The Royal Decree 1226/2010, of October 1, for which the basic organic structure of the Ministry of Industry, Tourism and Commerce is developed determines the executive organs of the department up to the organic level of general sub-direction.

This royal decree introduces the amendments to the aforementioned Royal Decree 1226/2010 of October 1. On the one hand, it modifies the organic dependence of the General Energy Planning and Monitoring Subdirectorate, which is no longer directly dependent on the Secretary of State for Energy and becomes dependent on the Directorate General for Energy Policy and Mines.

Since the approval of Royal Decree 1226/2010, of October 1, there have been various events that make it advisable to modify it in the field of the Secretary of State of Energy. Of particular importance has been the recent adoption of Law 2/2011 of 4 March on Sustainable Economy, in which energy planning becomes very important, as it establishes the obligation to approve a planning document. indicative, which will establish a model of energy generation and distribution in line with the principles of security of supply, economic efficiency and environmental sustainability, as well as an annual monitoring of compliance with the measures set by the document.

The situation of the General Energy Planning Subdirectorate and Follow up on the same organizational structure of other sub-addresses directly involved in such planning, such as the Power Subdirection and Hydrocarbons, shall promote coordination and work among these units for the execution of the planning according to the principles cited, as well as its annual monitoring according to the new requirements established by the Law of Economics Sustainable.

In addition, this new structure will improve coordination in the monitoring of national energy statistics, favoring the two-way flow of this information with the rest of the Directorate's dependent sub-addresses. General Energy Policy and Mines, thus improving the effectiveness and efficiency of the Secretariat of State.

On the other hand, as far as state companies are concerned, National Enterprise Innovation, S.A. (ENISA), and Compañía Española de Reafientículo, S.A. (CERSA), which act as instrumental entities in the policies of small and medium-sized enterprises, is carried out in this royal decree a small modification of article 12.9 of Royal Decree 1226/2010, of October 1, which gives them to the General Secretary of Industry through the General Directorate of Small and Medium-sized Enterprises.

The mention of the role of the societies ENISA and CERSA in the service of the department was collected in the Royal Decree 1182/2008, of July 11, which recognized as competence of the above mentioned Directorate General the development of the actions aimed at facilitating access to the financing of SMEs, either directly or implemented through the CERSA and ENISA companies.

In order to better clarify the position of both state capital companies in terms of their membership of the Ministry, and taking into consideration the recent changes in ENISA by the absorption of the State Company for the Development of Design and Innovation (DDI) attached to the Ministry of Science and Innovation, the wording of Article 12 is amended to better align it with the terminology of Law 33/2003, of 3 November, of the Patrimony of the Administrations Public. Without prejudice to the traditional linking of both companies to the General Secretariat of Industry through the Directorate General of Small and Medium-sized Enterprises, the function of guardianship on the state societies that is attributed by the Government to In the terminology of that Law, the companies governed by Article 166.2, which are those of capital in their entirety directly or indirectly, would only be responsible for their jurisdiction in the terminology of that law. General administration of the State or its public bodies. This is given in ENISA but not in CERSA which has a small percentage of capital outside the State, which advises the adaptation of the terminology used in Article 12 (9) of Royal Decree 1226/2010, of 1 October, to This is defined in Law 33/2003 of 3 November.

Finally, this royal decree amends Articles 4.3 and 5 of Royal Decree 1226/2010 of October 1, concerning the structure of the Secretariat of State of Telecommunications and the Information Society, of which It was up to the Directorate General for Telecommunications and Information Technologies.

This amendment is justified in that the actions that the Secretary of State for Telecommunications and the Information Society in the field of radio spectrum are planning to carry out, advise to group under the Directorate-General itself to all the sub-directorates-general which, directly or indirectly, are related to this subject, in order to ensure the greatest efficiency and rationality in the exercise of their functions.

The processing of this royal decree has been carried out in accordance with the provisions of article 67.1 (a) of Law 6/1997, of 14 April, of the Organization and the Functioning of the General Administration of the State, which determines that the organisation of the Ministries will be determined by Royal Decree of the Council of Ministers, at the initiative of the Minister or Ministers concerned and on the proposal of the Minister of Public Administrations, in the assumptions of creation, modification, recast or deletion of Subsecretariats, General Secretaries, Technical Secretariats, Directorates-General, Subdirectorates-General and Assimilated Organs.

In its virtue, at the initiative of the Minister of Industry, Tourism and Commerce, on the proposal of the Third Vice President of the Government and Minister of Territorial Policy and Public Administration and after deliberation of the Council of Ministers in their meeting of the day of 29 July 2011,

DISPONGO:

Single article. Modification of Royal Decree 1226/2010, of October 1, for which the basic organic structure of the Ministry of Industry, Tourism and Commerce is developed.

Royal Decree 1226/2010, of October 1, for which the basic organic structure of the Ministry of Industry, Tourism and Trade is developed is modified in the following terms:

One. Article 4.3 is worded as follows:

" 3. They are also directly dependent on the Secretary of State for Telecommunications and the Information Society on the following bodies with an organic level of Subdirección General:

(a) The Cabinet, as an immediate assistance body to the Secretary of State, with the structure set out in Article 16.3 of Royal Decree 1366/2010 of 29 October, approving the basic organic structure of the the ministerial departments.

(b) The Subdirectorate-General of International Telecommunications and Information Society Organizations, which is responsible for the exercise of the functions of study, proposal and coordination of participation in organizations International telecommunications, audiovisual media and the information society.

(c) The Subdirectorate-General for the Promotion of the Information Society, to which the following functions are carried out:

1. The development and management of programmes and actions to promote the access, use and participation of citizens in the information society and to facilitate the availability and accessibility of information technologies and communications, especially for citizens with specific needs.

2. The development and management of programmes for the development of information society services, as well as the development of databases on information society services and electronic communications.

3. The development and management of programs for the development of digital public services and for the development of knowledge centers and digital content.

4. The development, management and monitoring of programmes to promote the use of telecommunications and the services of the Information Society, and in particular of the electronic business, in small and medium-sized enterprises, and for the development of the telecommunications and the information society, corresponding to European structural funds.

5. The development, management and monitoring of programmes aimed at the promotion of the supply of new technologies, services, applications and contents as well as the strategic actions of technological innovation in the field information, communications and the Information Society. The definition and coordinated management of this policy with the corresponding programmes and initiatives of the European Union and other international programmes in this field.

6. The development and management of initiatives to support the creation and development of enterprises in the fields of information and communications technologies and of digital content and the design of conditions that favour the The establishment in Spain of companies from the information and communications technology sectors and digital content. The development, management and monitoring of training programmes for professionals and users of information and communications technologies, as well as for electronic business professionals, including the promotion of new systems of online learning and digital content for training.

7. The preparation of studies, statistics and proposals for action in the fields of information and communications technologies and digital content, in the field of information security and in the audiovisual media, and the corresponding to the National Telecommunications Observatory and the Information Society in coordination and without prejudice to the competences of the Studies Unit of the Ministry of Industry, Tourism and Trade.

(d) The General Subdirectorate of Services of the Information Society, to which the exercise of the following functions corresponds:

1. The proposal for a regulation in collaboration with other departments on the services of the information society and its providers, and in particular on electronic commerce, electronic signatures, Internet domain names, reuse of the information on the public sector and protection of intellectual and industrial property in the field of the information society, and accompanying measures for the implementation of that legislation.

2. The exercise of the powers of control and inspection in accordance with the law on the services of the information society and on electronic signatures. The application of the sanctioning regime and the instruction of the sanctioning procedures in accordance with the law on the services of the information society and on electronic signatures.

3. Communication with the professional and industrial sectors on the regulation of the services of the information society and electronic signatures and their providers. Assistance to Commissions, Working Groups and other international or national forums of a public or private nature, dealing with matters relating to the services sector of the information society and electronic signatures.

(e) The General Subdirectorate for the Coordination and Implementation of Programmes, which is the exercise of the following functions:

1. The economic and budgetary management of expenditure and revenue corresponding to the budget appropriations of the Secretariat of State for Telecommunications and the Information Society, and in particular the management of the telecommunications, in accordance with the provisions of the existing legislation. The application of the system of penalties for public aid and subsidies.

2. Coordination of the management and monitoring of the implementation of programmes and actions for the development of the information society. Support for the definition and implementation of programmes, conventions and other initiatives to promote the access, use and participation of citizens, businesses and bodies to the information society and electronic communications.

(f) The General Subdirectorate of Audiovisual Media, to which the exercise of the following functions corresponds:

1. The monitoring and control of the operators of the audiovisual media and the processing of their enabling titles, in the field of competencies of the General Administration of the State.

2. The exercise of the powers of control and inspection in the audiovisual media in relation to the rules on social media. The instruction of the sanctioning procedures in the audiovisual media.

3. Communication with the professional and industrial sectors of production and dissemination in the field of audiovisual media.

4. The exercise of the necessary actions to facilitate the control by the Inter-Ministerial Commission of Monitoring of the fulfilment of the obligation of advance financing of European production provided for in Article 5.3 of Law 7/2010, March 31, General Audiovisual Communication. "

Two. Article 5 shall have the following

:

" Article 5. Directorate-General for Telecommunications and Information Technologies.

1. It is for the Directorate-General for Telecommunications and Information Technology to exercise the following functions:

a) Ordination, promotion and development of telecommunications infrastructures and services.

b) Elaboration of regulations regarding the management and regulation of the sector, in coordination with the Technical General Secretariat of the Department.

c) The development of proposals for standardisation and coordination of internal management procedures and the monitoring and monitoring of their implementation, without prejudice to the competences of other departments of the Department.

d) The elaboration of technical regulations concerning the regulation of broadcasting and television systems, whatever their technical support.

e) The issuance of technical reports on telecommunications that correspond to the Secretariat of State.

(f) Monitoring and monitoring compliance with public service obligations, as well as the remaining obligations imposed on telecommunications operators in the field of networks and services.

g) The elaboration and proposal for the revision and extension of the services that are included in the universal service, and in the other public service obligations, as well as the levels of quality of their services and the others parameters and indicators of those.

h) The scheduling of network numbering and routing resources and the resource of Internet domains related to the provision of telecommunications services.

i) Assistance to the Ministry of Economy and Finance in terms of the prices of telecommunications services and in the assessment of the costs of the providers of telecommunications services.

j) The study and the proposal of actions concerning the conditions of interconnection of networks and access to networks.

k) The development and management of information society infrastructure development programmes.

l) The proposal for the planning, management and administration of the radio public domain, as well as the granting of the enabling titles for their use.

m) The development of projects and the development of national technical broadcasting and television plans.

n) Managing the allocation of resources orbit spectrum.

(n) the technical verification of radio emissions for the control and monitoring of the use of radio-electric public domain, and in particular for the identification, location and elimination of harmful interference, infringements, irregularities and disturbances of radio communication systems.

or) The handling of the matters related to the rights of occupation provided for in Law 32/2003, of 3 November, General of Telecommunications.

p) The designation of notified bodies for telecommunications equipment and the testing of compliance with the technical specifications of telecommunications equipment and apparatus, the functions related to their conformity assessment and other actions resulting from the placing on the market of telecommunications equipment and apparatus, including surveillance on the markets as provided for in Law 32/2003 of 3 November, General Telecommunications.

q) The conduct of studies and proposals for technical standards for telecommunications equipment and installations, as well as the monitoring and publication of interfaces for access to public networks and interfaces regulated, and actions resulting from the information procedure in accordance with Directive 98 /34/EC as amended by Directive 98 /48/EC.

r) The proposal and follow-up of actions in the field of common telecommunications infrastructures and the management of the registry of telecommunications installers.

s) The control and inspection of telecommunications and additional charging services, as well as the application of the sanctioning regime in the field and the coordination of peripheral services dependent on the Secretary of State for control, inspection and sanctioning regime.

t) The resolution of disputes between operators and end users of telecommunications, as well as information and attention to the telecommunications user. The processing of matters relating to the rights of the end users of telecommunications services provided for in Law 32/2003, of 3 November, General Telecommunications, and its development regulations.

(u) The monitoring of the general conditions of recruitment which operators apply to the end users of telecommunications services, as well as the processing of the dossiers for their approval in the the assumptions in which the regulations on the protection of telecommunications users so provide.

v) The exercise of actions relating to telecommunications services for national defense, as provided for in Article 4 of Law 32/2003 of 3 November, General Telecommunications.

(w) The exercise of the actions relating to telecommunications services for public security and civil protection, as provided for in Article 4 of Law 32/2003 of 3 November, General Telecommunications, in coordination with the Ministry of the Interior and, where appropriate, with the bodies responsible for the autonomous communities with competence in the field.

x) Other than the legal order attributed to the Department and not specifically assigned to other organs related to telecommunications networks, infrastructures and services.

2. The Directorate-General for Telecommunications and Information Technologies is structured in the following sub-directions:

(a) The Directorate-General for Telecommunications Management, which shall exercise the functions conferred on the Directorate-General for Telecommunications and Information Technologies in paragraphs (a), (b), (c) and (d), and in the the scope of paragraph (e) of paragraph 1.

(b) The General Subdirectorate of Telecommunications Operators, which shall exercise the functions conferred on the Directorate-General for Telecommunications and Information Technologies in paragraphs (f), (g), (h), (i), (j) and (k), as well as in the the scope of paragraph (e) of paragraph 1.

(c) The General Subdirectorate for Radio Spectrum Planning and Management, which shall exercise the functions conferred on the Directorate-General for Telecommunications and Information Technology in paragraphs 1), (m), (n) and (n) of the paragraph 1.

(d) The General Subdirectorate for Infrastructure and Technical Regulations, which shall exercise the functions assigned to the Directorate-General for Telecommunications and Information Technologies in paragraphs (o), (p), (q) and (r) of paragraph 1.

(e) The Subdirectorate-General for Inspection and Attention to the User, who shall exercise the functions assigned to the Directorate-General for Telecommunications and Information Technologies in paragraph 1 (s), (t) and (u).

3. The Directorate-General for Telecommunications and Information Technologies are dependent on the Provincial Telecommunications Inspection Headquarters. "

Three. Paragraphs (c), (d), (e), (o), (q), (r), (s) and (t) of Article 6 (1) become the paragraphs (o), (p), (q), (r), (s), (t), (u) and (v) of Article 7 (1) with the same content.

Four. Article 6 (3) (b) is repealed.

Five. A new subparagraph is added to Article 7 (2), which shall be worded as follows:

" (e) The General Energy Planning and Monitoring Subdirectorate, which shall carry out the duties referred to in paragraphs (o), (p), (q), (r), (s), (t), (u) and (v) of paragraph 1 and those in the field of renewable energy, rational use of energy and energy efficiency. "

Six. Article 12 (9) is amended as follows:

" 9. They shall be linked to the performance of the functions of the General Secretariat of Industry, through the Directorate-General for Small and Medium-sized Enterprises, the state companies ENISA and CERSA. In relation to ENISA, it will be up to the General Secretariat of Industry, through the Directorate General for Small and Medium Enterprises Policy, to exercise the functions of guardianship as provided for in Articles 169.d and 176 of the Law. 33/2003, of 3 November, of the Heritage of Public Administrations. In relation to CERSA, the monitoring of its activity and the formulation of proposals and initiatives to facilitate the financing of Small and Medium Enterprises will correspond to the General Secretariat of Industry, through the Directorate General of Small and Medium Enterprise Policy. The Chair of the two companies will be the head of the Directorate-General for Small and Medium-sized Enterprises. "

Single additional disposition. No increase in public expense.

The application of the forecasts of this royal decree, as well as the implementation of the measures provided for in it, will not imply an increase in public expenditure.

Single Repeal Disposition. Regulatory Repeal.

How many provisions of equal or lower rank are repealed in what is contradicted or opposed to the provisions of this royal decree.

First Disposition first. Faculty of development.

The Minister of Industry, Tourism and Trade is authorized to take the necessary measures for the development and implementation of this royal decree.

Final Disposition second. Entry into effect.

This royal decree will enter into force on the day following its publication in the "Official State Gazette".

Given in Madrid, July 29, 2011.

JOHN CARLOS R.

The Vice President of the Government of Territorial Policy and Minister of Territorial Policy and Public Administration,

MANUEL CHAVES GONZALEZ