Article 81 of Law 4/1990, of 29 June, of the General Budget of the State for 1990, carried out the reorganization of the Spanish Tourism Administration, with the creation of the autonomous agency Instituto de Turismo de España, authorizing the Government to issue, by means of royal decree, the necessary rules for its organization and operation. At present, the legislation is approved by Royal Decree 723/2005 of 20 June 2005.

Subsequently, the Royal Decree 432/2008 of 12 April, which restructured the ministerial departments, and Royal Decree 438/2008 of 14 April, which established the new basic organic structure of the Ministry, were issued. Industry, Tourism and Trade up to the organic level of general direction.

Recently the Royal Decree 1182/2008, of July 11, has come to develop the new basic organic structure of the department, determining the management organs up to the organic level of general subdirection, defining its powers and by amending in its fourth final provision the Statute of the Spanish Tourism Institute to adapt its internal organisation and organic membership to the new basic structure of the Ministry of Industry, Tourism and Trade.

Likewise, it is necessary to adapt the Statute of the Institute of Tourism of Spain to the provisions of Royal Decree 810/2006, of 30 June, of the organization, functions and the provision of places of work of the Ministry of Tourism in Spain Diplomatic missions of Spain, in order to adapt them to the new circumstances and needs of companies, agencies and tourist entities.

All this makes it opportune to approve a royal decree that will collect in new normative text the Statute of the Institute of Tourism of Spain, adapting the regulation of its functions, organization and organic membership to the current one. basic structure of the Ministry of Industry, Tourism and Trade, in order to meet the objectives set by the Government in tourism.

In its virtue, at the initiative of the Minister of Industry, Tourism and Trade, on a proposal from the Ministers of the Presidency and the Economy and Finance and after deliberation by the Council of Ministers at its meeting on 8 April 2009.

DISPONGO:

Single item. Approval of the Statute of the Spanish Tourism Institute.

The Statute of the autonomous agency Instituto de Turismo de España is approved, the text of which is inserted below.

Additional disposition first. Subrogation on rights and obligations.

The Institute of Tourism of Spain (TURESPANA) shall be subrogated to the rights and obligations of the General Administration of the State by reason of the functions assigned to it, by virtue of the reorganization of the Administration Spanish tourist made by the final disposition fourth of the Royal Decree 1182/2008, of July 11, for which the basic organic structure of the Ministry of Industry, Tourism and Trade is developed, and integrates in the Institute of Tourism of Spain (TURESPANA) administrative units and powers of the Secretary of State for Tourism.

The goods affected will be assigned to TURESPANA, which corresponds to the exercise of the rights and the fulfilment of the obligations assumed.

Additional provision second. Removal of organs.

1. The following bodies are deleted with the rank of the general sub-directorate of the Spanish Tourism Institute:

a) The General Economic and Administrative Management Subdirectorate.

b) The General Subdirection of Foreign Promotion and Marketing.

c) The General Subdirection of Planning and Sustainability.

Additional provision third. Economic cost.

The application of the provisions of this royal decree will not imply an increase in public expenditure, with the expenses arising from the human resources and material resources available to TURESPANA being assumed.

Single transient arrangement. Units and jobs with lower organic level than general sub-direction.

The units and posts of lower organic level than the general sub-directorate which are affected by the modifications established in this royal decree shall remain and shall be remunerated from the same claims budget, until the relations of jobs adapted to the organic structure of this royal decree are approved.

Until the entry into force of the new employment relationship, the units and posts of work cited will be provisionally attached to the bodies regulated in this royal decree in accordance with the duties they have assigned, by resolution of the deputy secretary.

Single repeal provision. Regulatory repeal.

As many provisions of equal or lower rank are repealed, they oppose the provisions of this royal decree and, in particular, Royal Decree 723/2005 of 20 June, approving the Statute of the Institute of Tourism Spain, as well as the fourth final provision of the Royal Decree 1182/2008 of 11 July, for which the basic organic structure of the Ministry of Tourism and Trade is developed.

Final disposition first. Powers of development.

The Minister of Industry, Tourism and Commerce is hereby authorized to take the necessary steps to implement and implement this royal decree, prior to the appropriate legal procedures.

Final disposition second. Entry into force.

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

Given in Madrid, on April 8, 2009.

JOHN CARLOS R.

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

MARIA TERESA FERNANDEZ DE LA VEGA SANZ

STATUTE OF THE SPANISH INSTITUTE OF TOURISM

Article 1. Nature and legal status.

1. The Institute of Tourism of Spain is an autonomous body of the ones included in article 43.1.a) of Law 6/1997, of April 14, of the Organization and the Functioning of the General Administration of the State, attached to the Ministry of Industry, Tourism and Commerce through the Secretary of State of Tourism.

2. The Spanish Tourism Institute has its own distinct public legal personality, its own assets and its own treasury, as well as its autonomy of management and full legal capacity and, within its sphere of competence, the powers of the Institute of Tourism precise administrative arrangements for the fulfilment of its purposes, in accordance with the terms laid down in this Statute, except for the expropriation of power.

3. The autonomous agency Instituto de Turismo de España shall be governed by Article 81 of Law 4/1990 of 29 June of the General Budget of the State for 1990; by Law 6/1997 of 14 April of the Organization and the Functioning of the Administration General of the State; by Law 30/1992, of 26 November, of Legal Regime of Public Administrations and of the Common Administrative Procedure; by Law 30/2007, of October 30, of Contracts of the Public Sector; by Law 47/2003, of 26 of November, General Budget; by Law 33/2003, of 3 November, of the Heritage of the Public administrations; by this statute, and by the other legal provisions applicable to the autonomous bodies of the General Administration of the State.

4. It is up to the Ministry of Industry, Tourism and Trade the strategic direction, evaluation and control of the results of its activity, through the Secretariat of State of Tourism; it also corresponds to the control of efficiency, without prejudice to the competencies attributed to the General Intervention of the State Administration in the assessment and control of the results of public bodies in the state public sector.

Article 2. Finances and Functions.

1. They correspond to the Institute of Tourism of Spain, in the field of the competencies of the General Administration of the State, the following functions:

(a) Tourism cooperation and coordination with the Autonomous Communities, Local Authorities, and other ministerial departments, as well as with private actors, for the development of the bases and the general planning of the tourism policy, especially through the Sectoral Tourism Conference, the Spanish Tourism Council and the Inter-Ministerial Tourism Commission.

b) The development of plans and programmes that promote innovation, quality, sustainability and the competitiveness of tourism products and destinations.

c) To exercise the international tourism relations of the General Administration of the State, the international tourism cooperation in coordination with the Ministry of Foreign Affairs and Cooperation and the support to the In collaboration with the Secretariat of State for Trade, the Spanish tourist companies will be deployed abroad.

d) Planning, development and implementation of actions for the promotion of Spanish tourism in international markets, support for the marketing of products

e) Spanish tourism abroad and collaboration with the autonomous communities, local authorities and the private sector in programs to promote and market their products abroad.

f) The management and operation of tourist establishments, which are entrusted to them, as well as making investments corresponding to the assets of their own assets, assigned or in those whose use has been granted by others In particular, it is within its competence to set the strategy and planning of the investment in the construction of the Paradores de Turismo, and the effectiveness control of the Sociedad Paradores de Turismo, S.A., provided for in the article 81.dos.5 of Law 4/1990 of 29 June, without prejudice to the powers conferred on it Directorate General of the State Heritage in Law 33/2003 of 3 November of the Heritage of Public Administrations.

g) The investigation of factors affecting tourism, as well as the compilation, compilation and assessment of statistics, information and data relating to tourism. The creation and dissemination of knowledge and tourism intelligence and the coordination of information on the tourism sector generated by the different administrative units dependent on the Secretariat of State and the autonomous body Instituto de Turismo de España.

h) The drive to modernize the Spanish tourism system, improving scientific and technological capacity and increasing the effectiveness and efficiency of management processes.

2. In order to achieve its objectives, the Spanish Tourism Institute may promote and participate directly or indirectly in companies in the constitution or already constituted, the social objective of which is linked to its aims and objectives.

Article 3. Governing body.

1. The President of the Spanish Tourism Institute is the Secretary of State for Tourism.

2. Corresponds to the President:

a) The definition, development, coordination and implementation of the body's tourism policies.

b) The high direction and representation of the organism.

c) The approval of the body's overall action plans, as well as the preliminary draft budget and the management memory.

d) The instruction and proposal of approval of the strategic lines of action of the state society Paradores de Turismo de España, Sociedad Anonima.

e) The accountability of the body to the Court of Auditors, in accordance with the budgetary rules.

3. It is up to the President, with a rank of general sub-directorate, the Institute for Tourism Studies to exercise the functions of Article 2 (1) (f), in particular the investigation and compilation of statistics as well as the creation and dissemination of knowledge and tourism intelligence. The Palace of Congresses and Exhibitions of Madrid also depends on the President.

4. The acts and resolutions of the President of the Spanish Tourism Institute deplete the administrative route in the field of their competences.

Article 4. Directorate-General of the Spanish Tourism Institute.

1. The Institute of Tourism of Spain will have a Director General of the Institute, who will temporarily supply the President in case of vacancy, absence or illness.

2. It is for the Directorate-General of the Institute, under the President's top management, the following functions:

a) Planning, definition of objectives and evaluation of the performance of the Institute's action, as well as the development of tools and actions for the implementation of the Spanish Tourism Plan Horizon 2020, the impetus of its implementation and monitoring, as well as the communication, dissemination, participation and evaluation thereof.

(b) The exercise of the functions of tourism cooperation and coordination referred to in Article 2 (1) (a).

c) The design of strategies for the development and improvement of the planning and management of destinations based on public-private co-responsibility, social participation, sustainability and adaptation to new ones demand requirements.

d) The development of plans and programmes that promote innovation, quality, sustainability and the competitiveness of high value-added tourism products for the customer, as well as the promotion of new categories of product that contributes to the de-seasonalization of the offering.

e) The management of other economic support programs for the tourism sector that are assigned to the Institute of Tourism of Spain.

(f) to exercise the international tourist relations of the General Administration of the State, both on a bilateral basis and with multilateral international tourism organizations, as well as the exercise of the International tourism cooperation in coordination with the Ministry of Foreign Affairs and Cooperation. The information, the analysis of opportunities and the support to the implementation abroad of the Spanish tourism companies, in collaboration with the Secretary of State of Commerce, correspond to him.

g) The development and implementation of the plans for the promotion and marketing of Spanish tourism products on the external markets through the joint use of the various instruments and means of tourism promotion and, in particular, through the use of information and communications networks and technologies.

h) Market analysis and development of marketing promotion and support plans in collaboration with the autonomous communities, local authorities and the tourism sector; the exercise of immediate relations with the Spanish Tourist Offices and, in particular, the coordination and management control of their activities; the impetus and development to the application of information technologies for the improvement of the efficiency of the management processes and the provision of services by the Institute.

i) The management and control of human resources.

(j) The management and control of economic resources as well as the planning and coordination of the Institute's IT services, including the economic, contractual and administrative actions necessary for the functioning of the body, as well as management of assets or investments.

k) Set the strategy and planning of investments in the network of parators, and exercise the control of effectiveness as indicated in article 2.1.e with respect to the state society Paradores de Turismo de España, Sociedad Anonima.

3. It is for the Directorate-General of Tourism of Spain, in relation to the collegiate bodies of tourist scope: The Presidency of the Board of Directors of the Tourism Sectoral Conference and the secretariat of that Sectoral Conference, the secretariat of the Interministerial Committee on Tourism and a voice of the Spanish Tourism Council.

4. The Directorate General of the Spanish Tourism Institute is structured in the following units with an organic level of general sub-direction:

(a) The General Secretariat which, without prejudice to the other paragraphs, shall exercise the functions referred to in paragraphs 2.i) and 2.j.).

The General Secretariat will be entrusted with the communication, dissemination and corporate image of the agency, and the coordination of the units attached to it.

It will also be up to the Institute's technical assistance.

The holder of the General Secretariat may exercise those functions that are assigned to him by the Director General of the Spanish Tourism Institute and may supplement it in the cases of vacancy, absence or illness. or when required to do so.

(b) The General Subdirectorate for the Promotion and Marketing of Tourism, which shall exercise the functions referred to in paragraph 2.g.

(c) The Subdirectorate General for Planning and Coordination of the Spanish Tourist Offices, which shall exercise the functions referred to in paragraph 2.h); 2.i) in the field of the Spanish Tourism Counselors, and 2.j) It is also a question of how to deal with the actions and investments related to information technologies and the promotion of tourism abroad.

(d) The General Subdirectorate for Tourism Development and Sustainability, which shall perform the functions referred to in paragraphs 2.c), 2.d) and 2.e).

e) The General Subdirectorate for Tourism Cooperation and Competitiveness, which shall exercise the functions of Development paragraphs 2.b and 2.f.

5. Assists the Director General of the Spanish Tourism Institute, the Division of Information Analysis and Evaluation of Tourism Policies.

Article 5. Tourism Counselors.

The Tourism Counselors are specialized technical bodies of the Permanent Diplomatic Missions of Spain, which are administrative and budget dependent of the Secretariat of State of Tourism, through the Institute of Tourism of Spain and functionally, through the Director General of the agency, of the President of the Institute of Tourism of Spain, without prejudice to the powers of direction and coordination of the Heads of the Diplomatic Missions for the effective application of the rules establishing the principle of the unit of action abroad.

Article 6. Patrimonial regime of the Institute of Tourism of Spain.

The patrimonial regime of the Institute of Tourism of Spain will be established for the autonomous organizations in Law 33/2003, of 3 November, of the Heritage of Public Administrations.

Article 7. Economic resources.

For the fulfilment of its purposes, the Institute of Tourism of Spain will have the following resources:

(a) The appropriations which are entered in their favour in the General Budget of the State.

(b) Goods and rights which constitute their assets and the products and income of the property and property which they have attached to, or whose administration and exploitation is attributed to them.

To these effects, they form part of the patrimony attached to the Institute of Tourism of Spain the assets of the patrimony of the State in which it develops its commercial activity the state society Paradores de Turismo de España, Sociedad Anonymous, and have been made available by the Institute of Tourism of Spain.

The Spanish Tourism Institute is also credited with the use and eventual marketing of the brands that the State holds for the promotion and dissemination of Spanish tourism.

(c) The income of public or private law that it is entitled to receive and those that occur as a result of its management and operating activities or the provision of its services.

(d) Grants, voluntary contributions or grants awarded to or awarded to other public entities and private bodies or persons.

e) Any other economic, ordinary or extraordinary resources that may be attributed to it.

Article 8. Economic and financial regime.

The budgetary, economic-financial, accounting, intervention and financial control regime of the Spanish Tourism Institute will be established in Law 47/2003 of November 26, General Budget.

Article 9. Recruitment scheme.

The contracting regime of the autonomous agency Instituto de Turismo de España will be established in Law 30/2007, of October 30, of Public Sector Contracts.

Article 10. Staff scheme.

The staff of the autonomous agency Instituto de Turismo de España may be official or work.

Official staff shall be governed by Law 7/2007 of 12 April of the Basic Staff Regulations and by the remainder of the law of public function applicable to the General Administration of the State.

The employment staff shall be governed by the provisions of Law 7/2007 of 12 April, which shall be so provided and by labour law and other conventionally applicable rules.