The CNMC has reviewed the regulations establishing the Productivity Council of Spain and amending the State SME Council, introducing the State Observatory of Private Default (IPN/CNMC/011/24 and IPN/CNMC/012/24).

The first decree creates and regulates the Productivity Council of Spain, while the second decree establishes and regulates the State Observatory of Private Default. The latter includes the obligation to prepare an annual report on payment terms and default situations, with CNMC representation. This report will be approved by the State SME Council, whose functions and composition are also modified.

The CNMC appreciates these actions, foreseeing increased awareness of productivity's importance and corrective measures for commercial default issues affecting SME growth. However, the CNMC offers recommendations in its report:

- Ensure the functions of the Productivity Council, State SME Council, and State Observatory of Private Default align with CNMC competencies under its regulatory framework.

- Propose CNMC participation in the Productivity and State SME Councils as a non-voting member with advisory status.

- Reevaluate CNMC's involvement in the State Observatory of Private Default to broaden its scope beyond the annual report.

- Regarding the annual list of defaulting companies, recommendations include preventing discriminatory situations, limiting administrative discretion in evaluating operators' claims, and avoiding unfair competitive advantages through preferential access to managed information.

The CNMC can act in an advisory capacity, consulting legislative chambers, government bodies, professional associations, and more, as per the Law on the CNMC's creation. Related content includes press releases and draft laws on business creation and growth.