since the process of liberalization of telecommunications has been launched, both Community and national law have set up mechanisms for the process to take place in an environment of free competition and full competition. respect for the rights of end users. In our order, the basic regulation in this respect is contained in Law 32/2003, of 3 November, General of Telecommunications and in Royal Decree 424/2005, of 15 April, for which the Regulation on the conditions for the the provision of electronic communications services, universal service and the protection of users. At Community level, the specific rights of telecommunications users are mainly covered by Directive 2002/22/EC of the European Parliament and of the Council of 7 March 2002 on the universal service and rights of telecommunications users in relation to electronic communications networks and services (the Universal Service Directive). This royal royal decree, therefore, is transposition of the aforementioned directive.

On the one hand, the universal telecommunications service is established, which guarantees certain benefits to all citizens, regardless of their geographical location, at an affordable price and with a level of quality determined. The universal service guarantee corresponds to the designated operator for its provision and its supervision and control, to the Ministry of Industry, Tourism and Trade.

Furthermore, all end users of electronic communications services are recognised, irrespective of the operator with whom they are engaged, a number of rights, such as the provision of a contract in which the conditions that apply to you, the right to unsubscribe at any time, the right to be compensated in case of interruption of service, or to receive detailed billing, among many others.

This specific protection of the telecommunications user is further added to which all consumers and users comply with the general consumer protection legislation, in particular the recast text of the Law. General for the Defense of Consumers and Users and other complementary laws, approved by the Royal Legislative Decree 1/2007, of 16 November, as well as the autonomous regulations dictated in the matter. The complementarity of both schemes makes telecommunications one of the sectors whose users enjoy a higher level of protection.

The Regulation approved by Royal Decree 424/2005 of 15 April not only recognises an important number of rights for end users but also provides for an effective mechanism for their protection: the procedure for dispute settlement between end-users and operators, so that the Secretariat of State for Telecommunications and the Information Society has jurisdiction for the binding resolution of disputes between the two parties.

After more than three years of experience in the application of the rights regime, the end users of telecommunications, to advance their protection, the Council of Ministers Agreement of 14 August 2008, on measures of structural reform and the promotion of the financing of small and medium-sized enterprises contains, among other measures, a mandate for the approval of this rule.

Without prejudice to the competences of the Autonomous Community on the general protection of consumers and users, this royal decree regulates the specific protection regime of these users of communications services. electronic. By maintaining existing rights, it includes new guarantees that will govern, from its entry into force, its relations with the operators, thus raising the high level of protection that they were the headlines so far.

Benefits are collected which, as a universal service, must be guaranteed by the designated operator to all citizens, including specific measures for access to the fixed telephone service by persons with disability.

In the contractual aspects, mechanisms have been introduced to ensure the necessary coordination between the regulated procedures for access to networks by operators and the contractual relations between them and the end users. This provides for greater legal guarantees for users of high, low and operator change processes. Up to 15 extremes to be included in the contracts are collected, in the guarantee of the information to the end users of the conditions that apply to them.

The protection of end users is strengthened in the high processes, both in the information they receive and in the received capabilities. In this respect, it will be prohibited to advertise higher internet access speeds than the technology used. Operators will also need to inform users about the factors that can limit the effective speed they experience.

In addition, it is fixed in two days, with its reduction to 24 hours, the period in which the portability must take effect, in line with the proposals on reduction of deadlines for the portability that are being carried out in the the European Union, within the framework of the work for the development of the new Community framework for the regulatory framework for electronic communications. This measure will allow for greater agility in the processes of operator change, and thereby favour competition. It is also planned to continue with the improvement of portability procedures, without creating an increase in the cost to the end user.

The transparency obligations of operators are regulated, both in relation to the contractual conditions that apply to end users and with the quality levels achieved. In this way, the user's choice of choice is strengthened, which can be compared between levels of quality achieved by the different operators.

The end user will have the right to be compensated for the interruptions of the service he/she suffers. This royal decree contains specific rules for determining the amount of compensation, distinguishing the Internet access service from telephone. The practice of compensation shall be automatic if the amount of the compensation is greater than one euro for the telephone service or if it exceeds six hours in time from 8.00 to 22.00 for Internet access.

End users of all electronic communications services will be entitled to receive invoices for the charges they incur. In this respect, this royal decree contains the breakdown that will have to contain the telephone service bill, both fixed and mobile. Where the invoice for an electronic communications service contains amounts corresponding to goods or services which do not have such a nature, it is established that the non-payment of the latter may not lead to the suspension of the electronic communications service. This right of the end user constitutes an effective protection, so that the continuity of the service cannot be threatened by any impayments of different goods or services.

The rights of end-users are consistent with the obligations they require in the procurement and use of electronic communications services. In this regard, they shall use the services for the purposes specified in the contract, avoiding fraudulent use, complying with the consideration provided for in the supply of the services or using terminals which have assessed their conformity in accordance with the rules in force.

Finally, this extensive catalogue of rights is completed with important user protection mechanisms, both in order to be accredited and to be repaired in case of non-compliance.

On the one hand, the requirements to be met by operators ' customer services are regulated. This regulation is aimed at ensuring effective care for end users. The right of the latter to have a documentary accreditation of all the contractual relevance that they make by telephone is reinforced.

On the other hand, the regulation of the dispute resolution procedure between end users and operators is included in this royal decree. They may address complaints to the Secretary of State for Telecommunications and to the Information Society which, within a maximum period of six months, will make them binding on the operator, ordering the measures to be taken. necessary to restore the users to their infringed rights. This is in line with Article 34 of Directive 2002/22/EC of the European Parliament and of the Council of 7 March 2002 on universal service and the rights of users in relation to networks and services electronic communications (Universal Service Directive). This dispute settlement procedure is without prejudice to any sanction measures that may arise in the event of non-compliance with the protection rules for end-users.

In its virtue, on the proposal of the Minister of Industry, Tourism and Trade and the Minister of Health and Social Policy, with the prior approval of the Minister of Public Administrations, in agreement with the State Council deliberation of the Council of Ministers at its meeting on 22 May 2009,

DISPONGO:

Index

Title first. General Provisions.

Article 1. Object and definitions.

Article 2. Scope.

Title II. Letter of Rights of the User of Electronic Communications Services.

Article 3. User rights.

Chapter I. Right to access to the fixed telephone network, with a connection that guarantees functional access to the Internet, as well as all other benefits included in the Universal Service, at an affordable price and with a quality determined.

Article 4. Services that are included in the scope of the universal service.

Chapter II. The right to conclude contracts and to terminate them, as well as to change the Operator.

Article 5. Conclusion of contracts.

Article 6. Warranty deposits.

Article 7. Extinction of contracts.

Article 8. Content of the contracts.

Article 9. Contractual modifications.

Article 10. Operator change processes.

Article 11. Approval and modification of contracts and other conditions.

Chapter III. Right to truthful, effective, sufficient, transparent and up-to-date information on the conditions offered by the Operators and the legal guarantees.

Article 12. Right to truthful, effective, sufficient, transparent and up-to-date information.

Article 13. Commercial communications.

Chapter IV. The right to receive telecommunications services with quality assurance as well as to receive comparable, relevant and up-to-date information on the quality of publicly available electronic communications services.

Article 14. Obligations on quality and billing.

Chapter V. Right to continuity of service and to be compensated in case of interruption.

Article 15. Right to compensation for temporary interruption of available telephone service to the public.

Article 16. Right to compensation for temporary interruption of the Internet access service.

Article 17. Determination of users affected by a mobile phone service outage or mobile Internet access.

Article 18. Liability for damages.

Article 19. Temporary suspension for non-payment of the telephone service from a fixed location.

Article 20. Final default for non-payment of the telephone service from a fixed location.

Chapter VI. The right to turnover broken down, to the disconnection of certain services and to the choice of the means of payment of the services among the commonly used in the commercial traffic.

Article 21. Invoicing of electronic communications services.

Article 22. Breakdown of phone service.

Article 23. Integration of other charges on the invoice for electronic communications services.

Article 24. Right to disconnect certain services.

Article 25. Means of payment.

Chapter VII. Right to effective operator care.

Article 26. Operators customer service.

Chapter VIII. Right to fast and effective ways to claim.

Article 27. Disputes between operators and end users

Chapter IX. Right to special benefits for persons with disabilities or low income.

Article 28. Measures to facilitate accessibility to service by persons with disabilities.

Article 29. Guarantee of the affordable nature of universal service.

Chapter X. Protection from using additional charging services.

Article 30. Additional charging services.

Chapter XI. Right to the protection of personal data.

Article 31. Rights in the field of data protection.

Chapter XII. Obligations of end users.

Article 32. Obligations of end users.

First transient disposition. Rule life.

Second transient disposition. Specifications of the portability.

Transitional provision third. Codes for the provision of additional charging services

Single repeal provision. Regulatory repeal.

Final disposition first. Amendment of the Regulation on electronic communications markets, access to networks and numbering, approved by Royal Decree 2296/2004 of 10 December 2004.

Final disposition second. Competence title.

Final disposition third. Incorporation of European Union law.

Final disposition fourth. Powers of development.

Final disposition fifth. Entry into force.

TITLE FIRST

GENERAL PROVISIONS

Article 1. Object and definitions.

1. This royal decree aims at the approval of the Charter of Rights of the User of Electronic Communications Services, in the development of article 38 of Law 32/2003, of 3 November, General of Telecommunications.

2. For the purposes of this royal decree is understood by:

(a) "Abonado" means any natural or legal person who has concluded a contract with a provider of electronic communications services available to the public for the provision of such services.

b) "Local Loop" means the physical circuit that connects the network termination point on the subscriber's dependencies to the primary distribution network or equivalent installation of the public fixed telephony network.

(c) "Operator" means the natural or legal person who operates public electronic communications networks or provides publicly available electronic communications services and has notified the Market Commission of the Telecommunications the start of your activity

(d) "Electronic communications service" means the provision of a remuneration, which is, in its entirety or mainly, in the transport of signals through electronic communications networks, with the inclusion of telecommunications services and transmission services in networks used for broadcasting, but not for services which supply content transmitted by electronic or electronic communications networks and services. activities consisting in the exercise of editorial control over such content; the services of the information society as defined in Article 1 of Directive 98 /34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of information of technical standards and regulations which do not consist, in whole or in particular, in the transport of signals through electronic communications networks.

(e) "Additional charging service" means those declared as such by a decision of the Secretary of State for Telecommunications and the Information Society, on account of the existence of an invoice higher than the cost of the electronic communications service and in the interests of special protection of the rights of users.

(f) "End User" means the user who does not exploit public communications networks or provides publicly available electronic communications services, nor does he resell them.

Article 2. Scope.

The end users of electronic communications services shall be entitled to the rights recognized in this royal decree, under the conditions laid down therein. Operators shall be obliged to respect the rights recognised in this provision.

The rights recognized in this royal decree are additional and compatible with the provisions of other applicable rules and, in particular, in the recast text of the General Law for the Defense of Consumers and Users and Others. Supplementary laws, adopted by Royal Decree-Law 1/2007 of 16 November, and also in the legislation issued by the Autonomous Communities in the exercise of their powers on the general protection of consumers and users.

TITLE II

ELECTRONIC COMMUNICATIONS SERVICES USER RIGHTS LETTER

Article 3. Rights of end users.

End users of electronic communications services will be the holders, in addition to the rights set out in Article 8 of the recast text of the General Law for the Defense of Consumers and Users and other laws complementary, approved by the Royal Legislative Decree 1/2007 of 16 November, of the following rights, under the conditions laid down in this royal decree:

(a) Right to obtain a connection to the public telephone network from a fixed location, enabling functional access to the Internet, and access to the provision of the telephone service, as well as to the other benefits included in the the universal service, regardless of its geographical location, at an affordable price and with a particular quality.

(b) the right to conclude contracts and to terminate them, as well as to change operators safely and quickly, with the retention of the telephone number. In particular, it includes the right to terminate the contract in advance, without penalty, in cases of modification of the contract by the operator for valid reasons specified in that and without prejudice to other causes of unilateral resolution.

c) Right to truthful, effective, sufficient, transparent and up-to-date information on the conditions offered by operators and legal guarantees.

(d) the right to receive electronic communications services with quality assurance as well as to receive comparable, relevant and up-to-date information on the quality of the electronic communications services available to the public.

e) Right to continuity of service, and compensation in the event of interruptions.

f) Right to a broken billing, to the disconnection of certain services and to choose the means of payment of the services among the commonly used in the commercial traffic.

g) Right to effective operator care.

h) Right to fast and effective ways to claim.

i) Right to special benefits for persons with disabilities and low income.

j) Right to special protection in the use of additional charging services.

k) Right to the protection of personal data.

CHAPTER I

Right to access to the fixed telephone network, with a connection that guarantees functional access to the Internet, as well as all other benefits included in the universal service, at an affordable price and with a quality determined

Article 4. Services that are included in the scope of the universal service.

1. Universal service means the defined set of services the provision of which is guaranteed for all end users regardless of their geographical location, with a particular quality and at an affordable price.

2. Under the concept of universal service, in the terms and conditions set out in Title III of the Regulation approved by Royal Decree 424/2005 of 15 April, the following is guaranteed:

a) That all end users can obtain a connection to the public telephone network from a fixed location and access the provision of the available telephone service to the public, provided their requests are considered reasonable. The connection must provide the ability to establish data communications at a sufficient rate to access the Internet in a functional way.

(b) A general guide for subscriber numbers shall be made available to the public by the telephone service available to the public. In addition, a general information or telephone consultation service on subscriber numbers shall be made available to all end-users of that service.

c) That there is a sufficient supply of public pay telephones throughout the national territory.

d) That end users with disabilities have access to the publicly available telephone service from a fixed location under comparable conditions to those offered to other end users.

e) That persons with special social needs, have options or tariff packages that differ from those applied under normal commercial operating conditions and that allow them to have access to the telephone service available to the public from a fixed location and make use of it.

(f) Where appropriate, special tariff options or price constraints, common tariffs, equivalent zones or other similar schemes are applied, where appropriate, in accordance with transparent, public and non-public conditions. discriminatory.

CHAPTER II

Right to conclude contracts and terminate them, as well as change operator

Article 5. Conclusion of the contracts.

1. End users of electronic communications services shall be entitled to enter into contracts with operators, with the minimum content provided for in Article 8, and to receive the service under the conditions agreed with them.

The formalization and delivery of the contract will be governed by the provisions of the recast text of the General Law for the Defense of Consumers and Users and other complementary laws, approved by the Royal Legislative Decree 1/2007, of 16 November, without prejudice to further formalities which, where appropriate, are laid down in the regulation of portability and preselection.

2. Operators will not be able to access the line of an end user without their express and unequivocal consent.

3. In relation to the broadband service for accessing the Internet, the operator may not apply an offer to the end user whose maximum advertised speed is higher than the maximum speed allowed by the technology used on its local loop or in the access link.

The operator must inform the end user, before hiring, of the relevant factors that limit the effective speed the user can experience, differentiating those over which the operator has control those outside it.

For the purposes of the above paragraph, the minimum content and other conditions may be laid down by means of a decision of the Secretariat of State of Telecommunications and the Information Society. operators must comply when informing users, prior to hiring.

Article 6. Warranty deposits.

1. Operators who provide the available telephone service to the public from a fixed location may only require the subscribers to that service to set up a security deposit, both at the time of the contract and during the duration of the contract, in the following assumptions:

(a) In the contracts for the payment of the telephone service available to the public from a fixed location requested by natural or legal persons who are or have previously been paid to the service and have left unpaid one or more receipts, as long as the late payment.

(b) In credit agreements for the telephone service available to the public from a fixed location, the holders of which have had debts owed by another or other credit agreements, whether in force or not at that time; Repeated delays in the payment of the corresponding receipts.

(c) For subscribers to the publicly available telephone service from a fixed location, holders of lines servicing terminal equipment for public use by third parties in public establishments.

(d) In contracts for the provision of additional charging services formalised between network operators and providers of such services.

e) In cases where the Secretary of State for Telecommunications and the Information Society, at the request of the operators, is exceptionally authorized, in cases of fraud or fraud detected in a certain way and to ensure the performance of the contract by the end users.

2. The amount of deposits, their duration, the procedure for their establishment and return, as well as whether they will be paid or not, will be determined by order of the Minister of Industry, Tourism and Trade.

3. Guarantee deposits for services other than telephone from a fixed location shall apply the provisions of the corresponding credit or prepayment contracts, subject to the provisions of the general rules on protection of consumers and users.

Article 7. Extinction of contracts.

The contract will be extinguished by the general causes of termination of the contracts and, in particular, by the will of the subscriber, communicating it in advance to the operator at least two working days in advance at the time of the contract. Effect.

The operator shall refrain from billing and charging any amount that may have been due, for reasons not attributable to the end user, after the two-day period in which the user had to have had its effects lower.

The procedure enabled by the operator for the consumer to make use of this right will conform to the provisions of article 26.2 of this royal decree, guaranteeing in any case to the user the constancy of the content of his low service request.

Article 8. Content of the contracts.

1. Contracts concluded by the end users of electronic communications services with operators shall specify at least the following aspects:

(a) The name or business name of the operator and the address of its principal place of business.

b) The customer service phone and, if applicable, other paths to that service.

c) The characteristics of the electronic communications service offered, the description of each of the benefits included in the contract, with the indication of which concepts are included respectively in the subscription fee and, where appropriate, in other quotas. The right of disconnection, where appropriate, and the manner of exercise thereof, shall be included in the cases referred to in Article 24.

(d) Individual levels of service quality established in accordance with the parameters and methods of measurement which, if any, is determined by the Ministry of Industry, Tourism and Trade, as well as the compensation associated with the non-compliance with the quality commitments and if they are offered automatically by the operator or at the request of the end user. These parameters will include the time relative to the initial connection's provisioning time

e) Prices and other economic conditions of services. General prices for the use of the service shall be included in the contract, including, where appropriate, the different concepts which integrate them and the services included in the contract. In addition, detailed arrangements for obtaining updated information on all applicable tariffs and maintenance fees shall be specified.

(f) Contract period, indicating, where appropriate, the existence of minimum hiring and renewal periods, as well as, where appropriate, the consequences of their possible non-compliance.

g) The detail, if any, of the links between the electronic communications service contract and other contracts, such as those relating to the acquisition of terminal equipment.

(h) Compensation and reimbursements policy, with indication of the compensation or reimbursement mechanisms offered, as well as the method of determining their amount.

i) Features of the included maintenance service and other options

(j) Procedures for the settlement of disputes between those provided for in Article 27, including, where appropriate, other procedures that the operator has created.

k) Causes and forms of extinction and renewal of the credit agreement, including, in addition to the general causes of extinction of the contracts, the unilateral will of the subscriber, communicated to the an operator with a minimum of two days ' notice to which it has to take effect, and the procedure for exercising this right.

l) Postal and e-mail address of the department or specialised customer service referred to in Article 26, operator's own telephones and, where appropriate, website, or any other additional means enabled by the operator, for the purposes of filing complaints, complaints, procedures with contractual impact and requests from the subscriber, specifying a simple procedure, free of charge and without additional charges, that allows the presentation of the same and their accreditation.

m) The website of the information that the operator must publish, in accordance with Article 12.

n) Recognition of the right to choose the means of payment, among those commonly used in commercial traffic.

o) Information concerning the processing of personal data of the client, in the terms required by the legislation in force in this field.

p) Customer information regarding the protection of personal data in the operation of networks and in the provision of electronic communications services, in the cases and with the content required by the provisions of the Chapter I of Title V of the Regulation approved by Royal Decree 424/2005 of 15 April, where applicable.

2. The minimum content provided for in the preceding paragraph shall also include, in the general and specific terms and conditions of the contracts of the end users of electronic communications services, in prepaid mode. These general conditions shall include the procedure, the balance and detail of the consumption, and the recharge.

Article 9. Contractual modifications.

1. Contracts for electronic communications services may only be amended for the valid reasons expressly provided for in the contract.

2. The end user shall have the right to terminate the contract in advance and without penalty in the cases provided for in the previous paragraph.

3. Operators shall notify the final user of the contractual amendments at least one month in advance, expressly reporting on the notification of their right to terminate the contract without penalty.

Article 10. Operator change processes.

1. Irrespective of the mechanisms used by operators for access to networks, the operator change processes shall be carried out, in general, by means of the end user's discharge with the operator of origin and the discharge of the operator of the operator. destination. For the purposes of processing the discharge, the subscriber must report it directly to the source operator in accordance with the procedure set out in the contract.

However, as set out in the preceding paragraph, the receipt by the originating operator of a valid operator change request with number retention shall mean the absence of such operator of all the associated services to the operator. telephone service identified by the cover numbering. The discharge shall take effect from the moment the original operator ceases to deliver the service effectively.

Also, in case an operator provides services supported by a line of ownership of another operator, a notification by that operator, through the regulated procedures for access to the networks, A technique that makes it impossible to continue in the provision of the service shall be considered by that operator to be a contractual discharge, once it has ceased to have access to the network.

2. Subscribers to the telephone service available to the public shall be entitled to keep, on request, the numbers assigned to them in the terms of Royal Decree 2296/2004 of 10 December 2004 approving the Regulation on markets for electronic communications, access to networks and numbering.

Article 11. Approval and notification of contracts and other conditions.

1. The Secretariat of State for Telecommunications and the Information Society will approve, after a report by the Telecommunications Market Committee, the Spanish Data Protection Agency and the National Consumer Institute, and with hearing of consumer and user associations, through the Consumers and Users Council, prior to their use, the general conditions of employment relating to the provision of communications services (a) electronic means that are subject to public service obligations. In the case where the approval procedure is processed, the operator is to be refused or the conditions are to be imposed, the operator must be granted a hearing procedure.

Contracts shall respect the minimum levels of quality that, if any, are established.

2. The Secretariat of State for Telecommunications and the Information Society shall approve, prior to its use, and with a report from the Commission on the supervision of the additional charging services, of the Spanish Agency for Protection the general conditions of employment relating to the provision of additional charging services as defined in Article 30 and shall establish, for the purposes of this Regulation, the general conditions for the provision of additional charging services as defined in Article 30. where applicable, the applicable mandatory conditions.

If in the processing of the approval procedure, this is to be denied or conditions are to be imposed, an audience procedure must be granted to the operator.

3. The general conditions of employment other than those referred to in the preceding paragraphs and their updates and amendments shall be communicated, at least one month in advance of their entry into force, to the Ministry of Industry, Tourism and Commerce, the Telecommunications Market Commission, the National Consumer Institute, the Spanish Data Protection Agency and the Consumer and Consumer Council. The latter body shall make them available to consumer and user associations integrated into it.

Operators providing the identification facilities of the calling line and the connected line shall communicate the information relating to the provision of such facilities to the entities referred to in the paragraph previous.

In addition, operators must notify those entities, with ten calendar days in advance of their entry into force, of the charges which must not necessarily be included in the contracts with the subscribers.

CHAPTER III

Right to truthful, effective, sufficient, transparent and up-to-date information on the concisions offered by operators and legal guarantees

Article 12. Right to truthful, effective, sufficient, transparent and up-to-date information.

1. Before contracting, electronic communications operators should make clear, effective, sufficient and transparent information on the characteristics of the electronic communications operators at the disposal of the end user in a clear, comprehensible and appropriate manner. of the contract, in particular its legal and economic conditions and the services covered by the contract.

Electronic communications service operators will publish their general terms of employment in an easily accessible place on their website. They shall also provide such written conditions, if requested by a final user, who shall not be required to pay any costs for their receipt, and shall inform the public on the telephone, which shall have the maximum cost of the price. Non-surcharge for the telecommunications service.

2. Operators providing the available telephone service to the public shall, by means of the means set out in the preceding paragraph, provide the following information:

(a) Your name or social reason and the address of your headquarters or principal establishment.

b) Regarding the available telephone service to the public:

1. Description of the services offered, indicating all the concepts included in the fee, in the subscription fee and in other periodic billing fees.

2. General Fees, including the access fee and all types of usage and maintenance fees, including detailed information on special and modulated reductions and rates.

3. The Policy of Compensation and Refunds, with concrete details of the compensation and reimbursement mechanisms offered.

4. º Types of included maintenance services and other options.

5. Normal Conditions of Employment, including the minimum time limit, where applicable.

c) Conflict resolution procedures, including those created by the operator itself.

(d) Information, where appropriate, about the rights in relation to the universal service, including the facilities and services referred to in Article 35 of the Regulation approved by Royal Decree 424/2005, of 15 April

3. Operators providing the facilities for the identification of the calling line and the connected line shall communicate the information relating to the provision of such facilities by the means referred to in paragraph 1 of this Article.

4. By order of the Minister for Industry, Tourism and Trade, the terms under which the information referred to in this Article should be published, in order to enable comparison, may be established.

Article 13. Commercial communications.

Commercial communications where reference is made to offers subject to temporary or other limitations should inform, in a manner appropriate to the limitations of the means used for communication, such limitations. The temporary limitations to which the tenders are subject, where appropriate, shall be reasonable.

CHAPTER IV

Right to receive telecommunications services with quality assurance, as well as to receive comparable, relevant and up-to-date information on the quality of electronic communications services available to the public

Article 14. Obligations on quality and billing.

1. Operators providing electronic communications services shall publish detailed, comparable, relevant, easily understandable, accessible and up-to-date information on the quality of the services they provide. This information will have to be entered on the operator's website. The parameters and methods for measurement shall be available to consumers who are natural persons and other end users.

For such purposes, the Minister for Industry, Tourism and Trade may specify, by order, among other elements, the quality of service parameters to be quantified, as well as the content and format of the information to be made public, the modalities of its publication and the conditions for ensuring the reliability and the possibility of comparison of the data, including the annual performance of audits.

2. Providers of electronic communications services available to the public shall provide the Ministry of Industry, Tourism and Trade, upon request, with the quality of service information required for the publication of the summary (a) comparative and for the monitoring and monitoring of the conditions for the provision of services and public obligations. Such information shall relate to the parameters established by the ministerial order referred to in the preceding paragraph. In addition, the obligation to report without the need for prior request may be established when significant degradation of the quality of service occurs, in the terms that are established there.

3. By order of the Minister for Industry, Tourism and Trade, mechanisms may also be established to ensure the accuracy of the invoicing carried out, which may include, in particular, the need for certain categories of operators, As those who provide service with charging depending on the duration of the connection, the volume of information or the distance, they must prove that their systems of measurement, charging and billing management comply with standards Quality assurance such as those of the ISO 9000 family.

CHAPTER V

Right to continuity of service and to be compensated in case of Interruption

Article 15. Right to compensation for temporary interruption of available telephone service to the public.

1. Where, during a billing period, a subscriber suffers temporary interruptions from the available telephone service to the public, the operator shall indemnify an amount which shall be at least equal to the greater of the following two:

a) The average of the amount invoiced by all services interrupted during the three months preceding the interruption, prorated for the duration of the interruption. In the case of an age of less than three months, the amount of the average invoice shall be taken into account in the total monthly payments made or the amount obtained in a monthly estimate in proportion to the actual consumption period. performed.

b) Five times the monthly payment fee or equivalent in force at the time of the interruption, prorated by the duration of the interruption.

The operator shall be obliged to indemnify the subscriber automatically, in the invoice corresponding to the immediate period considered when the interruption of the service implies the right to compensation for the amount exceeding 1 euro. The corresponding invoice shall include the date, duration and calculation of the amount of the compensation paid by the subscriber.

In the case of subscribers subject to prepayment, the corresponding adjustment in the balance shall be made within a period not exceeding that of the rest of the subscribers.

In interruptions due to force majeure, the operator shall be limited to automatically compensating the subscriber with the refund of the amount of the subscription fee and other independent of the traffic, prorated for as long as duration of the interrupt.

The telephone service credit agreement must include the terms and conditions under which this obligation will be met.

2. The provisions of the preceding paragraph shall not apply where the temporary interruption is motivated by any of the following:

(a) Serious non-compliance by the subscribers of the contractual terms, in particular in the event of fraud or arrears in the payment which will result in the application of the temporary suspension and interruption of Articles 19 and 20, respectively. In any event, the temporary suspension or interruption shall only affect the service in which the fraud or payment default would have occurred.

b) For damage to the network due to connection by the subscriber of terminal equipment that has not assessed the conformity, in accordance with the current regulations.

c) Non-compliance with the code of conduct by a user providing additional charging services, when the ownership of the credit agreement corresponds to the latter.

3. The compensation provided for in this Article is without prejudice to liability for damages to end users, which shall be required in accordance with Article 18.

Article 16. Right to compensation for temporary interruption of the Internet access service.

1. Where, during a billing period, a subscriber suffers temporary interruptions from the Internet access service, the operator shall compensate the subscriber with the refund of the amount of the subscription fee and other fixed, pro rata fees for the payment. time that the interruption would have lasted. For this purpose, the operator shall be obliged to indemnify the subscriber automatically, on the invoice corresponding to the immediate period considered, when the interruption of the service has been continuously or discontinuous, and more than six hours in hours from 8 to 22. The corresponding invoice shall include the date, duration and calculation of the amount of the compensation to be paid.

The Internet Access Service Credit Agreement must include the terms and conditions under which this obligation will be met.

2. The provisions of the preceding paragraph shall not apply where the temporary interruption is motivated by any of the following:

a) Serious breach by subscribers of contractual terms.

(b) Damage to the network due to the connection by the subscriber of terminal equipment that has not assessed the conformity, in accordance with the rules in force.

3. For the purposes of the right to compensation or compensation for the interruption of the Internet access service, and for the determination of its value, where an operator includes in its offer the possibility of contracting together services of telephony and other services such as Internet access, may indicate in its offer the part of the price corresponding to each service. Failure to do so shall be deemed to be the price of each of the individual contracts. If the operator does not market the services separately, the price for the Internet access service shall be deemed to be 50 per cent of the total price.

4. The compensation provided for in this Article is without prejudice to liability for damages to end users, which shall be required in accordance with the provisions of Article 18.

Article 17. Determination of users affected by a mobile phone service outage or mobile Internet access.

An outage of the service in an area is understood to affect a subscriber when any of the following circumstances apply:

a) The operator knows through its information systems that the subscriber was in the affected area at the time of the interruption.

b) The interruption affects the area where the address is located in the contract and the operator, through its information systems, cannot place it in another zone during the period of the interruption.

(c) The subscriber communicates to the operator, by means of a responsible statement, within 10 days of the re-establishment of the service, which has been in the area affected by the interruption at the time of the service. statement is not contradictory to the one obtained from the operator's information systems, the latter being duly communicated by the operator to the subscriber.

In any case, the information referred to in the above assumptions may not involve the processing of location data.

Article 18. Liability for damages.

1. Operators shall be liable for damages caused to end-users as provided for in civil or commercial law and, where appropriate, in the recast text of the General Law for the Defence of Consumers and Users and other laws complementary, approved by the Royal Legislative Decree 1/2007 of 16 November.

2. The liability provided for in this article is distinct and independent from that provided for in the preceding articles.

Article 19. Temporary suspension for non-payment of the telephone service from a fixed location.

1. The delay in the total or partial payment by the subscriber for a period of more than one month from the presentation to this of the charge document corresponding to the billing of the available telephone service to the public from a fixed location may give place, prior notice to the subscriber, to its temporary suspension. The non-payment of the charge for Internet access services or higher rate services, in particular for the additional charging service, shall only result in the suspension of such services.

In the event of a claim, it will be up to the operator to prove that they have made the notice prior to the suspension referred to in the previous paragraph.

2. In the case of a temporary suspension of the telephone service for non-payment, it must be maintained for all incoming calls, except for reverse charge calls, and outgoing calls for emergencies.

3. The subscriber has the right to request and obtain free of charge from the service operator the temporary suspension of the service for a specified period which shall not be less than one month or more than three months. The period may in no case exceed 90 days per calendar year. In the case of suspension, half of the proportional amount corresponding to the time it affects shall be deducted from the payment quota.

Article 20. Final default for non-payment of the telephone service from a fixed location.

1. The delay in payment of the telephone service available to the public from a fixed location for a period of more than three months or the temporary suspension, on two occasions, of the default contract in the payment of the corresponding services shall be entitled to the operator, prior notice to the subscriber, to the final interruption of the service and to the corresponding termination of the contract. The non-payment of the charge for Internet access services or higher rate services, in particular for the additional charging service, will only result in the interruption of such services

2. The conditions under which suspension or interruption of service may be effected in the cases provided for in this Article and in the previous article shall be set by ministerial order. In the same order the procedure to be followed for suspension or interruption shall be regulated.

CHAPTER VI

Right to invoicing broken down, to disconnection of certain services and to choose the means of payment of services among those commonly used in commercial traffic

Article 21. Invoicing of electronic communications services.

End users will have the right to have the operators submit invoices to them for the charges they incurred. Invoices must be made compulsory and duly differentiated in respect of the price concepts which are applied for the services provided. Subscribers to prepaid modes will be entitled to obtain equivalent information.

End-users of the telephone service shall be entitled to obtain detailed billing, with the breakdown set out in the following Article, without prejudice to the right of subscribers not to receive broken invoices, to the Article 66 of the Regulation adopted by Royal Decree 424/2005 of 15 April.

Article 22. Breakdown of phone service.

1. As set out in the previous article, end users will be entitled to have the telephone service operators available to the public submit invoices for the charges they have incurred, setting out the necessary differences. price concepts that are priced for the services that are provided, and even, upon request, to have independent invoices submitted to them for the additional charging services.

2. Furthermore, the end users of the telephone service available to the public will have the right to obtain detailed billing, without prejudice to the right of subscribers not to receive broken invoices, with the basic level of detail defined as the includes the separate identification of the following items:

a) The billing period.

b) The fixed monthly fee.

c) Other fixed monthly charges.

d) Any non-recurring fixed quota.

e) Detail of all communications invoiced, excluding communications in the form of low-priced tariff groups, such as metropolitan tariff groups, those of a normal hourly rate of less than the equivalent of 3 cents euro per minute or at the normal hourly rate of less than 20 euro cents per communication. This detail must include: the called number, the date and time of the call, the duration of the call, the rate applied, and the total cost of the call. Calls that are free of charge to the calling subscriber will not be included in the detailed invoice for that subscriber.

f) Data aggregated by differentiated tariff groups, such as: metropolitan, national, international, mobile and additional charging, including the number of calls made, the total number of minutes and the cost total for each group.

g) Tax base.

h) Total VAT or equivalent tax that applies to you.

i) Total invoice amount, including taxes.

Prepaid modes will have the right to have access to equivalent information, through the means specified in the corresponding general conditions.

3. In accordance with Article 35.2.e of the Regulation adopted by Royal Decree 424/2005 of 15 April, the basic level of details of the invoices for the telephone service available to the public will be offered free of charge by the operator to provide it as a universal service obligation.

In other cases, where operators do not offer such a basic level of detail free of charge, and also in relation to information on consumption made for prepaid subscribers, or for further breakdowns Detailed rules as referred to in the previous paragraph, operators shall specify their price within the terms of the provision of the service. However, where an invoice or a prepaid account is the subject of a complaint, in accordance with the procedure laid down in Article 27 of this royal decree, the operator shall provide the basic level free of charge upon request of the subscriber. details of the claimed account or invoice.

4. The breakdown set out in this Article is without prejudice to those laid down in paragraphs 8 and 11 of Order PRE/361/2002 of 14 February 2002 for the development of the rights of users and services of the European Union. Additional charges, Title IV of Royal Decree 1736/1998 of 31 July 1998, approving the Regulation implementing Title III of the General Law on Telecommunications.

Article 23. Integration of other charges on the invoice for electronic communications services.

1. Where the invoice for an electronic communications service includes amounts corresponding to services which do not have such a nature, the breakdown shall be compulsory, so that the amount of the amount can be identified corresponding to the electronic communications service or services.

The end user who pays the portion of the invoice that corresponds, according to the breakdown established in the previous paragraph, to the electronic communications service may not be suspended in the same, without prejudice to the debt that can be subsist for the amount paid in other concepts. For these purposes, in the event of disconformity with the invoice, the subscriber shall be entitled, upon request, to the obtaining of independent invoices for each service.

Failure to comply with the first paragraph of this article will empower the end user to consider that the entire invoice is being paid for services that do not have the consideration of electronic communications, by what their default may not entail for their suspension.

2. End users shall be entitled to obtain, at their request, independent invoices for the additional charging services and other higher tariff services and the guarantees on these services to be established in order ministerial.

3. The paid-to-be paid shall be entitled to the disaggregated information and to the guarantees provided for in this Article.

Article 24. Right to disconnect certain services.

1. Operators who provide the available telephone service to the public must ensure that their subscribers are entitled to the disconnection of certain services, including at least international calls and services. Additional charging.

2. Operators providing the available telephone service to the public shall regulate the form of exercise of the right of disconnection in their respective contracts. For this purpose, the subscriber shall inform the operator, his intention to disconnect from certain services, the written request, and those made by telephone or telematics, must be accepted in any case. The operator shall have to do so at the latest within 10 days of receipt of the communication from the subscriber. If such disconnection does not occur after those 10 days, for reasons not attributable to the subscriber, the operator shall be charged with the costs of the service whose disconnection is requested.

3. Invoices or charge documents issued by the operators providing the telephone service available to the public for the collection of the services provided shall reflect, at least semi-annually and in an appropriate manner to be perceived clearly by the subscriber, the right of disconnection established in this article. The terms and periodicity in which this obligation must be carried out may be implemented by means of a resolution of the Secretariat of State of Telecommunications and the Information Society, prior to the report of the National Institute of Consumption and, in the case of additional charging services, the Commission for the supervision of additional charging services.

4. In accordance with Article 35.2.c of the Regulation adopted by Royal Decree 424/2005 of 15 April, the disconnection of the services provided for in paragraph 1 shall be offered free of charge by the operator providing the service as universal service obligation.

Article 25. Means of payment.

Subscribers will be entitled to the choice of the means of payment among those commonly used in commercial traffic. The contract concluded between the operator and the end user must reflect this right.

CHAPTER VII

Right to efficient operator care

Article 26. Operators customer service.

1. Operators must have a dedicated customer service department or service, which is intended to address and resolve complaints and complaints and any contractual impact that their clients pose. The holders of the department or customer service shall be responsible for relating, where appropriate, to the administrative service for the settlement of disputes referred to in Article 27 and to which they shall send the information to them. required, with an indication of the reference number assigned to the corresponding claim.

By way of derogation from the preceding paragraph, by ministerial order, the exemption from the obligation to dispose of the department or its turnover may be established, depending on the number of employees of the operator or its turnover. specialised service referred to in that subparagraph, without prejudice to compliance with the other requirements laid down in Article 8.1.l.

2. The customer service of the operator, free of charge, must be provided in such a way that the end user is aware of the complaints, complaints and, in general, of all the procedures with a contractual effect that he carries out subscriber. For such purposes, the operator shall be obliged to inform the subscriber of the reference number of complaints, complaints, requests or demarches. The operator must admit, in any case, the telephone number for the submission of complaints.

If the means enabled by the operator for the attention of complaints, incidents or demarches with contractual incidence is telephone, the latter will be obliged to inform the consumer of his right to request a document that accredit the submission and content of the claim, incident or management by any support that permits such accreditation.

3. In the case of telephone or electronic procurement, if the end user receives an offer providing for the application of conditions other than the general conditions published in accordance with Article 12.1, the operator must send him within 15 months. days from the time of the procurement, a document in which the terms and conditions of the offer are expressed, with an express indication of their duration.

4. The customer service will be accessible to users with disabilities, as set out in Article 3 of the Regulation on the basic conditions for the access of persons with disabilities to technologies, products and services related to the information society and social media, approved by Royal Decree 1494/2007 of 12 November 2007, in accordance with the deadlines and conditions laid down therein.

5. The obligations incumbent on operators as set out in the above paragraphs are without prejudice to the provisions of State and regional legislation on the general protection of consumers and users.

CHAPTER VIII

Right to fast and effective ways to reclaim

Article 27. Disputes between operators and end users.

1. Without prejudice to the procedures for mediation or settlement of disputes which, where appropriate, have established the bodies responsible for the consumption of the Autonomous Communities, the subscribers may direct their complaint to the Secretariat of State of Telecommunications and the Information Society.

2. The procedure for resolving disputes before the Secretariat of State for Telecommunications and for the Information Society, as well as its scope and requirements, shall be governed by the order of the Minister for Industry, Tourism and Trade. The deadline for resolving and notifying the resolution shall be six months.

3. The Ministry of Industry, Tourism and Trade may authorise the extension of the time limits for the suspension or interruption of the service, upon request of any subscriber who has initiated the dispute resolution procedure to which he/she is refers to the previous section.

CHAPTER IX

Right to special benefits for people with disabilities and low income

Article 28. Measures to ensure accessibility to service by persons with disabilities.

1. In accordance with the provisions of Article 22 (1) (d) of Law 32/2003 of 3 November, General Telecommunications, the operators designated for the provision of universal service shall ensure that end-users with disabilities have access to the publicly available telephone service from a fixed location on comparable conditions to those offered to other end users.

Within the collective of persons with disabilities, persons who are blind or with serious visual difficulties, persons who are deaf or hard of hearing, are considered to be in serious difficulties, or with serious difficulties for speech, the disabled and, in general, any other with physical disabilities which clearly prevent them from normal access to the fixed telephone service or require a more onerous use of the fixed telephone service.

For the purposes of the above paragraph, the designated operator shall ensure that there is a sufficient and technologically up-to-date supply of special terminals, adapted to the different types of disabilities, such as text telephones, video phones or telephones with amplification for people with hearing disabilities, or solutions for visually impaired people to access the contents of the screens terminals, and will make sufficient dissemination of that.

The designated operator will submit, for approval by the Ministry of Industry, Tourism and Trade, plans for the adaptation of public payment telephones to facilitate their accessibility for users with disabilities and, in by blind, wheelchair-bound or low-size users.

The operator designated for the provision of universal service shall provide access to telephone guides via the Internet, in accessible format for disabled users, in terms and conditions of accessibility established for public administrations websites in the regulation on the basic conditions for the access of persons with disabilities to the technologies, products and services related to the society of the information and social media.

The obligations set out in this paragraph shall be carried out under the conditions laid down in Chapter II of Title III of the Regulation approved by Royal Decree 424/2005 of 15 April.

2. Operators shall provide visually impaired subscribers who so request, under accessible conditions and formats, with the contracts, invoices and other information provided to all subscribers in compliance with the provisions of the Law. 32/2003, of November 3, General of Telecommunications and its regulations of development in the field of the rights of the users. When the information or communication is made through the Internet, the provisions of the regulation approved by Royal Decree 1494/2007 of 12 November 2007, for the pages of the Public Administrations or with financing, will apply. public. The provisions of this paragraph shall be carried out in accordance with the terms laid down in that royal decree.

Article 29. Guarantee of the affordable nature of universal service.

The operator designated for the provision of the universal service shall provide its subscribers, under the conditions laid down in Chapter II of Title III of the Regulation approved by Royal Decree 424/2005 of 15 April, the access and use price programmes of the services included in the universal service enabling the ultimate control of the expenditure by the end user, in particular the following:

a) Social Abono. This price plan shall be intended for pensioners and pensioners whose family income does not exceed the indicator determined by the Government's Delegation for Economic Affairs at any time, and shall consist of the application of a bonus in the amount of the high fee and the periodic fixed fee.

b) Users who are blind or severely visually impaired. This plan will consist of the application of a certain franchise in calls to the telephone consultation service on subscriber numbers and in the setting of conditions for the free receipt of invoices and advertising information supplied to other fixed telephony subscribers on the conditions for the provision of the services, in Braille system or in letters or extended letters, without prejudice to the offer which may be made in others alternative systems or formats.

c) Users who are deaf or hard of hearing. This special pricing plan shall apply to calls made from any point in the national territory which have as their origin or destination a text telephony terminal and which are established through the intermediary service centre. for text phones.

CHAPTER X

Protecting the use of additional charging services

Article 30. Additional charging services.

1. For the purposes of this royal decree, additional charging services shall be considered to have been declared as such by the resolution of the Secretary of State for Telecommunications and the Information Society, the existence of a higher turnover than the cost of the electronic communications service and in the interest of a special protection of the rights of users.

2. By order of the Minister of the Presidency, on a proposal from the Ministers for Industry, Tourism and Trade and Health and Social Policy, the provision of additional charging services will be regulated, subject to a code of conduct, as the composition and functioning of the Commission for the supervision of additional charging services.

3. The provision of services to which you access through the dialing of telephone numbers, and whose charges appear on the same invoice as those corresponding to them, can only be made through numerical codes that have been attributed to the provision of additional charging services.

CHAPTER XI

Right to the protection of personal data

Article 31. Rights in the field of data protection.

For personal data, end users will be entitled to the following rights:

a) Protection of personal data about traffic.

b) Data protection in broken billing.

c) Data protection in the development of telephone and other telecommunications services.

d) Data protection in the provision of query services over telephone numbers.

e) Protection against unsolicited calls for business purposes.

f) Protection against the use of location data.

g) Protection of personal data in the provision of advanced telephony services.

The protection of personal data in electronic communications services will be governed by Law 32/2003 of 3 November, General Telecommunications, by Title V of the Regulation approved by Royal Decree 424/2005, of 15 April and, as otherwise provided for by those rules, by the provisions of the existing legislation on the protection of personal data.

CHAPTER XII

End-user obligations

Article 32. Obligations of end users.

End users of electronic communications services, in their relationships with operators, must meet the following obligations:

(a) Economic cooperation for the provision of service and compliance with other contractual terms.

The end user will have the obligation to deliver to the operator the economic consideration agreed upon in the contract when he has received the benefit in the terms provided for in the contract. The absence of such consideration shall entail the consequences provided for in the contract itself, without prejudice to the conditions and requirements laid down in Articles 19 and 20 of this royal decree.

End users will also be required to comply with all other conditions that are validly included in the contracts they conclude with the operators.

b) Use of the service for the intended purposes of the contract.

To be holders of the rights recognized to end users in this regulation, the use of the electronic communications service will be required for the purposes set out in the contract. In particular, users who act as resellers of the service shall not be entitled to the rights recognised in this Regulation, without prejudice to those rights which may correspond to them under the contract and the other applicable rules.

c) Using authorized appliances.

End-users must use equipment and equipment whose compliance has been evaluated in accordance with the current regulations on the conformity assessment of telecommunications equipment.

d) Network maintenance and equipment configuration beyond the network termination point.

For the proper reception of the electronic communications service, the correct configuration of the equipment and apparatus, as well as the maintenance of the network elements, will be the responsibility of the subscriber. place after the network termination point, correspond to the end user, unless otherwise specified in the contract.

e) Provision of personal data required by current legislation.

End-users shall provide the operator with the precise personal data for the purposes of the identification obligation in the procurement of prepaid mobile telephony services as set out in Law 25/2007, 18 of October, for the conservation of data relating to electronic communications and public communications networks.

First transient disposition. Rule life.

They will continue to apply until, in compliance with the provisions of this royal decree, they are replaced by others, the following rules:

(a) Order PRE/361/2002 of 14 February 2002 for the development of, as regards the rights of users and the additional charging services, Title IV of Royal Decree 1736/1998 of 31 July 1998 approving the Regulation for the development of Title III of the General Telecommunications Law.

b) Order ITC/912/2006 of 29 March on the conditions governing the quality of service in the provision of electronic communications services

(c) Order ITC/1030 2007 of 12 April 2007 regulating the procedure for the resolution of disputes claims between end-users and operators of electronic communications services and the provision of services to the public client by operators.

(d) Order ITC/30 8/2008 of 31 January, which provides instructions on the use of public numbering resources for the provision of short text message services and multimedia messages.

Second transient disposition. Specifications of the portability.

The Telecommunications Market Commission will make the necessary modifications to the regulatory specifications of the number conservation processes for the implementation of the deadline provided for in Article 44.3 of the Regulation adopted by Royal Decree 2296/2004 of 10 December, in its wording given by this royal decree. Once approved, and as provided for in these terms, compliance with this deadline will be required.

Transitional provision third. Codes for the provision of additional charging services.

The provisions of Article 30 (3) shall be enforceable only from the entry into force of the ministerial order approved pursuant to paragraph 2 of that Article.

Single repeal provision. Regulatory repeal.

1. Title VI of the Regulation on the conditions for the provision of electronic communications services, the universal service and the protection of users, approved by Royal Decree 424/2005 of 15 April, is hereby repealed.

2. Likewise, the provisions of equal or lesser rank are repealed as set out in this royal decree.

Final disposition first. Amendment of the Regulation on electronic communications markets, access to networks and numbering, approved by Royal Decree 2296/2004 of 10 December 2004.

The first subparagraph of Article 44 (3) of the Regulation on electronic communications markets, access to networks and numbering, approved by Royal Decree 2296/2004 of 10 December 2004, is hereby drawn up as follows: way:

" 3. The retention of the number shall be carried out within 2 working days from the date of receipt of the application for a reduction with number conservation. However, the technical implementation of the portability must be sufficiently flexible to accommodate future reductions in the effective implementation of the portability, in accordance with the current legislation, with the objective of achieving it within 24 hours. "

Final disposition second. Competence title.

This royal decree is issued under the provisions of Article 149.1.21. of the Constitution, which attributes exclusive competence to the State in the field of telecommunications.

Final disposition third. Incorporation of European Union law.

This royal decree incorporates into Spanish law Directive 2002/22/EC of the European Parliament and of the Council of 7 March 2002 on universal service and the rights of users in relation to networks and electronic communications services.

Final disposition fourth. Powers of development.

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

Final disposition fifth. Entry into force.

This royal decree will enter into force three months after its publication in the "Official State Gazette".

Given in Madrid, 22 May 2009.

JOHN CARLOS R.

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

MARIA TERESA FERNANDEZ DE LA VEGA SANZ