We are constantly working to improve the site, and to add more laws to our database. If you are receiving value from using our site please consider signing up for a subscription to support the site and to get many additional benefits for you.
Key Benefits:
(You can close this ad by clicking anywhere on the page.)
Key Benefits:
Royal Decree 358/1991, of 15 March, for which the National Organization of the Spanish Blind is reordered, orders the actions of the National Organization of the Blind Spanish (ONCE) as Corporation of Public Law, of social character and private associative base, which is for the purpose of general interest in favour of its members and which develops its activity under the supervision and control of the State.
In order to achieve these goals, the ONCE, which was established and has consolidated itself as an organized and specialized response in the social field as a social service provider for the protection of its members, has been established. finances, mainly, through the resources obtained in the exploitation of the game modalities of the scope of the lotteries reserve established in its favor by the additional provision of Law 13/2011, of 27 May, of Regulation of the Game, authorized by the State in accordance with the provisions of the second provision of This law, as well as in the additional provision of Law 5/2011 of 29 March 2011, of the Social Economy, and in the additional provision of the twentieth of Law 46/1985 of 27 December 1986, of the General Budget of the State for 1986, as amended by the Additional provision, fourth, of Law 55/1999, of December 29, of fiscal, administrative and social order measures, the terms of which are specified in the General Agreement between the Government of the Nation and the ONCE in force at any time.
By Agreement of the Council of Ministers of 18 December 2015, a partial revision of the General Agreement between the Government of the Nation and the ONCE on cooperation, solidarity and competitiveness has been approved for the The future stability of the ONCE for the period 2012-2021, which was approved by the Council of Ministers on 18 November 2011, and whose review continues and strengthens, along the same lines as that maintained by previous General Agreements and regulations, the achievement of the primary objective of ensuring the institutional and financial stability of the ONCE to allow it to continue to develop with solvency the important social work that characterizes it and to deepen cooperation with the Public Administrations in the development of social policies.
In this new context, the essential purpose of this royal decree is to adapt the regulation contained in Royal Decree 358/1991, of March 15, to the specific modifications of the General Agreement in force between the Government of the Nation and ONCE approved by the Council of Ministers on 18 December 2015.
First, in view of the evolution of the ONCE and the current context of the gambling market, this royal decree aims to continue to meet the main objectives of the General Agreement between the Government of The Nation and the ONCE for the period 2012-2021 exposed in its clauses 1 and 2, which are not other than the endowment to the ONCE of commercial tools in the lotteries of which it is incumbent that generate sufficient resources to finance its important social work in favour of blind people with serious visual impairment and a commitment to solidarity with other groups of persons with disabilities. For this reason, the ONCE is being credited with new tools and mechanisms of greater commercial flexibility that will allow it to face the current challenges in the Spanish market and to generate favorable conditions for its gradual process of internationalization.
Second, the precise adjustments are made to Royal Decree 358/1991 of 15 March, to update its content and bring it into line with the provisions laid down in the Statutes of the ONCE, as well as the revised clause 10 of the General Agreement in force, in order to promote the process of corporate, organizational and operational reordering of Corporación Empresarial ONCE, S.A. (CEOSA) and Fundosa Grupo, S.A. (currently Grupo Ilunion, S.L.) in a unique Enterprise Group of the ONCE and its Foundation to streamline and optimize its operation, to provide it with a unified organizational structure societarily under the same unique social brand, and thus, providing instruments of greater efficiency and competitiveness to ensure their financial robustness and the achievement of the social objectives of job creation for people with disabilities, while maintaining the same criteria and mechanisms as control and supervision by the Protectorate Council.
Finally, the present royal decree updates the regulation of certain aspects of the products of the lottery mode called "Instant Lottery of the ONCE", of which the Entity is the holder, so that introduces a final provision to give new wording to Article 3 (3) of Royal Decree 1336/2005 of 11 November authorising the National Organisation of the Blind Spanish to exploit an instant lottery or presorted.
In the light of the above considerations, with a favourable report from the ONCE Protectorate Council and heard by the General Council of the Entity, it is necessary to make some changes to the text of the Royal Decree 358/1991 of 15 March.
In its virtue, on the proposal of the Minister of Health, Social Services and Equality, and after deliberation by the Council of Ministers at its meeting on 18 December 2015,
DISPONGO:
Single item. Amendment of the Royal Decree 358/1991, of 15 March for which the National Organization of the Spanish Blind is reordered.
One. Article 4 (4) (p) and (q) shall be worded as follows:
" p) Nominate the persons who will be proposed to carry out the positions of maximum executive responsibility in the Business Group of the ONCE and its Foundation, in the ONCE Foundation and, where appropriate, in those other persons the legal basis for which the ONCE has a strong corporate or institutional link.
It shall also appoint the representatives of the ONCE in the administrative bodies of the entities referred to in the preceding paragraph. "
" q) Know the annual accounts and audits of the Business Group of the ONCE and its Foundation, of the ONCE Foundation and, where appropriate, of the legal persons with whom the ONCE has a strong societary link or institutional.
The General Council should also receive sufficient and adequate information from the Business Group of the ONCE and its Foundation and the ONCE Foundation in the field of strategic planning, annual action plans, budgets annual, investment, settlement of budgets and any other material of great relevance. To this end, the General Council shall articulate appropriate procedures or mechanisms for coordination, supervision and control. "
Two. The first and second subparagraphs of Article 7 (5) shall be worded as follows:
" 5. The General Council of the ONCE may, after verification by the Council of Protectorate, conclude agreements with other gaming operators entitled to operate in countries of the European Economic Area relating to the simultaneous marketing or common lottery products.
The General Council of the ONCE may also, after verification by the Council of Protectorate, conclude agreements for the simultaneous or joint marketing of common lottery products with operators entitled to such products. European countries which have applied for their entry into the European Union and on which there is a favourable statement by the Council, in accordance with Article 49 of the Treaty on European Union, and with enabled gambling operators to operate in other countries, with the scope to be determined in the General Agreement between the Government of the Nation and ONCE. "
Three. Article 8 (3) (e), (f), (i) and (k) shall be worded as follows:
" (e) To be informed, during the month of December of the previous year, of the regular budgets of the Organization, and at the time, of the modifications thereto, as well as of the extraordinary budgets when they occur.
These budgets will contain the Great Measures of the Business Group of the ONCE and its Foundation, as well as the criteria and amounts of the economic flows between the ONCE and the Business Group. "
" (f) At the same time as the presentation and information of the annual accounts of the organization, be informed by the General Council about the mechanisms and procedures adopted to exercise control over the Business Group the ONCE and its Foundation, in order to ensure that it meets adequately the business and social objectives assigned to it by the ONCE. "
" (i) To be informed, within six months of the end of the financial year, on the individual and consolidated annual accounts of the ONCE, on the settlement of the ONCE budget and on the accounts Consolidated annual report of the Business Group of the ONCE and its Foundation. "
" k) Know and analyze the audit reports on the annual accounts of the ONCE and the Business Group of the ONCE and its Foundation that will be carried out annually and that will be commissioned by that to an audit firm independent.
The content and scope of the above audits will be determined by Law 22/2015, July 20, Audit of Accounts, and development regulations.
The Board of Protectorate shall also, in the performance of its duties, determine the conduct of audits by independent audit firm for the purposes that it determines in the field of its powers. "
Additional disposition first. Amendment of the Statutes of the ONCE.
Within three months of the entry into force of this royal decree, the General Council of the ONCE will forward to the Council of Protectorate the appropriate proposal to amend the Statutes of the ONCE so that, in the three months following receipt of the proposal, approve any amendments that are necessary. The Statutes, duly approved, will be published in the "Official Gazette of the State".
Additional provision second. Updating of control and monitoring procedures and criteria.
Within the maximum period of three months from the entry into force of this royal decree, the ONCE Protectorate Council shall approve the updating of the control and supervision procedures and criteria to which the referred to in Article 7 (5) of Royal Decree 358/1991 of 15 March 1991.
Final disposition first. Amendment of Royal Decree 1336/2005 of 11 November authorizing the Spanish National Blind Organization to exploit an instant or presorted lottery.
Article 3 (3) of Royal Decree 1336/2005 is amended on 11 November, authorising the National Organization of the Blind of Spain to exploit an instant or presorted lottery, which will have to be the following wording:
" 3. The programme of each issue shall provide for an amount for prizes which shall not be less than 45 per cent and not more than 80 per cent of the value of the issue. '
Final disposition second. Entry into force.
This royal decree will enter into force on the day following its publication in the "Official State Gazette".
Given in Madrid, on December 18, 2015.
FELIPE R.
The Minister of Health, Social Services and Equality,
ALFONSO ALONSO ARANEGUI
