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Order Ecc/1695/2012, Of 27 July, Of Delegation Of Powers.

Original Language Title: Orden ECC/1695/2012, de 27 de julio, de delegaciĆ³n de competencias.

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TEXT

Royal Decree 1823/2011 of 21 December, which restructured the ministerial departments, states that the Ministry of Economy and Competitiveness is responsible for the proposal and implementation of the Government's policy in economic and reform issues for the improvement of competitiveness, scientific research, technological development and innovation in all sectors, commercial policy and support for the company, as well as the rest of the competences and powers which confers on it the legal order.

In development of the above, the Royal Decree 1887/2011, of December 30, establishing the basic organic structure of the ministerial departments, concrete, up to the level of Directorate General, the organs senior managers and managers in which the Ministry of Economy and Competitiveness is structured.

Finally, Royal Decree 345/2012, of 10 February, for which the basic organic structure of the Ministry of Economy and Competitiveness is developed and the Royal Decree 1887/2011, of 30 December, is amended, establishes the basic organic structure of the ministerial departments, determines the higher and managerial organs up to the organic level of Subdirectorate General and defines the competencies of each of these bodies.

Once the organs of the Ministry have been defined, it is appropriate to establish the exercise of their powers, so that in order to improve the provision of services, their management is ordered with the different delegations that are carried out in the Senior members of the Department's senior organs and managers.

With the articulation of the internal system of competences in this Order, an adequate distribution of the workloads is pursued that makes possible an efficient and efficient exercise of the functions according to the the principle of maximum operational management, which will undoubtedly result in the improvement of the quality of the services provided by this Ministry to citizens throughout the national territory.

In accordance with the provisions of Articles 13 and concordant of Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure, and in accordance with the provisions of Articles 12 and 13 and in the additional provision of Law 6/1997 of 14 April 1997, of the Organization and the Functioning of the General Administration of the State, and Article 20 of Law 50/1997 of 27 November of the Government, Available:

CHAPTER I

General provisions

Article 1. Object.

This order is intended to delegate the competences of the Minister of Economy and Competitiveness.

Article 2. Scope of the Delegations.

1. The delegations of powers referred to in this order entail the delegation of all the powers for the full implementation of the administrative procedures necessary to make the main competition effective in terms of specify in the following items.

2. Notwithstanding the foregoing, in no case shall they be understood as falling within the scope of the delegations provided for in that order, the powers relating to powers or matters which cannot be delegated to the law.

CHAPTER II

Delegation of competencies in the Department's scope

Article 3. Delegation of powers in relation to the financial sector.

1. The non-regulatory powers that correspond to the Minister of Economy and Competitiveness under the following provisions are delegated to the holder of the Secretariat of State for Economic Affairs and Support to the Company:

(a) Law of December 31, 1946, of Banking Management.

b) Royal Decree 2290/1977 of 27 August on the regulation of the governing bodies and the functions of the savings banks and their development provisions.

c) Law 13/1985, of 25 May, of Investment Coefficient, Own Resources and Information Obligations of Financial Intermediaries, and their provisions for development.

d) Law 31/1985 of 2 August, regulating the basic rules on Governing Bodies of Savings Banks, and its provisions for development.

e) Law 24/1988, of July 28, of the Securities Market, and its provisions for development.

(f) Law 26/1988 of 29 July on Discipline and Intervention of Credit Entities and their provisions for development.

g) Law 13/1989, of May 26, of Credit Cooperatives, and its development provisions.

(h) Act 19/1992, of July 7, on the Company and Fund for Real Estate Investment and on Mortgage Securitisation Funds, and its development provisions.

i) Law 1/1994 of 11 March on the Legal Regime of Reciprocal Guarantee Societies, and its provisions for development.

(j) Law 3/1994 of 14 April, adapting the Spanish legislation on credit institutions to the Second Banking Coordination Directive, and introducing other amendments relating to the financial system, in matters relating to credit institutions and their development provisions.

(k) Royal Decree 1644/1997 of 31 October 1997 on the rules of administrative authorisation and the solvency requirements of the companies concerned.

l) Recast text of the Law on the Regulation of Pension Plans and Funds, approved by the Royal Legislative Decree 1/2002 of 29 November.

(m) Law 19/2003 of 4 July on the legal regime of capital movements and economic transactions with the outside world.

n) Law 35/2003, dated November 4, of Collective Investment Institutions, and their development provisions.

n) Recast text of the Law on the Management and Supervision of Private Insurance, approved by the Royal Legislative Decree 6/2004, of October 29.

o) Recast text of the Legal Statute of the Insurance Compensation Consortium approved by the Royal Legislative Decree 7/2004, of October 29, regarding the jurisdiction provided for in article 4.3.

p) Law 5/2005, of 22 April, of supervision of financial conglomerates and amending other laws of the financial sector, and its provisions for development.

(q) Law 25/2005 of 24 November, regulating the risk capital entities and their management companies, and their development provisions.

(r) Law 26/2006 of 17 July on the mediation of private insurance and reinsurance in respect of the jurisdiction provided for in Article 59 thereof.

s) Law 16/2009 of 13 November on payment services and their development provisions.

t) Law 21/2011, July 26, electronic money, and its development provisions.

u) Royal Decree-Law 16/2011 of 14 October establishing the Deposit Insurance Fund of Credit Entities, and Royal Decree 2606/1996 of 20 December 1996 on deposit guarantee funds in credit institutions, and its development provisions.

2. The title of the Deputy Secretary of Economy and Competitiveness is delegated to the sanctioning competition provided for in Article 157.5 of the recast text of the Capital Companies Act, approved by the Royal Legislative Decree 1/2010 of 2 July.

3. The holder of the General Secretariat of the Treasury and Financial Policy is delegated the competence to authorize the advances of coinage of coins of legal tender in favor of the National Mint and Timbre-Real Casa de la Moneda destined for to cover the respective production costs referred to in Article 5 of Law 10/1975 of 12 March on the Regulation of Metal Currency.

4. The following powers are delegated to the holder of the General Secretariat of the Treasury and Financial Policy:

(a) The granting and revocation of the status of managing entity, as well as the limitations of the type or volume of transactions as provided for in Articles 5 and 21 of the Order of the Ministry of Economy and Finance, 19 May 1987, which is carried out by Royal Decree 505/1987 of 3 April 1987, which provided for the creation of a system of annotations for the State's debt and for which certain powers are delegated to the Director-General of the Treasury and Financial Policy.

(b) The granting and revocation of the status of account holder in the name of the Central of the Annotations in accordance with the procedure laid down in Articles 2 and 21 of the Order of the Ministry of Economy and Hacienda, of 19 May 1987, as well as the limitations of the type or volume of operations in accordance with the provisions of Article 21 of that same order.

(c) The approval of the specific regime for trading, clearing and settlement of transactions in the account of State Debt organized by the Official Trade Bags in accordance with Article 13 of the Order of the Ministry of Economic Affairs and Finance of 19 May 1987.

(d) The adoption of the measures of suspension of the status of the holder of accounts in the Central of the Annotations or of the Management Entity, or of limitation of the type and volume of the operations that may be carried out by those Entities, in accordance with the provisions of Article 21 of the Order of the Ministry of Economy and Finance of 19 May 1987.

Article 4. Delegation of powers in the field of economic and budgetary management.

1. In the field of economic management, the delegation of powers shall include the delegation of approval and commitment of expenditure, the recognition of obligations and the proposal for the management of payments.

2. The following powers in the field of economic and budgetary management are delegated to

holder of the Sub-Secretariat for Economic and Competitiveness:

(a) The authorisation of the budgetary changes and the proposal to the holder of the Ministry of Finance and Public Administrations of the other budgetary changes relating to the budget of the Department and its public bodies without prejudice to the provisions of the relevant ministerial orders for the establishment of State Debt.

(b) The authorisation, following a favourable report by the holder of the Directorate-General for Budgets, of the allocation to the appropriations for the current year of obligations arising from previous financial years as a result of commitments on expenditure acquired in accordance with the provisions of the budgetary rules.

(c) The economic management of appropriations allocated to budget service 01 of the Department's expenditure budget, with the exception of paragraphs 7, 8 and 9.

(d) The issue of payment orders provided for in Article 24 of Royal Decree 2188/1995 of 28 December 1995 for the development of the internal control system exercised by the General Intervention of the Administration of the State, without prejudice to the provisions of paragraph 5.b) of this Article.

(e) Those relating to the bookings and transfers of funds provided for in Articles 3.2 and 7.1 of Royal Decree 938/2005 of 29 July, laying down rules on the monitoring and accounting application of the funds available on the external services.

3. It is delegated to the holders of the Secretaries of State the powers which, in matters of budgetary implementation, taking into account the material activity of each Secretary of State, may correspond to the holder of the Department.

4. The economic management of the appropriations entered in its budget service is delegated to the holder of the Technical General Secretariat for a limit of between EUR 18,000 and EUR 150 000. In turn, the economic management of the appropriations entered in the budget service of the Technical General Secretariat for a limit of less than EUR 18,000 is delegated, in the material field of its functions, to the members of the Deputy Secretary-General. General Technical, of the General Sub-Directorate of Reporting and Development, of the Subdirectorate-General for Resources, Claims and Relations with the Administration of Justice and the Subdirectorate-General for Studies, Information and Publications.

5. It is delegated to the holder of the Directorate-General for Trade and Investments:

(a) The power to extend the time limits for the submission of supporting accounts of the amounts received by payment orders to justify the functional programme " Trade promotion and internationalisation of the ", in the terms laid down in Article 79 (4) of Law 47/2003 of 26 November, General Budget, as amended by the fifth paragraph of the final provision of the 10th Act of the State Budget, for the year 2009.

(b) The power to authorize, according to Article 24 of Royal Decree 2188/1995 of 28 December 1995, for the development of the internal control system established by the General Intervention of the State Administration, the issuing of payment orders to justify specific to paying cashiers, corresponding to the functional program "Commercial promotion and internationalization of the company", that have pending the surrender, within the prescribed period, accounts of funds previously received on the basis of justification, in those cases exceptional cases where damage to the operation of public services is to be avoided.

6. The economic management of the appropriations in Chapter 1 and the corresponding advances to staff at the service of the Department other than those relating to staff are delegated to the holder of the Subdirectorate-General for Human Resources. for the purposes of the Economic and Commercial Offices abroad, in accordance with the terms of the Order of the Ministry of Economy and Finance of 23 April 1997, establishing the entitlement for the payment of the payroll of the staff employed in the Economic and Commercial Offices of Spain abroad, as well as the authorization, according to the current rules, of the proportional deductions of assets.

7. The economic management of contracts to be concluded in the material field of their duties, in respect of the appropriations entered in the budget service 01, subject to the limit of 90,000, shall be delegated to the holder of the Department of the Official Administration of the Department of the Department of the Official Administration of the Department. euro.

8. The economic management of contracts to be concluded in the material field of their functions, in respect of the appropriations entered in the service, is delegated to the holder of the General Secretariat for Information and Communications Technologies budget 01, with the limit of 90,000 euros.

9. The financial management of the appropriations entered in the budget service 01, subject to the limit of EUR 90,000, shall be delegated to the holder of the Deputy Director-General for Financial Administration and Inspection of Services for any other file. allocated to the bodies referred to in the preceding numbers, as well as the approval of the supporting accounts for the replenishment of fixed-box advances from the budgetary services managed by the paying boxes attached to the General sub-direction, with the same limit.

Article 5. Delegation of powers in the field of grants and other aid.

1. They are delegated to the heads of the Directorates-General of the State Secretaries of the Department and to the holder of the Secretariat, in their respective fields of action, the powers in respect of grants, loans, advances repayable, grants and other aid, including the call for tenders and all the aid granted to it as a grant body, whether in the procedures for granting, managing, justifying and verifying the aid, as in the case of the drawback or sanctioning which may be followed by them.

2. In the field of this delegation the resolution of the requests and the resolution in cases of prescription, waiver of the right, expiration of the procedure or withdrawal of the application, as well as in cases of disappearance of the object of the procedure, of all types of aid and public subsidies.

3. Competition is also delegated to designate instructors in the sanctioning procedures provided for in Article 66.2 of Law 38/2003 of 17 November, General of Grants, or in the bodies referred to in paragraph 1, in the case of of grants to be awarded to the Minister, or in the bodies in which the holders of the Secretaries of State have delegated the competence for the grant of the grant.

4. In the case of grants which are granted directly, the powers of the delegating body relating to the subscription of the relevant convention or the signature of the relevant authority shall be included in the delegation's object. resolution through which these grants are channelled, as provided for in Article 28.1 of Law 38/2003 of 17 November.

Article 6. Delegation of powers in respect of agreements, management tasks, agreements and contracts.

1. The powers of the Minister for Economic Affairs and Competitiveness in the field of cooperation agreements and agreements, including those entrusted with management, are delegated to the following bodies, except in the case of agreements or agreements with Communities. Self-employed persons who are signed by their Presidents or Directors:

(a) In the headlines of the Secretaries of State, in the material field of their duties.

(b) In the holder of the Sub-Secretariat for Economic and Competitiveness, in the case of the subscription of agreements or collaboration agreements that have not been delegated to other bodies of the department or when it affects more than one body, except in the latter case, in the case of an agreement or agreement with an international financial institution.

(c) In the headlines of the Secretaries-General, in the material field of their duties.

d) In the headlines of the Directorates-General, in the material field of their duties.

2. The competences of the Minister of Economy and Competitiveness in the field of procurement, as soon as they are not attributed to the Board of Contracting, are delegated to the following bodies:

(a) In the holder of the Sub-Secretary for Economic and Competitiveness, as soon as they are not delegated to other bodies or when they affect more than one organ of the department.

(b) In the holder of the Technical General Secretariat, in the material field of its functions.

(c) In the holder of the Subdirectorate General of Human Resources, the hiring out of the appropriations for the Social Action Programs, Training, Pension Plans, Insurance, Risk Prevention and Labor Health, which affect the staff of the Department, the amount of which is less than EUR 30,000 of estimated value.

(d) In the holder of the General Staff, the contracting authority, in the field of its functions, the amount of which is less than EUR 30,000 of estimated value.

(e) In the holder of the General Financial Administration Subdirectorate and the Inspection of Services, the contracting authority, in the field of its functions, the amount of which is less than EUR 30,000 of estimated value.

(f) In the holder of the General Information and Communications Technology Subdirectorate, the contracting authority, in the field of its competence, the amount of which is less than EUR 30,000 of estimated value.

3. It is delegated to the holder of the Subsecretariat the jurisdiction to approve the tariffs referred to in article 24.6 of the recast text of the Law on Public Sector Contracts, approved by the Royal Legislative Decree 3/2011 of 14 November, when the public bodies attached to the Department have the consideration of their own resources and technical services of the Ministry of Economy and Competitiveness, as provided for in that law.

Article 7. Delegation of competence in the field of personnel.

1. The holders of the Secretaries of State, the Secretaries-General and the Secretariat are delegated the authorization of the compensation of the expenses they give entitlement to compensation, as set out in Article 8 of Royal Decree 462/2002, of 24 of May, in respect of compensation for the service, of the management staff under the functional dependency of the head of the Department with the rank of Director General or assimilated, who is organically attached to each of them or is related administratively with the Ministry through such organ.

With regard to the Minister and the Director of the Minister's Office, the authorization of the compensation of the expenses that give entitlement to compensation is delegated to the holder of the Secretariat of Economy and Competitiveness.

2. The holders of the Secretaries of State and the holder of the Secretariat are delegated the exercise of disciplinary authority for the imposition of penalties for very serious and serious misconduct by the official and labor personnel of these organs, with the exception of the imposition of the service separation penalty.

3. It is delegated to the heads of the executive organs of the department with a rank of Directorate General or higher the exercise of disciplinary authority for the imposition of penalties for minor faults of the official and labor personnel of the said organs.

4. The following shall be delegated to the holder of the Secretariat of State for Trade in respect of officials assigned to the Economic and Trade Offices at the Foreign Office, to the convening and resolution of the procedures for the provision of the posts; as well as corresponding appointments and appointments.

5. It is delegated to the holders of the Economic and Commercial Offices in the Exterior the competition for the call of the selective processes of the labor personnel abroad, prior authorization of the Subdirectorate General of Human Resources of the Department.

6. The following skills are delegated to the holder of the Deputy Secretary for Economic Affairs and Competitiveness:

(a) The proposal and implementation, in the field of their competences, of the Ministry's employment plans and their autonomous bodies.

b) The proposal of the relations of jobs and catalogue, as well as the modification of the existing ones, of the Ministry and its public bodies.

(c) The call for selective testing of bodies and scales attached to the Department and public bodies, in accordance with the relevant public employment offer, with the exception of paragraph 4.

d) The approval of provisional and final lists of admitted and excluded in the selective processes of bodies and scales attached to the Department.

e) The appointment of officials in the practices of the bodies and scales attached to the Department.

f) The proposal of any modification regarding the bodies and scales attached to the Department.

g) The call for the provision of jobs by the Ministry's free designation and competition systems and their resolution, as well as the removal of the posts obtained by contest.

(h) The call for selective testing for the recruitment of labour personnel of the department and, where appropriate, of its public bodies, with the exception of paragraph 5.

i) The appointment of the members of the commissions for the valuation of job provision competitions.

(j) The appointment and termination of the Directors of the Cabinets of the Secretaries of State, after prior knowledge of the Council of Ministers.

k) The appointment and termination of the holders of the Sub-Directorates-General and posts level 30 of the Secretariat and of the self-employed bodies attached to the Ministry through the Ministry.

l) The appointment and termination of the eventual staff.

m) The resolution of calls for social action grants of an amount equal to or greater than EUR 150 000.

n) The setting of criteria for the assessment of personnel, the approval of the general criteria for the distribution of the Department's productivity complement and the criteria to which the proposals of the Bonuses for extraordinary services.

n) The award of prizes or rewards that, if any, proceed.

or) The determination of the minimum services in the case of strikes affecting the staff of the Department and its self-employed bodies.

p) Other personnel for personnel whose exercise is not delegated to other administrative bodies.

q) The fixing of the annual post-supplement and the maximum annual variable supplement amount to be allocated in the contracts of the top managers and managers of those entities in the state public sector, different from the State-owned companies, under the Ministry of Economy and Competitiveness, on a proposal from the Secretaries of State of affiliation, in accordance with the powers conferred on the Ministry of Education in Article 7 of the Royal Decree 451/2012 of 5 March 2012 regulating the remuneration of the maximum responsible and managers in the business public sector and other entities.

r) The setting and annual assessment of the objectives, the achievement of which conditions the perception of the variable complement of the maximum responsible and managers of those entities of the State public sector, other than the State companies, attached to the Ministry of Economy and Competitiveness, on a proposal from the Secretaries of State of affiliation, according to the competence attributed to the Ministry of Education in Article 7 of Royal Decree 451/2012, of 5 of March.

s) The definition of the criteria and instructions which, prior to the favourable report of the Ministry of Finance and Public Administrations, regulate the hiring of new temporary staff for exceptional cases, foundations and the consortia assigned or tutored by the Ministry, in accordance with the provisions of the additional twenty-fifth provision of Law 2/2012 of 29 June of the General Budget of the State for the year 2012.

7. They are delegated to the Director of the Cabinet of the Minister of Economy and Competitiveness:

(a) The visa of the expenses allowances for escorts and drivers of the Minister referred to in the additional provisions seventh and eighth of Royal Decree 462/2002 of 24 May.

(b) The visa of conformity of the documentary justification of the expenses incurred by the staff who are part of the official delegations chaired by the Minister, in which the Director of his Cabinet participates, for his compensation, when this visa is not entrusted to a commissioner with a rank, at least, of Subdirector General or equivalent.

8. It is delegated to the Directors of the Cabinets of the Secretaries of State, the Secretaries-General and the Deputy Secretary-General, the exercise of the powers referred to in the previous paragraph in relation to the drivers dependent on each organ, as well as with the staff of the official delegations that preside over their headlines.

9. They are delegated to the holder of the Subdirectorate-General for Human Resources:

(a) The resolution of calls for social action grants of less than EUR 150 000 at the Ministry's level.

(b) The appointment and termination of work in the Ministry and its self-employed bodies, derivatives of selective processes and calls for tender for the provision of jobs as soon as they are not delegated to others organs.

Article 8. Delegation of powers in matters of review of administrative acts, patrimonial liability, pre-judicial complaints, execution of judgments and exercise of actions.

1. The following are delegated to the holder of the Deputy Secretary for Economic Affairs and

:

a) The resolution of administrative resources, with the following exceptions:

1.) Resources brought against the acts dictated by the holder of the Secretariat.

2. (a) Replenishment resources standing in the face of acts adopted in the exercise of the delegated powers provided for in Article 5, the resolution of which is delegated to the holder of the Technical General Secretariat.

3. (3) Alzada resources in the face of acts adopted by the President of the Accounting and Audit Institute of Accounts, the resolution of which is delegated to the holder of the Technical General Secretariat.

b) The declaration of lesivity.

c) The resolution of the procedures on patrimonial liability and the remedies against the resolutions of the same. By way of derogation, the powers referred to in Article 14 (3) shall be delegated to the holder of the Technical General Secretariat and to the bodies referred to in Article 14.3 in the case of procedures in which, for the amount of the compensation, no the issuing of an opinion by the Permanent Commission of the State Council is mandatory.

(d) The resolution of the pre-judicial claims, governed by Articles 120 and following of Law 30/1992, of November 26.

e) The resolution of requests made by individuals under Article 29 of the Spanish Constitution.

f) The response to the requirements set out in Article 44 of Law 29/1998 of July 13, Regulatory of the Jurisdiction-Administrative Jurisdiction.

g) The authorization for the exercise of actions of any nature in matters that fall within the jurisdiction of the Ministry and the authorization for the defense in the criminal jurisdiction of public officials in the cases that proceed.

2. They are delegated to the heads of the Secretaries of State, the Secretaries-General and the Undersecretary of Economy and Competitiveness, in their respective fields, to the adoption of the agreements for the execution of judgments of the Courts and Tribunals of the judicial-administrative or civil judicial order, except those relating to personnel, where the acts or provisions which are the subject of appeal shall affect matters or matters of the management centres which they depend on.

3. The following are delegated to the holder of the Subdirectorate-General for Human Resources, the adoption of the agreements for the execution of judgments of the Courts and Courts of the judicial-administrative or labour court in respect of acts and provisions on personnel of the Ministry.

Article 9. Delegation of State Debt powers and endorsements from the General Administration of the State.

1. The powers granted to the Minister by Article 116 of Law 47/2003 of 26 November, General Budget in relation to the formalisation of the guarantees of the State of the Economy, are delegated to the Minister of State for Economic Affairs and Support to the Company. the General Administration of the State.

2. The following powers of the Minister in matters of State Debt are delegated to the holder of the General Secretariat of the Treasury and Financial Policy:

(a) The power to agree, dispose and carry out all expenses, including advertising and promotion, that originates the issuance of debt authorized by the annual ministerial orders that provide for the creation of State Debt, or which may be issued or contracted by virtue of the powers delegated to them, and the relevant authority of employment, irrespective of the amount, without prejudice to the functions corresponding to the Board of Contracting of the Ministry in accordance with the provisions of Order ECC/1446/2012 of 29 June 2012 establishing and regulate the Recruitment Board and the single contracting bureau of the Ministry of Economy and Competitiveness.

b) The powers granted to the Minister by Articles 63.1 and 95 of Law 47/2003 of 26 November, General Budget as regards the appropriations of Section 06 "Public Debt". The Directorate-General for Budgets shall be given the credit modifications authorised in use by this delegation.

(c) The powers granted to the Minister by Articles 94, 98, 99 and 102 of Law 47/2003 of 26 November, as soon as they relate to instruments of State debt in euro and foreign currency, both inside and outside, of the issuance of securities, of the contracting of loans or of other transactions, inter alia, the transactions referred to in Article 100.2 of the same Law, without prejudice to the provisions of Order EHA/2393/2006 of 14 July 2006, regulate the procedures for the coordination of credit lines and other financing operations short term, as well as medium and long-term loans by the Directorate General of the Treasury and Financial Policy. In the case of operations on Treasury Letters and Bonds and State Obligations, it will be as foreseen in Order ECC/41/2012 of 16 January, for which the creation of State Debt is available during the year 2012 and January 2013 and delegated certain powers to the Secretary-General of the Treasury and Financial Policy.

(d) The powers to authorise the concessionaires of national toll motorways to issue bonds and the concertation of loans, as provided for in clauses 32 and 33 of the specification for general clauses for the the granting, conservation and exploitation of motorways under concession, approved by Decree 215/1973 of 25 January.

e) The competence to subscribe, in accordance with the provisions of Article 102.4 of Law 47/2003, of November 26, General Budget, agreements of collaboration with the Management Societies of Collective Investment Institutions, which are in line with the type-agreements listed as Annexes to Order EHA/2688/2006 of 28 July 2006 on collaboration agreements relating to the State Debt Investment Funds, in order to promote the best placement of the State Debt. They are also delegated as many powers as are necessary in order to implement, interpret, extend, denounce or resolve such conventions.

Article 10. Delegation of powers to the proposal and appointment of representatives in various bodies.

1. The following powers are delegated to the holder of the Sub-Secretariat for Economic and Competitiveness, unless the designated or proposed person is:

(a) The proposal or appointment, as appropriate, of representatives of the Ministry of Economy and Competitiveness in collegiate bodies, governing bodies and working groups attached to other ministerial departments or to the entities governed by public law or public bodies linked to them.

(b) The proposal or appointment, as appropriate, of representatives of the Ministry of Economy and Competitiveness in commissions to follow up collaboration, contract and management agreements.

c) The proposal or appointment, as appropriate, of representatives of the Ministry of Economy and Competitiveness in the governing bodies of foundations of the state public sector, of the consortia or of the administrative bodies referred to in Article 27 of Law 49/2002 of 23 December of Tax Regime of Non-profit Entities and of Tax Incentives to Patronage, and of consortia created in relation to cities declared to be a Heritage of the Humanity.

2. The appointment of representatives to the following bodies is delegated to the holder of the Deputy Secretary for Economic Affairs and Competitiveness:

a) Audit of Accounts Audit Committee and Audit of Accounts.

b) Accounting Board of the Accounting and Audit Institute of Accounts.

c) Accounting Advisory Committee of the Accounting and Audit Institute of Accounts.

d) The Single Contracting Table of the Ministry of Economy and Competitiveness and the Contracting Board of the Ministry of Economy and Competitiveness.

3. The powers of appointment, renewal and replacement provided for in Article 6 of Royal Decree 1037/1990 of 27 July 1990 on the composition of the composition of the Office are delegated to the holder of the Vice-Presidency of the High Council for Statistics. Organisation and operation of the High Council of Statistics.

Article 11. Delegation of powers in matters of Chambers of Commerce, Industry and Navigation.

The following competencies are delegated to the holder of the Secretariat of State of Commerce:

a) In relation to the Higher Council of Official Chambers of Commerce, Industry and Shipping:

1. The convocation and chairmanship of your constituent session.

2. The appointment of the President of the Superior Council.

b) The approval of the Cameral Plan for the Promotion of Exports, as well as the establishment of the guidelines necessary for the execution and fulfillment of the actions included in the Plan, in the established terms Article 3 of Law 3/1993, of 22 March, Basic of the Official Chambers of Commerce, Industry and Navigation.

Article 12. Delegation of powers in other matters.

1. It is delegated to the holder of the Secretariat of State for Research, Development and Innovation:

(a) The authorization for the departure of the cultural assets, as well as the members of the documentary and bibliographic heritage in the National Museum of Science and Technology and in the Public Bodies of Research, both for their participation in temporary exposures, and for their necessary maintenance and repair.

b) Accreditation of biomedical research institutes.

2. The following powers are delegated to the holder of the Under-Secretary for Economic and Competitiveness:

a) The approval of the Department's Editorial Program.

b) Approval of the inclusion of publications in the Department's Editorial Program for reasons of need or urgency.

(c) Heritage-related assets, including those relating to public bodies that are dependent on the department.

d) The surrender to the Court of Auditors through the General Intervention of the State Administration, the annual accounts and its annexes, as provided for in Law 47/2003 of 27 November, and its rules of development.

e) The authorization for the exercise of actions of any nature in matters that fall within the competence of the Department and the authorization for the defense in the criminal jurisdiction of public officials in the cases in which proceed.

3. The holder of the Technical General Secretariat is delegated the competence to fix or modify the sales prices to the public of the publications of the Department and the competition to determine the maximum amounts that may be paid to the authors of jobs and collaborations that are included in them.

CHAPTER III

Delegation of competences in the field of public bodies

Article 13. Delegation of powers to the procurement of public bodies.

1. The holder of the Secretariat of State for Research, Development and Innovation, in respect of the public bodies attached to this Secretariat of State, is delegated the authorization to conclude contracts referred to in Article 317.5 of the recast of the Law on Public Sector Contracts, approved by the Royal Legislative Decree 3/2011 of 14 November, when they exceed the limits provided for in the first provision of this order.

2. It is delegated to the holders of the Presidency of the State Agency for Scientific Research (CSIC) and of the Directorates-General of the public bodies attached to the Ministry, the approval of the prices (a) the public regulated in Articles 24 et seq. of Law 8/1989 of 13 April 1989 on Public Fees and Prices, in accordance with the provisions of Article 26.1.b).

Article 14. Delegation of competence in the field of personnel and in the resolution of procedures for the patrimonial responsibility of public bodies.

1. It is delegated to the Directorates-General or Directorates-General of the public bodies attached to the Ministry and to the holder of the National Statistics Institute (INE), in the field of official and labour personnel, the powers following:

(a) The call for coverage of the Subdirectorates General and other free designation staff and their resolution, as well as the appointment and termination of their holders.

(b) Call for and resolution of competitions for the provision of the body's positions, as well as the appointment and termination of the posts.

c) The disciplinary power, in the terms laid down in the specific legislation.

2. The exercise of disciplinary authority is delegated to the holder of the Presidency of the CSIC State Agency.

3. It is also delegated to the Directorates-General or Directorates-General of the public bodies attached to the Ministry and in the headlines of the Presidency of the CSIC State Agency and the INE, the resolution on the procedures of the (a) the liability in respect of which, for the amount of the compensation, the issue of the opinion by the Standing Committee of the Council of State is not required, as well as the decision of the resources which, by way of administrative action, they are brought against acts in accordance with the said delegated competence.

Article 15. Delegation of sanctioning powers in respect of grants awarded by public bodies.

It is delegated to the holders of the Presidency of the State Agency CSIC and the INE and of the Directorates General of the public bodies attached to the Ministry, the competence of the resolution of the procedures sanctioning of grants arising from grants awarded by such bodies, as well as the designation of the instructor of such procedures.

Article 16. Delegation of powers on the declaration that the rights to the results of the research activity can be transmitted to third parties for not being necessary for the defence or better protection of the public interest.

1. It is delegated to the holders of the Presidency of the CSIC State Agency and the Directorates-General of the public research bodies attached to the Ministry of competence to issue the declaration that the rights to the results of the research activity may be transmitted to third parties as they are not necessary for the defence or better protection of the public interest, as provided for in Article 55.1, in conjunction with Articles 53 and 54 of Law No 2/2011 of 4 March 2011, Sustainable Economy.

2. The statement concerning the transfer to third parties of such rights in respect of:

is not included in the subject of the delegation provided for in the previous paragraph:

a) Dual-use products, understood as products, including software and technology that can be used for both civilian and military uses and which include all products that may be used for both non-explosive uses and to assist in the manufacture of nuclear weapons or other explosive nuclear devices.

(b) The technology required for the development, production or use of the above products.

Additional disposition first. Authorization to hire.

For the purposes of article 317.5 of the recast text of the Law on Public Sector Contracts, approved by the Royal Legislative Decree 3/2011 of 14 November, the amount from the amount of the amount from the What is necessary to ask for authorization for your celebration.

Additional provision second. Supply in the exercise of delegated powers.

For the purposes of the exercise of delegated powers provided for in this order, in cases of vacancy, absence or disease, the holders of the delegated bodies shall be supplied in accordance with the order in which they are first mentioned. Royal Decree 345/2012 of 10 February, for which the basic organic structure of the Ministry of Economy and Competitiveness is developed and the Royal Decree 1887/2011, of 30 December, for which the structure is established basic organic of the ministerial departments, as follows:

(a) The holders of the Secretaries of State shall meet each other according to the order of precedence derived from that royal decree.

b) The holders of the Secretariat, the Secretaries-General, the Technical General Secretariat or the Directorates-General shall be supplied by the management bodies which are dependent on each of them, in accordance with the order in which they are they are cited in that royal decree or, where appropriate, in their statute.

c) The holders of the Subdirectorates General shall be supplied by the holders of the Subdirectorates General who are directly dependent on the same higher or managerial body, in accordance with the order in which they appear in that royal decree.

Single repeal provision. Regulatory repeal.

The delegation of powers of the Minister who object to the provisions of this order and, in particular, those contained in the following provisions shall be without effect:

(a) The second provision of the Order of the Ministry of Economy and Finance of 19 May 1987, which is carried out by Royal Decree 505/1987 of 3 April 1987, for the creation of a system of account for the State Debt and for which certain powers are delegated to the Director General of the Treasury and Financial Policy.

b) Order EHA/3923/2004 of 22 October, of delegation of competences in the area of Economics.

(c) Article 1 of Order EHA/2688/2006 of 28 July 2006 on partnership agreements relating to State Debt Investment Funds.

(d) Order EHA/2358/2008 of 31 July 2008 on the delegation of powers in the field of human resources.

e) Order EHA/2359/2008 of 31 July, which delegated powers to various bodies of the Ministry of Economy and Finance.

(f) Order CIN/179/2009 of 8 May, which delegates powers to the holder of the Ministry of Science and Innovation and the delegations of powers of other senior bodies and managers of the Department are approved.

g) Order ITC/371/2011, of 24 February, whereby powers are delegated and the delegations of powers of other senior bodies and managers of the Department are approved.

(h) Order EHA/472/2011 of 28 February 2011 delegating powers to the proposal and appointment of representatives in various bodies.

i) Order ECC/3542/2011, of 27 December, of delegation of powers.

(j) Article 19 of Order ECC/41/2012 of 16 January 2012, which provides for the creation of State Debt during the year 2012 and January 2013 and delegated certain powers to the Secretary-General of the Treasury and Policy Financial.

Single end disposition. Entry into force.

This order will take effect the day following your publication in the "Official State Bulletin".

Madrid, July 27, 2012. -Minister of Economy and Competitiveness, Luis de Guindos Jurado.