an effective way to achieve these ends, and the european commission has this as a model of good practice in its practical guide to promote the revitalization and upgrading of small shops (2018).

As for the opportunity to develop a regulation from the secretariat of state for trade, it should be noted that the distribution of competences established by the spanish constitution makes the normative development model to APIE Autonomous Communities, while several have already begun to move forward in the regulation of autonomy. It is therefore considered it advisable to establish from the state level certain basic minimum to facilitate the development and implementation of the institution with a degree of homogeneity.

The objective of this draft bill is to define a common framework at the state that is common ground for the establishment and operation of APIE in Spain. The ultimate goal is to allow the development of an organisational model that fosters modernization and revitalization of the commercial sector.

There is No alternative regulatory as law provides for the financing of the APIES through benefits public property tax not, which calls for their regulation in a rule with the rank of law. The Only alternative to the non-regulation of this matter in a state, and the Autonomous Communities which will enable it to be regulated through a provision of regional in nature.

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