In accordance with article 133 of law 39/2015, of 1 october, of Common Administrative Procedure of the public administrations, the present consultation aims to obtain, directly or through their representative organizations, the opinion of the individuals and entities potentially subject the following aspects of the future regulation brought:

The royal decree 571/2023, of 4 july, on foreign investment, has brought about the adequacy of foreign investment with the provisions of Regulation (EU) 2019/452 of the european parliament and of the council of 19 march 2019, for the control of certain types of direct foreign investment in the union, the law 19/2003 of 4 july, on the legal regime of the movement of capital and economic transactions with the outside world, and the “ Framework Definition of Direct Foreign Investment ” of the organization for economic cooperation and development (OECD).

The Royal Decree 571/2023, of 4 july, it envisages the improvement of quality and international comparability of statistics to provide for the updating of the statements of investment to the information given in the royal decree, which incorporates new operations that were not included in royal decree 664/1999, of 23 april, on foreign investment, suppresses the reporting obligation for investments in securities not prescribed for the intention of influencing a controlling and therefore fall within the category of portfolio investment and amends the thresholds of the various declarations statistics.

In order to incorporate developments planned by the Royal Decree 571/2023, of 4 july, it is necessary to update the regime of statements to be submitted to the register of investments.

To put an end to the transitional regime of implementation of certain provisions as contained in the third transitional provision of royal decree 571/2023, of 4 july, and that should remain in force until the development of the rule.

With the new standard models, may be approved investment declaration reflecting the innovations introduced by the royal decree and, accordingly, it can be improved the quality and comparability of statistics.

It is necessary to approve new models of investments before declaration of january 1st 2024 for statistics of 2024 can incorporate developments planned in the royal decree 571/2023, of 4 july, and therefore better quality statistics that can be easily compared to the international level and community levels.

Update the timing and form of statements to be submitted in the registration of investments to the innovations introduced by the Royal Decree 571/2023, of 4 july, before 1 january 2024, so that the statistics of 2024 can reflect the new model introduced, as new forms will not enter into force until the approval of this order, in accordance with the third transitional provision of royal decree 571/2023, of 4 july.

It is proposed a set of regulations with the rank of Ministerial Order in the authorization contained in the final disposition second of the royal decree 571/2023, of 4 july, on foreign investment.

There are No other alternatives or non-regulatory regulatory viable which could lead to effective compliance with the aim of updating information declared in the register of foreign investment, as the matter is regulated in another Ministerial Order, the order of 28 may 2001, which establishes procedures applicable to the statements of foreign investment, and its liquidation, as well as the procedures for the submission of annual reports and files of authorization.