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Royal Decree 1226 / 2010, On 1 October, Whereby The Basic Organizational Structure Of The Ministry Of Industry, Tourism And Trade Develops.

Original Language Title: Real Decreto 1226/2010, de 1 de octubre, por el que se desarrolla la estructura orgánica básica del Ministerio de Industria, Turismo y Comercio.

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TEXT

The Agreement of the Council of Ministers of April 30 decided to proceed in the field of the General Administration of the State to the modification of the norms that determine the organic structure of the ministerial departments, with the objective of achieving maximum efficiency and rationality in the action of the General Administration of the State, in the framework of the austerity plan for public expenditure and the restructuring plan of the General Administration of the State.

Subsequently Royal Decree 929/2010, of July 23, has amended Royal Decree 542/2009, of 7 April, for which the ministerial departments are restructured, removing some higher organs of the Ministry of Industry, Tourism and Trade.

Also, Royal Decree 940/2010, of July 23, has amended Royal Decree 495/2010, of April 30, which approved the basic organic structure of the ministerial departments. This last Royal Decree had carried out a comprehensive restructuring of the ministerial departments, including the abolition of the Directorate General for the Information Society of the Ministry of Industry, Tourism and Trade.

In view of these precedents, and for the most effective, austerity and rationality in the exercise of their competences in the current economic and social context, the reorganization of the current organic structure should be undertaken The Ministry of Industry, Tourism and Trade, by determining the governing bodies and units that make up the Ministry of Industry, Tourism and Trade.

In general, the new structure of the Ministry intends to obtain a greater capacity for analysis and definition of the policies that integrate the different sectoral areas of the MITYC, the strengthening of communication and with citizens to increase the information, transparency and continuous improvement of the quality of the Ministry's services and the continuity of policies to increase efficiency in the provision of services, entrenching austerity in public expenditure, and the determined commitment to the implementation of the Electronic Administration; and the administrative burden reduction processes in which the Ministry is already working intensively.

The structure of the Ministry of Industry, Tourism and Trade wants to adapt as effectively as possible to the fulfillment of the objectives that have been entrusted to it, mainly aimed at carrying out the actions. necessary for the modernization of the Spanish production system, in order to give it greater efficiency, competitiveness and productivity in the medium and long term, in collaboration with public and private agents. To this end, it must have a structure to enable political decisions and administrative management to be implemented as efficiently as possible with the ultimate aim of obtaining the greatest satisfaction of the citizens and of the general interest.

The organic structure proposed in this Royal Decree has also sought to meet the objectives of providing greater agility and coordination to the development of tourism and commercial policy, in order to improve our (a) competitiveness, to promote stable employment in these sectors, and to obtain greater coordination and participation by the private sector in trade and tourism support instruments. Special relevance for the proper management of the products and tourist destinations acquires the coordination of the tourist activities with the commercial activities in the territory and especially with the field of the commercial distribution. It is for this reason that the creation of the new General Secretariat for Tourism and Internal Trade has been deemed appropriate, which will allow for better coordination with the main public administrations competent in these matters, in addition to to harmonise both policies, promoting the competitiveness of these two strategic sectors of our economy.

The internationalization of companies is a key policy in the current context of economic globalization. The new Secretariat of State for Foreign Trade has as its main objective to improve the definition, development and implementation of the State's foreign trade policy, to promote investments and foreign transactions, and to coordinate The promotion activities in these areas correspond to the General Administration of the State, thus improving our trade balance. To this end, it is given a more specialized and flexible organization in the face of the challenges that these objectives demand, and especially in the framework of the European Union where the mechanisms for the unification of criteria and the coordination of the actions for the evaluation, control and development of trade policies with the design and implementation of trade policy both in the bilateral and multilateral framework with the countries of the Union.

The restructuring of the Ministry's common services is aimed at advancing the improvement of the quality and efficiency of the services, in the productivity of the resources that the Department has at its disposal, and in the best relationship with the citizen through the empowerment of the Electronic Administration as well as the reduction of administrative burdens.

In its virtue, at the initiative of the Minister for Industry, Tourism and Trade, on a proposal from the Vice-President First and Minister of the Presidency and after deliberation by the Council of Ministers at its meeting on 1 October 2010,

DISPONGO:

Article 1. General organization of the Department.

1. The Ministry of Industry, Tourism and Trade is the Department of the General Administration of the State responsible for the proposal and implementation of the Government's policy on industrial development, commercial policy, energy, small and medium-sized enterprises, tourism, telecommunications and the information society.

2. The powers conferred on this Royal Decree shall be understood in coordination and without prejudice to those corresponding to other ministerial departments.

3. It is also up to the Minister of Industry, Tourism and Trade to propose to the Government of the Spanish position in the international field in the areas of the Department.

4. They are higher bodies of the Ministry of Industry, Tourism and Trade:

a) The Secretary of State for Foreign Trade.

b) The Secretary of State for Telecommunications and the Information Society.

c) The Secretary of State for Energy.

5. The following management bodies are directly dependent on the head of the Department:

a) The Undersecretary for Industry, Tourism and Trade.

b) The General Secretariat of Industry, with the rank of Sub-Secretariat.

c) The General Secretariat for Tourism and Internal Trade, with the rank of Undersecretary.

6. Also, as an immediate support body to the Minister of Industry, Tourism and Trade, the Cabinet, whose Director holds the rank of Director-General, is directly dependent on the structure set out in Article 18.2 of Royal Decree 495/2010, of 30 April.

7. It is directly dependent on the Department holder, with the level of the General Subdirectorate, the Studies Unit of the Ministry of Industry, Tourism and Commerce.

It will be competition from the Studies Unit of the Ministry of Industry, Tourism and Commerce:

(a) The study and conduct of analysis on the structure, evolution and foresight of the economic sectors of the Ministry in its various components and in particular of competitiveness.

b) The monitoring and analysis of the indicators of the competition sectors of the Ministry of Industry, Tourism and Trade, and the carrying out of periodic reports.

c) The coordination and impetus of all the Department's own statistics in coordination with the National Statistics Institute and in particular those included in the National Statistical Plan.

d) The development of statistics relating to: markets investment and industrial conjuncture as well as production of transport and construction materials, conjuncture of export and foreign and foreign investments in Spain, prices in the commercial distribution sector, perishable and consumer products.

e) The monitoring and analysis of statistics produced by other administrations and agencies, public or private, national or international in all sectors of the Department's competence.

f) The promotion and conduct of studies of general interest for the Department as well as the coordination of sectoral studies in the field of competence of the Ministry.

g) The coordination of sectoral Observatories in particular the National Telecommunications Observatory and the Information Society and the Retail Price Observatory. The Director of the Unit shall also be the Permanent Secretary-General of the Internationalisation Observatory. The direction and coordination of the scientific and technical committees of the official publications of the Department.

Of this Unit will depend on the following units with the organic level to be determined in the relation of jobs: the Division of Foreign Trade, the Division of Tourism and Internal Trade and the Division of Industry, Energy and Telecommunications.

Article 2. State Secretary for Foreign Trade.

1. The Secretariat of State of Foreign Trade, under the top leadership of the Minister of Industry, Tourism and Trade, will carry out as many actions as necessary for the definition, development and execution of the foreign trade policy of the State, as well as those relating to external trade including intra-Community trade, external investment and external transactions, and to the promotion activities which fall within the scope of the General Administration of the State.

2. The Directorate-General for Trade and Investment is directly dependent on the Secretariat of State for Foreign Trade.

3. The following bodies are also directly dependent on the Secretary of State for Foreign Trade at the level of Subdirectorate-General:

(a) The Cabinet, as an immediate assistance body to the Secretary of State, with the structure set out in Article 18.3 of Royal Decree 495/2010 of 30 April, approving the basic organic structure of the Ministerial departments.

b) The General Foreign Trade Subdirectorate of Defense Material and Double Use, which shall exercise the following functions:

The preparation and implementation of the agreements of the Inter-Ministerial Board of Foreign Trade in Defense Material and Double Use.

The development, implementation and monitoring of national legislation on the external trade in defence equipment and on Community legislation related to exports of dual-use products and technologies.

The participation in the negotiation of the technical and commercial aspects resulting from agreements signed within the European Union and in the international forums for control and non-proliferation.

(c) The Subdirectorate-General for Territorial and Media Coordination, which shall perform the following functions:

The financial and technical management of the Network of Territorial and Provincial Directorates of Foreign Trade, its management and technical inspection, the evaluation of its operation, organization and performance, as well as the development and development of how many actions to improve this network, without prejudice to the powers conferred on other departments of the Department.

The coordination of the Network of Territorial and Provincial Foreign Trade Directorates.

The performance of the Technical Secretariats of the collegiate and interterritorial cooperation bodies in relation to the internationalization of the company dependent on the Secretariat of State of Foreign Trade, representing in addition to the Directorates and Territorial and Provincial Foreign Trade.

The guardianship, in coordination with the Spanish Institute of Foreign Trade, on the activities related to the internationalization of the Chambers of Commerce, Industry and Navigation and of the Superior Council of Chambers.

Assistance to the Secretariat of State for the management of information systems, without prejudice to the powers conferred on other governing bodies of the Department.

4. It is attached to the Ministry of Industry, Tourism and Trade, through the Secretariat of State of Foreign Trade, the Spanish Institute of Foreign Trade (ICEX), whose presidency is held by the Secretary of State for Foreign Trade.

5. It is also directly dependent on the Secretary of State for Foreign Trade, whose presidency holds the Higher Tariff Board.

6. The Secretary of State for Foreign Trade shall be responsible for the exercise of the functions of the protection of the State-owned Instrumental Society P4R, attributed by the Council of Ministers Agreement of 7 December 2006, to the Ministry of Industry, Tourism and Trade.

7. The Secretary of State for Foreign Trade shall be responsible for the supervision of the management of the export credit insurance for the State carried out by CESCE, in accordance with the rules in force in this field.

8. The Territorial and Provincial Directorates of Foreign Trade are functionally dependent on the higher or managerial bodies of this Ministry for the purposes of their action. It is for the Territorial and Provincial Directorates of Foreign Trade to exercise in the territorial field and in accordance with the distribution of powers laid down in the relevant regulations of the following functions in the field of trade:

(a) The handling and resolution of cases relating to external trade, including intra-Community trade in agricultural and industrial products and external transactions.

b) To study and report on the effects on the economy of its demarcation, the tariff and how to collect and process data on the quantities involved in the distribution and marketing of the various goods and services in coordination with the Studies Unit of the Ministry of Industry, Tourism and Trade.

c) The inspection and control of the commercial quality of products subject to foreign trade in terms of standards and specifications of commercial quality, packaging and packaging, warehouses, warehouses, means of transport, etc. The implementation of the checks in accordance with the common marketing standards in the fresh fruit and vegetables sector. Compliance with the applicable safety and labelling rules for certain industrial products to be imported from third countries, prior to release for free circulation, in the form that it is regulated without any prejudice to the powers conferred on other ministerial departments or bodies of the Administration

d) The issue of certificates of conformity in the development of voluntary certification and technical assistance activities to companies and sectors in the field of external trade.

e) The issuance of permits and certificates on products and specimens within the scope of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), as well as the development of control and inspection arising from the condition of the Directorate-General for Trade and Investments of the CITES Management Authority.

(f) Those corresponding to them in the framework of the activities of the Spanish Institute of Foreign Trade in their respective fields of action, as provided for in Royal Decree 1165/2005 of 30 September 2005, for which modifies the organic structure of the Spanish Foreign Trade Institute.

g) Information to bodies and individuals interested in the subjects mentioned.

(h) The sanctioning character that is provided for in the relevant rules.

i) In general, the remaining ones attributed in its territorial scope to the Secretariat of State of Foreign Trade, to its autonomous organizations or to the ICEX, related to trade and investment promotion, as well as to the promotion of the internationalisation of the Spanish company.

(j) Any other of those entrusted by its specific rules and powers, and in particular Royal Decree 1456/2005 of 2 December, governing the Territorial and Provincial Trade Directorates.

9. The Economic and Trade Offices are functionally and administratively dependent on the Ministry of Industry, Tourism and Trade, through the Secretariat of State for Foreign Trade, without prejudice to the hierarchical dependence of the Heads of Mission. Diplomatic respective. His performance will focus on supporting the State General Administration in its internationalisation policies, with three essential objectives:

Contribute to the formation and development of economic policy and foreign investment and trade policy.

Develop commercial promotion activities abroad within the framework of the company's internationalization support policy.

Carry out information and assistance to Spanish economic operators.

In particular, they correspond to the Economic and Commercial Offices the exercise of the following functions:

(a) Information and advice in the field of economic and trade affairs, on the country of demarcation and its bilateral relations.

b) Maintenance of relations with authorities, institutions and organizations relevant to the Spanish economic and commercial interests and support for the activities of companies.

(c) Participation and advice in official negotiations and joint intergovernmental commissions, as well as in the negotiation and implementation of projects of particular importance for economic and trade relations bilateral or for the Spanish economic and commercial presence in the country.

d) Follow up to the implementation of agreements and economic and trade protocols signed between the two countries and the activities carried out by companies, Chambers, investors, etc., Spanish in the country concerned.

e) Tracking the country's relations, negotiations and economic and trade agreements with third countries.

f) General market prospects, organization and assistance of specific promotional activities, in particular the commercial promotion actions developed by the ICEX.

g) Assistance and information to economic operators on markets, business opportunities, investments, etc.

h) Information on Spanish exportable offer to local importers and assistance to local investors interested in Spain, as well as support for collective inter-business meetings.

Any other of those entrusted in the framework of its specific regulations and powers and in particular, in Royal Decree 2827/1998 of 23 December, of the organization, functions and the provision of jobs of the Economic and Trade Counselors and Attachors at Diplomatic Missions in Spain.

Article 3. Directorate-General for Trade and Investments.

1. The Directorate-General for Trade and Investment is the executive body to which, under the immediate dependence of the Secretary of State for Foreign Trade, the following functions are:

(a) The management, in the field of commercial policy, of Community and national procedures for the approval of the rules for the processing of import and export authorisations, introduction and dispatch of agri-food and industrial products, acting as the national authority responsible for its implementation. It is also responsible for the development and management of trade policy in relation to commodity agreements.

(b) participation in the Community procedures for the management and modification of the Common Customs Tariff, both in the general application and preferential rights and in particular with regard to the suspensions and autonomous tariff quotas, in the exercise of the powers conferred by the Tariff Act and the study and report of the tariff policy of third countries.

c) Participation in the design and implementation of the commercial policy of agro-food and industrial goods, services, investments and intellectual property in the multilateral framework, through the corresponding mechanisms and, in The Committee on Trade Policy provided for in the Treaty establishing the European Community. The impetus, study and elaboration of the provisions relating to electronic commerce, in international trade agreements.

d) The definition, formulation and evaluation of bilateral and regional trade policy for agri-food and industrial goods, services, investments and intellectual property in the Council of the European Union and its corresponding working groups. The analysis and monitoring of agreements and trade relations with third countries. The monitoring and formulation of proposals for the elimination of restrictions and obstacles in the market of third countries to Spanish exports.

e) The coordination and representation of Spanish interests within the World Trade Organization. The management and proposal in relation to the implementation of the World Trade Organization agreements regulating international trade in agro-food and industrial goods, services, investments and intellectual property rights related to trade. The performance of the Secretariat of the Inter-Ministerial Commission for Negotiations at the World Trade Organization (CIWTO), created by Royal Decree 295/1995, of 24 February.

f) The preparation and coordination of the Spanish position with the Trade Committee of the Organization for Economic Cooperation and Development (OECD) and the management of its working groups.

g) The representation of Spanish interests and coordination in matters of trade, monetary and financial policy to the United Nations Conference on Trade and Development (UNCTAD).

(h) The definition, elaboration, management and follow-up of the policy of commercial and economic relations between Spain and the rest of the world, as well as the direction of the economic and commercial offices in this field, in order to the promotion and defence of the commercial and investment interests of Spanish companies with international activity, ensuring at all times the coherence of the actions carried out by the various competent bodies. In this respect, it will be for the coordination of institutional relations of a commercial or investment nature with third countries and, in particular, of the business activities to be organized on the occasion of official visits or visits. without prejudice to the powers conferred on other ministerial departments or bodies of the Administration

i) The definition and management of the instruments that integrate the Spanish system of official financial support to the internationalization of the Spanish company, as well as its coordination and supervision and its management entities, to the object to ensure consistency with the objectives of the Spanish trade policy, the definition of which is responsible for this Directorate-General. This system is made up of the following instruments of financial support for internationalisation: the export credit insurance for the State in its various forms, the FIEM, the Convention for the Mutual Adjustment of Interest, the FIEX and FONSME funds, as well as the ICO's credit lines. It will also be understood as part of this system how many instruments of official financial support for internationalisation can be created in the future and are attributed to the competence of this Ministry.

j) The monitoring and negotiation of official financial support for internationalisation in international fora on export credit, in particular in the OECD and in the EU.

k) Participation in the design and implementation of Community legislation in the field of commercial defence. The proposal, where appropriate, within the European Union, for the adoption of trade defence measures in respect of the rights of Spanish companies. The defense of the interests of the exporting companies affected by trade defense procedures, ensuring compliance with the legal framework established in the World Trade Organization in this field.

(l) The authorisation of the inward and outward processing arrangements and the issue of temporary import and export administrative authorisations in the field of their powers.

m) The inspection and control of commercial quality and participation in national and international standards of standardization. The development of technical assistance and certification activities in relation to international organizations, companies and sectors. The assessment and resolution of technical obstacles in the field of the Single Market and of the Agreements on Technical Barriers to Trade (OTC) and on Sanitary and Phytosanitary Measures (MSF) of the World Trade Organization. Compliance with the applicable safety and labelling rules for certain industrial products to be imported from third countries, prior to release for free circulation, in the form that it is regulated, without prejudice to the powers conferred on other ministerial departments or bodies of the Administration. The coordination and development of the above functions through the peripheral network.

(n) the inspection and control of the commercial quality of products subject to external trade, including intra-Community trade, in the field of their competence, in terms of standards and specifications of commercial quality, packaging and packaging, warehouses, warehouses or means of transport to ensure that products are imported or exported under appropriate conditions. The actions resulting from the implementation of Royal Decree 175/2004 of 30 January 2004 designating the coordinating authority for the purposes of Commission Regulation (EC) No 1580/2007 of 21 December 2007 laying down detailed rules for the implementation of Regulation (EC) No 175/2004 detailed rules for the application of Council Regulations (EC) No 2200/96, (EC) No 2201/96 and (EC) No 1182/2007 in the fruit and vegetables sector, as well as the coordination and development of the above functions through the network peripheral.

n) The actions in the capacity of the CITES Management Authority and the main management body, resulting from the application of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), Council Regulation (EC) No 338/1997 of 9 December 1996 and its regulatory development, as well as the coordination and development of the above functions through the peripheral network.

o) The promotion of business cooperation and collaboration with the associations of exporters, within the framework of measures to support their external activity.

p) The negotiation, where appropriate, of international, bilateral or multilateral treaties or conventions, relating to the promotion and protection of foreign investments, as well as the coordination and representation of interests Spanish in international bodies acting in this field.

q) The elaboration and processing of the provisions relating to foreign investments, prior to the mandatory report of the Directorate General of the Treasury and Financial Policy on its adequacy to the regulations on the activity financial. The monitoring that in matters of promotion of foreign investments, develop other organs of the General Administration of the State.

r) The authorisation, control and monitoring of foreign investments in the terms of Royal Decree 664/1999 of 23 April 1999 on foreign investments, as well as the charges and payments resulting from them, It is necessary to provide for specific rules on foreign investments and the statistical recording of flows and stocks of foreign investments in Spain and Spanish investments abroad. The Chair of the Board of Foreign Investments.

s) The coordination and defence of the positions of the Department in matters of the Directorate-General which affect the European Union and the OECD, as well as the representation on the committees and working groups of the organizations.

t) The economic-financial and technical management of the network of Economic and Commercial Offices in the Exterior. In the same way, it will be up to the technical inspection and evaluation of its operation, organization and performance, as well as the elaboration and development of actions that will allow the improvement of the network of Economic and Commercial Offices.

the official recognition of the Spanish Chambers of Commerce in the Foreign Countries and its various forms of association, the elaboration of the proposals for the granting of grants and the management of the same, as well as the protection of these institutions as consultative bodies, collaborators and auxiliaries of the General Administration of the State

v) The other powers conferred on you by the existing legislation on foreign trade and investments.

2. The Directorate-General for Trade and Investments is structured in the following Subdirectorates General:

(a) Subdirectorate-General for Trade Policy of the European Union which shall exercise the functions of evaluation, control and development of trade policies with third countries, and in particular those referred to in paragraph d of the paragraph 1. It shall also be responsible for coordinating the development of the functions referred to in paragraphs (c) and (e), in respect of trade-related goods and intellectual property rights, as well as those referred to in paragraph (g) of the paragraph 1. It will also be responsible for the Secretariat of the Inter-Ministerial Commission for the Coordination of Spanish Participation at the United Nations Conference on Trade and Development, of the Consultative Commission on Trade Negotiations. International and the Trade and Investment Advisory Board.

(b) The Subdirectorate-General for Financial Promotion of Internationalisation, which shall exercise the functions listed in paragraph 1 (i) and (j).

(c) The General Subdirectorate of External Investment, which shall exercise the functions listed in paragraph 1 (p), (q) and (r), as well as the Secretariat of the Board of Foreign Investments.

(d) The Subdirectorate-General for Trade Policy with Europe, Asia and Oceania, which shall exercise the functions listed in paragraph 1 (d) and (h), in relation to the Countries of Europe, Asia and Oceania.

(e) The Subdirectorate-General for Trade Policy with Latin America and North America, which shall exercise the functions listed in paragraphs (d) and (h) of paragraph 1, in relation to countries of Latin America and North America.

(f) The Subdirectorate-General for Trade Policy with Mediterranean Countries, Africa and the Middle East, which shall exercise the functions listed in paragraph 1 (d) and (h), in relation to the Mediterranean Countries of Africa and Middle East

(g) The Subdirectorate-General for Foreign Trade in Agro-food Products, which shall carry out the functions referred to in paragraph 1 (a) and (o), as regards agri-food products.

(h) The Subdirectorate-General for Foreign Trade in Industrial Products, which shall carry out the functions referred to in paragraph 1 (a), (c) and (o), in respect of industrial products

(i) The General Subdirection of Tariff Policy and Commercial Defense Instruments, which shall carry out the functions referred to in paragraphs (b), (k) and (l) of paragraph 1.

(j) The General Subdirectorate for International Trade in Services, which shall carry out the functions referred to in paragraphs (c) and (e), in respect of international trade in services, trade-related investments and other horizontal aspects which are the subject of trade negotiations, as well as those referred to in paragraph 1 (f).

(k) The Subdirectorate-General for Inspection, Certification and Technical Assistance of Foreign Trade, which shall carry out the functions referred to in paragraphs (m), (n) and (n) of paragraph 1.

(l) The Subdirectorate-General of Economic and Commercial Offices Abroad, which shall exercise the functions listed in paragraph 1 (t).

Article 4. Secretary of State for Telecommunications and the Information Society.

1. The Secretary of State for Telecommunications and the Information Society is the top organ of the Ministry of Industry, Tourism and Trade, which is the responsibility of the Department's head, the exercise of the following competencies:

(a) The impetus, programming and monitoring of the activities of the Department in the field of telecommunications, audiovisual media and the information society.

b) The study, proposal and implementation of the general policy on telecommunications, audiovisual media and the development of the information society.

c) The elaboration and proposal of the regulations concerning the management and regulation of telecommunications, audiovisual media and instruments that promote the development of the information society.

d) The promotion and development of advanced telecommunications and information society infrastructures and services.

e) The design and implementation of projects that promote the integration of information technologies in all areas of economic and social activity, without prejudice to the competencies of other departments ministerial.

(f) The impetus and coordination of plans, technological projects and action programmes for the development and implementation of the information society, in particular as regards access, digital identification and development in services and content, in collaboration with the departments, administrations and public entities involved, as well as with the public and private economic and social sectors affected.

g) The development, management and monitoring of programmes aimed at promoting the supply of new technologies, services and applications and content in the field of telecommunications and the information society, as well as the definition and coordinated management of this policy with the relevant programmes and initiatives of the European Union and other international programmes in this field.

(h) Collaboration with the bodies responsible for the Ministry of Foreign Affairs and Cooperation in the study, proposal and coordination of the policy to be followed in the European Union and in other bodies (a) international telecommunications, audiovisual and information society, and participation in the programmes which are promoted in such matters, without prejudice to the participation of other departments; ministerial in the field of their competences.

i) Assistance to the Ministry of Economy and Finance in terms of pricing and valuation of the costs of providing electronic communications services.

j) The exercise of the powers relating to Internet domain names under the country code for Spain (.es) that the Ministry of Industry, Tourism and Trade has attributed to them.

k) The planning, management and control of scarce resources in telecommunications, in particular, radio spectrum, numbering, routing, naming and resources orbit spectrum, in cases in which falls within the competence of the Ministry of Industry, Tourism and Trade.

l) The processing and the granting of the enabling titles for the use of the radio public domain, as well as, in the field of the competencies of the General Administration of the State, the processing and the granting of the the enabling titles of audiovisual services.

m) The maintenance of the relations of the General Administration of the State with the service providers and telecommunications networks, as well as the control of the fulfilment of the public service obligations telecommunications which, in accordance with applicable regulations, corresponds to it.

n) The exercise of the powers of control, inspection and sanction in the field of telecommunications, audiovisual media and the information society.

n) The resolution of disputes between operators and users in the terms provided for in the current regulations.

(o) Economic and budgetary management, in the field of its competence, of expenditure and revenue corresponding to the budget appropriations of the Secretariat of State and, in particular, the management of the telecommunications, as provided for in the current regulations.

p) Those others that attribute existing legislation to the Department in the telecommunications, audiovisual services and information society sectors.

2. The Directorate-General for Telecommunications and Information Technology, with the rank of Directorate-General, will be responsible for the Secretariat of State for Telecommunications and for the Information Society.

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 18.3 of Royal Decree 495/2010 of 30 April.

(b) The General Secretariat for the Management of Telecommunications, to which the following functions are carried out:

Planning, promotion and development of telecommunications infrastructures and services.

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

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.

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

In the field of their competencies, the issuance of technical reports on telecommunications that correspond to the Secretariat of State.

c) The General Subdirectorate of Telecommunications Operators, to which the exercise of the following functions corresponds:

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

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

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

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

The study and the proposal of actions related to the conditions of interconnection of networks and access to these.

In the field of their competencies, the issuance of technical reports on telecommunications that correspond to the Secretariat of State.

(d) The General Subdirectorate for Radio Spectrum Planning and Management, to which the exercise of the following functions corresponds:

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.

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

Managing the allocation of resources orbit spectrum.

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.

e) 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.

4. It is attached to the Ministry of Industry, Tourism and Trade, through the Secretariat of State of Telecommunications and for the Information Society, the business public entity Red.es.

5. The Telecommunications Market Commission, in accordance with the Law 32/2003 of 3 November, General Telecommunications, is attached to the Ministry of Industry, Tourism and Commerce, through the Secretariat of State Telecommunications and the Information Society.

6. The State Radiocommunications Agency, created by Law 32/2003, of 3 November, General of Telecommunications, is attached to the Ministry of Industry, Tourism and Commerce, through the Secretariat of State of Telecommunications and for the Information Society.

7. It is attached to the Ministry of Industry, Tourism and Trade, through its Secretariat of State of Telecommunications and for the Information Society the Foundation of Reference Center of Information and Communications Technologies based on open sources (CENATIC).

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

(b) The designation of notified bodies for telecommunications equipment and the testing of compliance with the technical specifications for telecommunications equipment and apparatus, 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.

c) 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.

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

(e) Monitoring and inspection of telecommunications and additional charging services, as well as the application of the system of penalties in the field and the coordination of peripheral services dependent on the Secretary of State for control, inspection and sanctioning regime.

f) The resolution of disputes between operators and end users of telecommunications, as well as information and attention to the telecommunications user. The handling 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.

g) the monitoring of the general conditions of procurement which operators apply to the end users of telecommunications services, as well as the processing of the approval files in the the assumptions in which the regulations on the protection of telecommunications users so provide.

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

(i) the development and management of programmes for the development of information society services and infrastructures, as well as the development of databases on the information society services and the electronic communications.

j) The elaboration and management of programs for the development of digital public services and for the development of knowledge centers and digital content.

k) 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 telecommunications and the information society, corresponding to European structural funds.

l) The elaboration, management and monitoring of programs 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 technologies. 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.

m) The elaboration and management of initiatives to support the creation and development of companies in the information and communications technologies sectors and digital content and design of the conditions that promote 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.

n) The proposal for legislation 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, the re-use of public sector information and the protection of intellectual and industrial property in the field of the information society, and of accompanying measures to implement this regulation.

or) 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.

p) 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.

(q) 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 (a) the level of telecommunications charges, in accordance with the provisions of the rules in force. The application of the system of penalties for public aid and subsidies.

r) 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

s) 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.

(t) The exercise of the powers of control and inspection in the audiovisual media in relation to the regulations on social media. The instruction of the sanctioning procedures in the audiovisual media.

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

v) The development 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 media (a) Audiovisual and 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.

w) 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 the article 5.3 of Law 7/2010, of 31 March, General of Audiovisual Communication.

x) 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.

and) The exercise of 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.

(z) Other than the legal order attributed to the Department and which are not specifically assigned to other authorities in relation to networks, infrastructures, telecommunications services, services of the information society, electronic signature and audiovisual services.

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

1. The General Subdirectorate for Infrastructure and Technical Regulations, which shall carry out the tasks assigned to the Directorate-General for Telecommunications and Information Technologies in points (a), (b), (c) and (d) of paragraph 1.

2. The Subdirectorate-General for Inspection and Attention to the User, who shall exercise the functions assigned to the Directorate-General for Telecommunications and Information Technology in points (e), (f) and (g) of paragraph 1.

3. The General Secretariat for the Promotion of the Information Society for the Digital Society, which shall exercise the functions conferred on the Directorate-General for Telecommunications and Information Technology in points (h), (i), (j), (k), (l), and (m) of the paragraph 1.

4. The General Secretariat for Information Society Services, which shall exercise the functions conferred on the Directorate-General for Telecommunications and Information Technology in points (n), (o) and (p) of paragraph 1.

5. The Deputy Director-General for the Coordination and Implementation of Programmes, which shall exercise the functions conferred on the Directorate-General for Telecommunications and Information Technologies in the field of information in (q) and (r) of paragraph 1.

6. The General Sub-Directorate of Audiovisual Media, which corresponds to the exercise of the functions listed in points (s), (t) (u) of paragraph 1.

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

Article 6. Secretary of State for Energy.

1. The Secretary of State for Energy, under the top management of the Minister for Industry, Tourism and Trade, shall exercise the powers relating to:

a) Development of energy and mining policy.

b) Proposal for legislative initiatives and development regulations in the field of the competencies of the Secretariat of State.

c) Monitoring and boosting energy planning proposals in accordance with current legislation.

d) Formulating proposals for energy conservation and conservation, and the promotion of renewable energy.

e) Monitoring of technological developments of an energy and mining nature.

(f) Elaboration and, where appropriate, implementation of measures to ensure energy supply.

g) The elaboration of proposals on regulation and, where appropriate, approval of the structure of tariffs, prices of energy products and tolls, as well as remuneration of the activities carried out in the framework of the sector energy in accordance with current legislation.

(h) The processing of coal aid in accordance with Community legislation and participation in working groups and other activities related to the coal industry, through the Institute for Restructuring of the Coal and Mining of Coal and Alternative Development of the Mining Comarcas.

i) The direction, coordination and management of international energy issues and processes of a regional and global nature.

j) The management and coordination of participation in the various forums of the international energy agenda.

k) Coordination with the Ministry of Foreign Affairs and Cooperation in matters relating to energy and mining policy.

l) Participation in the elaboration of the regulatory activity derived from the European Union: transposition of Community Directives and regulatory energy packages.

m) Participation in activities resulting from the membership of Spain in international organizations and in general in both bilateral and multilateral international relations in the field of energy policy, as well as the promotion and development of the activities necessary for the implementation of international commitments and international cooperation and technical assistance programmes undertaken in these areas and their monitoring. Specifically, the representation of Spanish interests in the International Energy Agency, dependent on the Organization for Economic Cooperation and Development.

n) The monitoring of energy policies in the field of the European Union and other international bodies.

n) The economic and financial analysis and monitoring of the energy markets, in coordination and without prejudice to the competencies of the Studies Unit of the Ministry of Industry, Tourism and Commerce.

o) The elaboration, coordination and analysis of studies and energy statistics, in coordination and without prejudice to the competencies of the Unit of Studies of the Ministry of Industry, Tourism and Commerce.

p) The regulation, monitoring and analysis of gas and electricity auctions.

q) Planning and tracking energy infrastructures.

r) The reception, monitoring and elaboration of information on the energy sectors, the study, monitoring and analysis of the behavior of the energy markets, of the parameters affecting these sectors, as well as the comparison with third country markets, in coordination and without prejudice to the competences of the Studies Unit of the Ministry of Industry, Tourism and Trade.

s) Coordination, proposal and monitoring at both the national and international level of initiatives and programmes in matters relating to the rational use of energy and energy efficiency, as well as monitoring and Proposal for energy policies in the field of environmental implications and sustainable development of energy, including the development of certificates of conformity for equipment associated with these areas.

the analysis of the evolution and monitoring of technological developments of an energetic nature, as well as the contribution to the definition of the policy of research, technological development and demonstration within the scope energy, in collaboration with the Ministry of Science and Innovation.

u) In general, all initiatives, proposals and actions that in the field of the energy and mining sector are the responsibility of the General Administration of the State, in accordance with the legislation in force.

v) Those other functions that attribute the current legislation to the Ministry of Industry, Tourism and Commerce in the energy and mining sectors.

2. The Energy and Mines Policy Directorate-General depends on the Secretary of State for Energy.

3. The following bodies are also directly dependent on the Secretary of State for Energy with a general sub-directorate:

(a) The Cabinet, as an immediate assistance body to the Secretary of State, with the structure set out in Article 18.2 of Royal Decree 495/2010 of 30 April, approving the basic organic structure of the Ministerial departments.

(b) The General Energy Planning and Monitoring Subdirectorate, which shall carry out the duties referred to in paragraphs (c), (d), (e), (o), (p), (q), (r), (s), (t) and (v) of paragraph 1 of this Article and those of paragraph (w) thereof, renewable energy, rational use of energy and energy efficiency.

(c) The Subdirectorate-General for International Energy Relations, which shall exercise the functions referred to in paragraphs (i), (j), (k), (l), (m) and (n) of paragraph 1 of this Article.

4. The Functional Areas of Industry and Energy, integrated in the Government Delegations, will exercise the functions that they have under the authority of the Secretariat of State of Energy, in accordance with their competence action.

5. The following public bodies are assigned to the Ministry of Industry, Tourism and Commerce, through the Secretariat of State of Energy:

a) The Institute for the Restructuring of Coal Mining and Alternative Development of the Mining Comarcas, whose President and Director General will be the Secretary of State for Energy and the Director General of Policy Energy and Mines, respectively.

b) The Institute for Energy Diversification and Savings, whose President will be the Secretary of State for Energy.

6. The National Energy Commission is attached to the Ministry of Industry, Tourism and Commerce through the Secretary of State for Energy.

7. It is up to the Secretary of State for Energy a Permanent Advisory Board.

8. It is attached to the Ministry of Industry, Tourism and Trade, through the Secretariat of State of Energy, the business public entity ENRESA of radioactive waste management.

9. It is up to the Secretary of State for Energy to exercise the guardianship on the Corporation of Strategic Petroleum Products Reserves.

10. The City of Energy Foundation (FUNDESFOR), the City of Energy Foundation (EN)

is attached to the Ministry of Industry, Tourism and Commerce, through its Secretariat of State of Energy.

Article 7. Directorate-General for Energy Policy and Mines.

1. The following functions are the responsibility of the Directorate-General for Energy Policy and Mines:

a) The general management of the energy and mining sectors, in the terms of the legislation in force.

b) The elaboration of normative initiatives and their follow-up in the framework of the competencies of the General Administration of the State, in the fields of mining, hydrocarbons, electrical energy, nuclear energy, renewable energies, rational use of energy and energy efficiency, as well as the elaboration of the necessary proposals for the adaptation, where appropriate, to European Union legislation.

c) The elaboration of proposals regarding energy planning and mining safety.

(d) The drawing up of proposals on the regulation of the structure of tariffs, prices of energy products, tolls, as well as the remuneration of the activities carried out in the energy sector in accordance with the legislation in force.

e) The elaboration and processing of the authorizations of the installations and of the subjects operating in the energy sector, as well as of the radioactive installations, the control of the obligations that are required and the (a) the investigation and, where appropriate, the decision of the sanctioning files for the infringements provided for in the current energy legislation, where it falls within the competence of the General Administration of the State.

(f) The proposal for granting and processing authorizations, permits and concessions for the exploitation of hydrocarbons and their monitoring and control, as well as the actions in the field of research and exploitation of the mineral deposits and other geological and hydrogeological resources, within the framework of the powers of the General Administration of the State.

g) The management of administrative records that correspond to the General Administration of the State, in accordance with the current regulations on energy and mines, as well as the issue of certificates on their content.

(h) Those relating to the organisation and functioning of the electricity production market.

(i) Monitoring and monitoring of actions and plans, both technical and economic, in relation to the activities referred to in the General Plan for Radioactive Waste and the elaboration of proposals for relative authorisations to the paralyzed nuclear power plants, pursuant to the provisions of Law 54/1997, of 27 November, of the Electrical Sector, and provisions of development.

j) Monitoring of international commitments entered into by Spain, in particular in the field of nuclear non-proliferation, physical protection of nuclear materials and facilities, and civil liability for nuclear damage.

k) The analysis and monitoring of the supply of mineral raw materials, in general, and those that have relevance to national defense.

(l) Improving safety in mines within the competence of the Ministry of Industry, Tourism and Trade, and in particular the promotion of research, technological development and the competitiveness of the mining.

m) Those relating to explosives, cardboard and pyrotechnics, within the scope of the powers conferred on the Ministry of Industry, Tourism and Trade.

n) The elaboration of the proposals regarding the determination of specifications and qualities of hydrocarbons, as well as the basic regulation on technical conditions and security guarantee in energy and mining facilities, as well as the development, monitoring and development of programmes and actions on the quality and safety of equipment and products used in mining.

2. The Directorate-General for Energy Policy and Mines shall be composed of the following sub-directions:

(a) The General Sub-Directorate of Hydrocarbons, which shall carry out the duties referred to in paragraphs (a), (b), (d), (e), (g) and (n) of the previous paragraph in the hydrocarbon sector, as well as the functions of paragraph (f) in the field regulated by Law 34/1998 of 7 October of the hydrocarbon sector.

(b) The General Subdirectorate of Electrical Energy, which shall carry out the duties referred to in paragraphs (a), (b), (d), (e), (g) and (h) of paragraph 1 in the field of electricity.

(c) The General Sub-Directorate of Nuclear Energy, which shall exercise the functions referred to in paragraphs (a), (b), (c), (d), (g), (i) and (j) of paragraph 1 in the field of nuclear energy, as well as the functions of paragraph (e). nuclear and radioactive installations and those related in general to nuclear energy.

(d) The General Subdirectorate of Mines, which shall carry out the duties referred to in paragraphs (a), (b), (c), (f), (g), (k), (l), (m) and (n) of paragraph 1, in the field of the mining sector.

3. It is up to the Director General of Energy Policy and Mines the Directorate General of the Institute for the Restructuring of Coal Mining and Alternative Development of the Mining Comarcas.

Article 8. Deputy Secretary for Industry, Tourism and Trade.

1. The Secretariat for Industry, Tourism and Commerce will perform the functions that Article 15 of Law 6/1997, of April 14, of the Organization and the Functioning of the General Administration of the State, attributes to the Undersecretary and, in particular, the following:

a) The ordinary representation of the Ministry.

(b) The head office of all the personnel of the Department and the resolution of all matters relating to the Department, except for cases reserved for the decision of the Minister and of the Secretaries of State.

c) The external institutional relations of the Department, without prejudice to the competencies attributed to other senior and managerial bodies.

(d) Administrative relations with entities and bodies that are dependent on the Department, without prejudice to the powers conferred on other senior and managerial bodies.

e) The impetus and coordination of the instructions and orders of service to be issued for the management of the department's own matters.

(f) The relationship with the territorial units of the Ministry and the evaluation of the resources necessary for its operation, without prejudice to the functional competencies that correspond to other organs of the Department.

g) The direction and coordination of the competencies attributed to the Department's Budget Office by its specific provisions.

h) The protectorate of foundations whose purposes are linked to the privileges of the Department, in the terms established by the current regulations.

i) The direction, impetus and overall coordination of the Department's common services, the management of the internal regime and other general services.

j) The planning, elaboration, supervision and direction of the projects of execution of works, as well as the maintenance, permanently updated, of the inventory of the buildings affected to the Ministry.

(k) The impetus and coordination of the IT policy of the Ministry and its various agencies, the development of the information systems necessary for the operation of the services, the implementation of the Electronic administration in the Department, management and administration of voice and data communication networks in central, peripheral and external services, administration of the Internet domain and portal of the Ministry, the advice and assistance in the field of information technology.

(l) The drawing up of the Ministry's annual preliminary draft budgets and the coordination of the Ministry's corresponding public bodies, as well as the monitoring of budgetary implementation and authorization and processing of their modifications.

m) The general inspection of the organs, units and agencies dependent or attached to the Department and the monitoring of plans and actions and proposal for the improvement of the efficiency and quality of the services, as established in Royal Decree 799/2005 of 1 July, governing the General Inspections of the Services of the Ministerial Departments.

n) Technical and administrative assistance to the Department's senior and management bodies in order to improve services, as well as the monitoring and analysis of the Department's sectoral policies and evaluation Regular impact and effectiveness of support instruments.

(o) Organisational studies and analyses, remuneration and incentives for performance, administrative procedures and management processes and working methods, the implementation of evaluation and performance improvement plans of the Department's staff.

p) The analysis, monitoring and coordination of issues related to other Departments, agencies and entities that, being of the Ministry of Industry, Tourism and Commerce, are not assigned to other departments of the Department.

q) The direction and coordination of the services of administrative and relationship information with the citizen.

r) The planning, management and administration of the human resources of the Department and, where appropriate, of its autonomous agencies, the elaboration of the relations of jobs and the management of the remuneration, the relations with trade union organisations and professional associations of officials, as well as collective bargaining as appropriate.

s) The elaboration of the training plans of the Department's staff and the direction of their execution, the processing, in the field of their competence, of the compatibility and disciplinary files relating to the personnel of the Department and its autonomous agencies, and the planning, management and management of social action and programs for the prevention of occupational health and care for the working conditions of the personnel of the Department.

2. The competencies recognized in this Royal Decree to the different management centers of the Department are established, in any case, without prejudice to the one granted to the Undersecretary of Industry, Tourism and Commerce.

3. The Secretariat for Industry, Tourism and Trade directly depends on the Technical General Secretariat.

4. The Sub-Secretariat for Industry, Tourism and Trade shall be composed of the following bodies with the rank of Subdirectorate-General:

(a) The General Staff, to which the exercise of the functions referred to in paragraphs (i) and (j) of paragraph 1 corresponds.

(b) The General Subdirectorate of Information and Communications Technologies, to which the exercise of the functions referred to in paragraph 1 (k) corresponds.

(c) The budgetary office, which corresponds to the performance of the tasks referred to in paragraph 1 (l), and in particular those set out in Royal Decree 2855/1979 of 21 December 1979 establishing the Budget offices.

(d) The General Inspection of Services and Relations with Citizens, which corresponds to the exercise of the functions referred to in paragraph 1 (m), (n), (o), (p) and (q), and, in particular, those provided for in the Royal Decree 799/2005, of 1 July, governing the general inspections of services of the ministerial departments

(e) The General Subdirectorate of Human Resources, which shall develop the functions described in paragraph 1 (r) and (s).

5. Depending directly on the Assistant Secretary there will be a Technical Cabinet, as an organ of support and immediate assistance to the Undersecretary, with an organic level of Subdirectorate General.

6. They are also attached to the Secretariat, with the tasks assigned to them by their specific rules, and without prejudice to their dependence on the Ministries of Justice and the Economy and Finance, respectively, the following bodies at the level of Sub-direction General:

(a) State Advocate in the Department, organically and functionally dependent on the General Counsel of the State-Directorate of the State Legal Service, in which the State of the State of the State is organically integrated. Telecommunications and Information Society, the State of Industry and Energy Advocacy, the State of Tourism and Internal Trade Advocacy and the State of Foreign Trade Advocacy.

b) The Delegated Intervention of the General Intervention of the State Administration, which is structured in two areas, one of Taxation and Audit and another of Accounting. The Chief Executive Officer shall perform the audit and audit functions; the Controller of the Accounting area shall act under the responsibility of the Controller.

7. It is attached to the Ministry of Industry, Tourism and Trade, through its Secretariat, the autonomous agency Spanish Patent and Trademark Office and the Public Foundation School of Industrial Organization.

Article 9. Technical General Secretariat.

1. The Technical General Secretariat of the Ministry of Industry, Tourism and Commerce shall be responsible for the functions conferred on it by Article 17 of Law 6/1997 of 14 April of the Organization and the Functioning of the General Administration of the State, and, specifically, the following:

(a) The articulation of the normative powers of the Ministry with the rest of the General Administration of the State and with the other public administrations, agencies and public entities, and the processing, if any, of the regulatory projects to be approved or proposed to the Department.

b) The preparation of the documentation and reports, as well as the processing and coordination of the actions related to the matters to be submitted to the deliberation of the Council of Ministers, the Government's Delegate Commissions and of the General Commission of Secretaries of State and Undersecretaries.

c) The follow-up and report of the acts and provisions of the autonomous communities and of how many cases should be submitted to the Government's Delegation for Autonomic Policy; the processing of the collaboration agreements with the autonomous communities and the coordination of the actions of the various higher bodies and managers of the Department regarding the transfer of functions and services to those.

d) The management, management and editorial coordination of the Department and the promotion and dissemination of publications as well as the management, organization and management of libraries and archives and documentation services Department.

e) The analysis, management and monitoring of the legislation in the areas of competence of the Department.

(f) The report of the general provisions to be promoted by the Department and the participation, if any, in its preparation and the carrying out of legal and technical reports in matters of the Department's own.

g) The study of administrative resources, their processing and the drafting of the motions for resolutions, as well as the complaints before the civil judicial process, of the dossiers for review of the administrative acts and statements of lesivity.

(h) Relations with the courts and courts of justice, for the purposes of the referral of the files and documents they request, the receipt of their notifications and, where appropriate, the preparation of the execution of their judgments.

i) The processing and proposal for the resolution of procedures for the recognition of professional qualifications issued by the Member States of the European Union and other States which are signatories to the Agreement on Economic Area European.

j) The coordination and advice of international issues and technical cooperation in the field of competence of the Department, without prejudice to the competences of other Ministries in the field.

(k) The exercise, in coordination with the Ministry of Foreign Affairs and Cooperation, of powers in relation to international bodies and the European Union in matters of the Department's own expressly assigned to other management bodies.

(l) The economic and financial management and the study, preparation and proposal of contracts concluded by the Department, without prejudice to the powers conferred on other higher bodies or directors of the Ministry, as well as the coordination of the Department's collective bodies in the field of procurement.

2. The Technical General Secretariat is composed of the following bodies with a rank of general sub-directorate which, in addition to those assigned to them by the Technical Secretary-General, perform the following functions of paragraph 1:

(a) The Technical Vice-Secretary-General, who shall perform the functions referred to in paragraphs (a), (b) and (c).

(b) The General Sub-Directorate for Norms Development, Reports and Publications, which shall perform the functions referred to in paragraphs (d), (e) and (f).

(d) The Subdirectorate-General for Resources, Claims and Relations with the Administration of Justice, which shall develop the functions described in paragraphs (g), (h) and (i).

(e) The Subdirectorate-General for International Relations and Cooperation, referred to in paragraphs (j) and (k).

(f) The Subdirectorate-General for Financial Management and Contracting (s) which shall perform the functions referred to in paragraph l.)

Article 10. General Secretary for Tourism and Internal Trade.

1. The General Secretariat of Tourism and Internal Trade, under the top leadership of the Minister of Industry, Tourism and Trade, will carry out as many actions as necessary for the definition, development, coordination and implementation of the policies. State tourism, without prejudice to the competences of the Inter-Ministerial Tourism Committee, as well as the institutional tourism relations of the General Administration of the State with international organizations, public or private, the international tourism cooperation, in coordination with the Ministry of Foreign Affairs Foreign and Cooperation and how many actions are needed for the definition, development and implementation of the State's trade policy, with regard to internal trade.

2. The Directorate-General for Internal Trade will be responsible for the General Secretariat for Tourism and Internal Trade.

3. It is up to the General Secretariat of Tourism and Internal Trade to chair the Spanish Tourism Institute and as such the top management and representation of the body.

4. The holder of the General Secretariat for Tourism and Internal Trade will directly depend on a Technical Cabinet, with an organic level of general sub-direction.

5. The Ministry of Tourism and Trade is attached to the General Secretariat of Tourism and Internal Trade, the autonomous agency Instituto de Turismo de España.

Article 11. Directorate-General for Internal Trade.

1. The Directorate-General for Internal Trade shall be responsible for the following tasks:

(a) The elaboration and proposal of rules and actions for the coordination and development of internal trade. Impulse and analysis of initiatives to improve the regulation of commercial distribution.

b) The monitoring and reporting of state and regional regulations with an impact on internal trade and cooperation with the Autonomous Communities in the field of commercial planning.

(c) The participation, monitoring and implementation of Community legislation and initiatives affecting the exercise of commercial activity, as well as the coordination of these matters with the European Institutions.

(d) The recording, monitoring and monitoring of those arrangements for placing on the market of a special nature at national level and the powers deriving from Law 7/1996 of 15 January 1996 on the Management of Retail and Other attribute to you the current legislation.

e) Legal assistance, reporting and resolution of trade distribution consultations.

f) The elaboration of the general plans that contribute to the improvement of the quality of the companies of the sector and the financial support necessary for its development, as well as the cooperation with the autonomous communities in relation with this.

g) Call and management, in collaboration with the Autonomous Communities and the Official Credit Institute, of the ICO-Internal Trade finance line.

h) The proposal, valuation and dissemination of studies on commercial distribution and commercial structures, and institutional cooperation with the autonomous communities in relation to these matters.

i) The processing, management and certification of requests for reimbursement of European funds and the relations with the administrative bodies of the ERDF.

(j) The call, verification of applications and preparation of the technical report of the projects submitted to the Authority for the failure and resolution of the National Internal Trade Awards. Also, the valuation and proposals regarding the award of the Medal and Plate to Trade Merit.

k) Technical and administrative assistance to the Sectoral Conference of Internal Trade and to the Board of Directors-General of the Sectoral Conference.

l) The completion of studies on the value chain, the pricing processes and the evolution of the commercial margins, as well as the corresponding to the Retail Price Observatory and the coordination of the market information network in coordination and without prejudice to the competences of the Studies Unit of the Ministry of Industry, Tourism and Trade.

m) The promotion, promotion, coordination and protection, where appropriate, of the activities of the Chambers of Commerce, Industry and Navigation, of its Superior Council, of the professional collectives, of the various advisory bodies of the Sectoral participation and other institutions related to the commercial field, without prejudice to activities corresponding to external trade

2. The Directorate-General for Internal Trade is structured in the following Subdirectorates General:

(a) The Subdirectorate-General for Internal Trade, which shall exercise the functions listed in paragraphs (a), (b), (c) (d) (e) of paragraph 1.

(b) The Subdirectorate-General for the Promotion and Modernisation of Internal Trade, which shall carry out the tasks listed in paragraphs (f), (g), (h), (i), (j), and (k) of paragraph 1.

(c) The Subdirectorate-General of the Marketing and Institutional Relations Channels, which shall exercise the functions listed in paragraph 1 (l) and (m).

Article 12. General Secretariat for Industry.

1. The General Secretariat for Industry, under the top management of the Minister for Industry, Tourism and Trade, shall exercise the following powers:

a) The proposal, development and follow-up of the Department's overall policy regarding the industry.

b) The impetus, programming and oversight of the Department's activities in the field of industry.

(c) the elaboration and implementation of industrial policies, national or emanated from the European Union, affecting the industries in which they exercise their competence, as well as proposals for transposition into national law; The legal framework for policies and actions emanating from international law and the European Union.

d) The proposal and implementation of SME support and promotion policies.

e) Those relating to cooperation with the Autonomous Communities aimed at promoting and boosting the business activity of SMEs.

f) The proposal and in its case execution of actions that reduce the administrative burdens of the companies favoring their creation and the development of their activity.

g) The proposal and implementation of actions and programmes aimed at improving the competitiveness of SMEs, facilitating their access to finance and promoting entrepreneurship.

h) The development of policies for the development of companies incorporated in the industrial sectors, promoting entrepreneurship, creating companies and improving the resources of companies.

i) The proposal for legislative and regulatory initiatives for development in its field of competence.

(j) The development of policies to support and promote industrial enterprises and plans or programmes for the promotion of business initiatives and the creation of new enterprises or industrial activities as well as activities of industrial infrastructure and related services.

(k) The proposal for initiatives, in collaboration with the autonomous communities, aimed at achieving harmonious industrial development in the country as a whole, in particular, with the regions in particular declining industrial.

(l) The dialogue with the industrial business sector and the business associations for, among others, the promotion of cooperation between companies and business associations in order to carry out actions of common interest the development of industrial activities, involving the joint demand for services, their modernization or international expansion.

(m) The proposal for action in plans and programmes aimed at improving the competitiveness of companies in the industrial sectors on which they are responsible, as well as the creation of a favourable environment which promote the international competitiveness of these sectors.

n) The impetus, direction and follow up of the actions and programmes related to the aeronautics and space industry, as well as the other strategic sectors, including representation and participation in the international organisations and companies.

n) The promotion and promotion of the adaptation and compatibility of industrial activities to environmental and safety requirements, without prejudice to the competences that may be assigned to other departments ministerial, encouraging companies to develop and incorporate the right technologies.

o) The development of quality and industrial safety programmes, without prejudice to the competences of the autonomous communities in this field.

p) Any other that the Minister of Industry, Tourism and Trade entrusts him in the field of the powers granted to him by Law 21/1992, of July 16, of Industry, and of its norms of development.

2. The following management bodies with the rank of Directorate-General will be subject to the General Secretariat of Industry:

a) The Directorate-General for Industry.

b) The General Directorate of Small and Medium Enterprise Policy.

3. The head of the General Secretariat for Industry shall be the President of the Small and Medium-sized Observatory.

4. It is for the General Secretariat of Industry to assist the Minister at the Industry and Energy Sectoral Conference, for industry and in the Commission for Industrial Competitiveness.

5. The holder of the General Secretariat of Industry will directly depend on a Technical Cabinet, with an organic level of Subdirectorate General.

6. It is attached to the Ministry of Industry, Tourism and Trade, through the General Secretariat of Industry, the Spanish Metrology Center.

7. The functional areas of Industry and Energy, integrated in the Government Delegations, will exercise the functions that they have been assigned to the General Secretariat of Industry, in accordance with its competence of the General Secretariat of Industry. action.

8. It is also attached to the Ministry of Industry, Tourism and Trade, through the General Secretariat of Industry, the Management of the Naval Construction Sector.

9. 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 of the State Societies ENISA and CERSA.

10. The General Secretariat of the National Authority for the Prohibition of Chemical Weapons, regulated by Royal Decree 663/1997 of 12 May, is attached to the General Secretariat of Industry, through its Technical Cabinet.

11. The Spanish Ministry of Industry, Tourism and Trade, through its General Secretariat of Industry, is the Spanish Foundation for the Innovation of Crafts and the Observatory of Industrial Technological Prospective (OPTI).

Article 13. Directorate-General for Industry.

1. The Directorate-General for Industry is responsible for the following tasks:

(a) The proposal, implementation, monitoring and evaluation of industrial policy, as well as proposals for the incorporation of international industrial initiatives and the European Union at national level.

b) The elaboration, management and monitoring of actions aimed at improving the competitiveness and efficiency of the productive sectors or generating value for industrial activities, without prejudice to the competences that correspond to other ministerial departments.

c) The performance of industry, regional and aggregate studies, reports and industry analysis.

(d) The analysis and assessment of the impact of actions resulting from the application, inter alia, of technical and environmental regulations on the competitiveness of industrial sectors, as well as the development of adaptation to them.

e) The elaboration, management and monitoring of specific support plans for the industrial sectors affected by special circumstances.

f) The representation of the Ministry of Industry, Tourism and Trade in institutions and working groups that address issues affecting the competitiveness of industrial sectors.

g) Coordination, within the framework of the Industrial Security Council, of industrial safety plans.

h) The development, monitoring and development of programmes and actions in the field of industrial quality and safety and the development of technical infrastructures associated with them, as well as standardisation, accreditation and certification of industrial enterprises and products.

i) the preparation and monitoring of regulatory provisions in the field of industrial quality and safety for industrial products and installations provided for in Law 21/1992 of 16 July 1992 on Industry, as well as the drawing up and monitoring of the regulatory provisions on the approval of vehicles, systems and components provided for in the Road Safety Act.

j) The management of the Integrated Industrial Register within the framework of the Industry Law, as well as the new sections that will be created as a result of regulatory development.

(k) The development, management and monitoring of reindustrialisation programmes aimed at promoting the economic development of certain less industrially favoured regions and the coordination of programmes and actions aimed at promoting the technological modernization of enterprises.

l) Collaboration with other ministerial departments in the implementation of state policy on regional economic incentives in their industrial aspects.

m) The elaboration, management and monitoring of the following programs:

Programs targeting the aerospace and space industry.

Strategic programs, and programs of high technological and industrial content.

Programs and actions aimed at increasing the competitiveness of industrial sectors.

Programs aimed at strengthening the deployment of management systems and infrastructures aimed at increasing industrial competitiveness.

Public-private cooperation programs in areas of strategic importance for industrial sectors.

n) Support for the constitution and consolidation of industry-led technology platforms.

n) The administrative and economic-financial management of the public aid programmes which fall within the competence of the Directorate-General, as well as the monitoring and control of compliance with the obligations of the beneficiaries of the aids.

or) Other than those entrusted to it by the holder of the General Secretariat in the industrial field.

2. The Directorate-General for Industry is structured in the following units with an organic level of general sub-direction:

(a) The General Subdirectorate of Industrial Sectoral Policies, which assumes the functions assigned in paragraphs (a), (b), (c), (d), (e), (f) and (n) of paragraph 1.

(b) The General Subdirectorate for Industrial Quality and Safety, which shall carry out the tasks assigned in paragraphs (g), (h), (i) and (j) of paragraph 1.

c) The General Sub-Directorate of Strategic Programs, which assumes the functions attributed in paragraphs (k), (l), (m) and (n).

Article 14. General Directorate of Small and Medium Enterprise Policy.

1. The Directorate-General for Small and Medium-sized Enterprises is the executive director responsible for the development and implementation of policies to support and promote the activities of small and medium-sized enterprises, aimed at improving the competitiveness of these.

In order to achieve these objectives, the Directorate General for Small and Medium Enterprises Policy will perform the following functions:

(a) The impetus and coordination of programmes and actions agreed at the SME Sectoral Conference.

(b) Those relating to the actions to be carried out under the SME Observatory governed by Royal Decree 943/2005 of 29 July 2005.

(c) Cooperation with other ministerial departments and with the Autonomous Communities in the identification and proposal of actions aimed at simplifying and improving the relations of SMEs with the Administration. Technical and administrative assistance to the SME Sectoral Conference and to the Board of Directors-General of the Sectoral Conference.

d) The proposal, design, management of aid and implementation of actions and programmes co-managed with the autonomous communities oriented to the support of the competitiveness of the SMEs through the realization of projects in the fields technology, organizational and business management.

e) The monitoring and evaluation of support policies for small and medium-sized enterprises in the European Union, derived from the European Charter for Small Enterprises and the guidelines of the European Council.

f) The exercise of the representation of the Department in the management committee and in the activities and projects of the Competitiveness and Innovation Framework Programme 2007-2013, addressed to the European SME, as well as the representation in the SME forums and activities and entrepreneurial initiative of the OECD and in other forums and multilateral activities of small and medium-sized government policies.

g) The exercise of bilateral relations with other countries in the field of small and medium-sized enterprises, to promote the exchange of information and good practices and joint actions for business promotion.

h) Analysis and proposals for regulatory simplification and reduction of administrative burdens for SMEs.

i) The implementation and monitoring of government policies aimed at facilitating the creation of companies, management of the Information Center and Network of Business Creation (CIRCE) regulated by Royal Decree 682/2003 of 7 June, and advising entrepreneurs to small and medium-sized enterprises.

j) The development of studies, statistics and databases for the monitoring and evaluation of policies carried out by the Directorate-General, in coordination and without prejudice to the competences of the Unit of Studies of the Ministry of Industry, Tourism and Trade.

k) The dissemination of information of direct interest to small and medium-sized enterprises through the SME portal and other web pages of the Directorate-General.

l) The development of awareness and promotion actions of the entrepreneurial initiative.

m) The implementation of programmes aimed at strengthening industrial districts and networks of cooperation between small and medium-sized enterprises.

n) The management of the Special Register of Innovative Business Pools of the Ministry of Industry, Tourism and Trade.

n) The administrative and economic-financial management of the public aid programmes which fall within the competence of the Directorate-General for Small and Medium-sized Enterprises, as well as the monitoring and monitoring of compliance with the the obligations incurred by the beneficiaries of the aid.

o) The analysis, the proposal for improvement, development and dissemination of funding sources for small and medium-sized enterprises.

p) The development of actions aimed at facilitating access to the financing of SMEs, either directly or implemented through the CERSA and ENISA societies.

q) The development and monitoring of agreements with entities that develop support activities for SMEs funded through the budgets of the Directorate-General.

r) Other than the legal order attributed to the Department and not specifically assigned to other authorities as regards small and medium-sized enterprises.

2. The following General Subdirectorates-General of the Small and Medium-sized Enterprise Policy Directorate will be subject to:

(a) Subdirectorate-General for Institutional Environment and International Coordination in SME Policies, to which functions (a), (b), (c), (e), (f) and (g) of paragraph 1 are attached to it.

(b) Subdirectorate-General for Business Development, which is assigned to functions (h), (i), (j), (k) and (l) of paragraph 1.

(c) General Business Growth Subdirectorate, to which functions (d), (m), (n), (n), (o), (p), (q) and (r) of paragraph 1 are assigned to it.

Additional disposition first. Removal of organs and units.

1. The following bodies are hereby deleted with the general sub-directorate level of the Ministry of Industry, Tourism and Trade:

a) Subdirectorate General for Analysis, Strategy and Evaluation of the Secretariat of State for Trade

(b) Deputy Director General of Bilateral Trade Relations of the European Union of the Secretariat of State of Trade.

(c) Deputy Director General of Territorial Coordination of the Secretariat of State for Trade

(d) General Subdirectorate for the Digital Society of the Secretariat of State for Telecommunications and the Information Society

e) General Subdirectorate for the Digital Economy of the Secretariat of State for Telecommunications and the Information Society

f) Deputy Director General of Information Operators and Technologies of the Secretariat of State of Telecommunications and the Information Society.

g) Subdirectorate-General for Inspection and Supervision of the Secretariat of State for Telecommunications and the Information Society

h) Subsecretary General of Studies and Action Plans of the Secretariat

i) Deputy Director General for Coordination, Technical Assistance and Organizational Development of the Secretariat

j) General Inspection of Services of the Secretariat.

k) Subsecretary General of Reporting and Regulatory Development

(l) Subdirectorate-General for Studies and Modernisation of Internal Trade of the General Secretariat for Tourism and Internal Trade

2. The following Divisions are deleted:

a) Division of Strategic Analysis of the Commercial Distribution of the Directorate General of Trade Policy of the Secretariat of State of Foreign Trade

b) Technical Assistance Division, Policy Design and Institutional Support of the General Secretariat of Industry

c) Division of Attention to the Telecommunications User of the Secretariat of State of Telecommunications and the Information Society

d) Information, Documentation and Publications Division of the Secretariat

Additional provision second. Nuclear Security Council.

The Nuclear Safety Council relates to the Government through the Ministry of Industry, Tourism and Trade.

Additional provision third. Deconcentration.

It will be up to the Secretary of State of Telecommunications and the Information Society to exercise the administrative powers attributed to the Minister of Industry, Tourism and Trade in the regulations in force in the (a) the field of telecommunications and audiovisual media, interconnection and numbering, management of radio broadcasting, monitoring of compliance with public service obligations for telecommunications and the media audiovisual and imposing sanctions on these matters.

Additional provision fourth. Delegation of powers.

The delegations of competences, granted by the various organs of the Department and not revoked until the date of entry into force of this Royal Decree, will continue to be valid and will be able to make use of them the organs competent by reason of the matter that they come to replace the delegates, until they are expressly revoked or again granted to the different organs resulting from the application of this royal decree.

Additional provision fifth. The coordination authority of the conformity checks in the placing on the market.

The reference made in Article 1 of Royal Decree 175/2004 of 30 January 2004 designating the coordinating authority for the purposes of Commission Regulation (EC) No 1148/2001 of 12 June 2001, replaced by the Commission Regulation (EC) No 1580/2007 of 21 December 2007 on checks in accordance with the marketing standards applicable in the field of fresh fruit and vegetables to the Secretary-General for Foreign Trade The term "foreign trade secretary" shall mean.

First transient disposition. Units and jobs with lower organic level to General Subdirection.

1. The units and posts with a lower organic level than the general sub-directorate shall remain subsist and shall be paid from the same budgetary appropriations until the ratio of jobs adapted to the budget is approved. organic structure of this Royal Decree. Such adaptation shall not entail an increase in public expenditure.

2. The units and posts of work in the organs suppressed in this Royal Decree will be provisionally assigned, by resolution of the Undersecretary, to the bodies regulated in this royal decree, in function of the powers that they have allocated.

Second transient disposition. Transitional arrangements until the effective establishment of the State Radiocommunications Agency.

Until the effective constitution of the State Radiocommunications Agency, the powers conferred on it by Law 32/2003 of 3 November, General of Telecommunications, continue to correspond to the organs of the Secretariat of State of Telecommunications and for the Information Society that this Royal Decree determines.

Single repeal provision. Regulatory repeal.

As many provisions of the same or lower rank are repealed, they oppose the provisions of this Royal Decree and, in particular, the Royal Decree 1182/2008 of 11 July, for which the basic organic structure of the Ministry of Industry, Tourism and Trade.

Final disposition first. Powers of development.

The Minister of Industry, Tourism and Commerce is hereby authorized to take the necessary measures for the development and execution of this Royal Decree, prior to the appropriate legal formalities.

Final disposition second. Budgetary changes.

The Ministry of Economy and Finance will carry out the necessary budgetary changes for the fulfillment of the provisions of this Royal Decree.

Likewise, the Ministries of the Presidency and the Economy and Finance Ministry will carry out the necessary adjustments.

Final disposition third. Entry into force.

This Royal Decree will enter into force on the day of its publication in the "Official Gazette of the State".

Given in Madrid, on October 1, 2010.

JOHN CARLOS R.

The First Vice President of the Government and Minister of the Presidency,

MARIA TERESA FERNANDEZ DE LA VEGA SANZ