Article 291 of Law 30/2007, of October 30, of Public Sector Contracts (LCSP), establishes the possibility of constituting Contracting Boards in the ministerial departments and their autonomous organizations, which will act as contracting authorities, with the quantitative limits or references to the characteristics of contracts to be determined by the holder of the Department.

Moreover, in accordance with the provisions of Article 79.2 of Royal Decree 1098/2001 of 12 October 2001, approving the General Regulations of the Law on Contracts of Public Administrations and Article 295.1 of the LCSP, except in cases where the competence to hire corresponds to a Board of Contracting, in the open and restricted procedures and in those negotiated with publicity referred to in Article 161.1of the LCSP, the organs of The contracting authorities will be assisted by a recruitment bureau, which will be the competent authority for the assessment of tenders.

The Royal Decree 432/2008 of 12 April, for which the ministerial departments are restructured, creates the Ministry of the Environment and the Rural and Marine Environment. This Ministry took over the responsibilities assigned to the Ministries of Agriculture, Fisheries and Food and the Environment to that date, as well as those developed by the Ministry of Development in the field of protection of the sea.

The organic structure of the Ministry of Environment and Rural and Marine Environment approved by Royal Decree 438/2008 of 14 April, and developed by Royal Decree 1130/2008 of 4 July, advises the creation of a Board of Contracting the common services and the General Secretariat of the Sea of the new Department and a Bureau of Procurement for those assumptions in which the competition to hire does not correspond to the Board of Contracting.

In her virtue, after the approval of the Minister of Public Administrations, I have:

First. Creation and composition.

1. The Board of Contracting of the common services and the General Secretariat of the Sea of the Ministry of Environment and Rural and Marine Environment, attached to the Secretariat, are created with the composition and functions that are regulated in this order.

2. It shall be composed of the following members:

President: The owner of the Services General Directorate.

Vice President: The head of the Financial Management and Contracting General Subdirectorate.

Vocals:

Three representatives of the Secretariat, with the rank of Deputy Director General or assimilated, appointed by the Undersecretary.

A representative of the Secretary of State for Rural Affairs and Water, with the rank of Deputy Director General or assimilated, appointed by the Undersecretary on the proposal of the Secretary of State for Rural Affairs and Water.

A representative of the Secretary of State for Climate Change, with the rank of Deputy Director General or assimilated, appointed by the Undersecretary on the proposal of the Secretary of State for Climate Change.

Two representatives of the General Secretariat of the Sea, with the rank of Subdirector General or assimilated, appointed by the Undersecretary on the proposal of the person who holds the General Secretariat of the Sea.

A State Advocate for the State's Attorney in the Department.

A Controller of the Delegate Intervention in the Department.

Secretary: The head of the Deputy General Administration of Financial Management and Recruitment.

3. The members of the Board of Recruitment shall be replaced in the case of a vacancy, absence or illness and, in general, where there is a justified cause, by their alternates, who shall also be appointed by the Deputy Secretary on a proposal from the respective bodies of provenance.

4. Where the object of the contracts so advises, a representative appointed by the head of the management body responsible for the file to be treated may be incorporated into the Board of Contracting, as a voice and without a vote, as a representative of the management body responsible for the file. the corresponding session.

Second. Functions of the Board of Contracting of the common services and the General Secretariat of the Sea of the Ministry of Environment and Rural and Marine. -The Board of Contracting will have as functions:

1. Act as the contracting authority for the common services and the General Secretariat of the Sea for the following contracts, in accordance with Article 291.4 of the LCSP, in the following cases:

(a) Contracts for simple repair, restoration or rehabilitation, maintenance and maintenance of a budget of more than EUR 50 000, except where, exceeding this amount, the works declared as contracting centralised within the meaning of Article 190 of the LCSP.

(b) Contracts for the supply of consumable goods or for easy deterioration in use, the budget of which is more than EUR 18,000, except where, exceeding this amount, the goods are declared as centralised contracting goods within the meaning of the which establishes Article 190 of the LCSP.

(c) Service contracts with a budget of more than EUR 18,000, unless, in excess of this amount, they are declared as centralised procurement services within the meaning of Article 190 of the LCSP.

(d) Supply and service contracts, other than those attributed to the Board's competence in accordance with previous letters affecting more than one contracting authority, with the exception of those for goods or services centralized procurement services.

The approval of the procurement files referred to in the previous paragraphs does not include the approval of the corresponding expenditure.

2. Schedule the Department's hiring and channel the information to be communicated to the Public Sector Contract Registry, for which it will have to obtain from the different contracting authorities the fulfillment of the communication models and the precise information on their semi-annual, annual and multi-annual forecasts.

3. Carry out the monitoring and control of the procurement performed at the Department, in order to carry out a comprehensive assessment of the annual results. For these purposes, the contracting authorities shall send quarterly information concerning the preparation, award, formalisation, execution, occurrence and termination of contracts in which the Board does not act as a contracting authority, as well as that referred to the execution and extinction of those others in which it acted as a contracting authority.

The contracting authorities shall also, on a quarterly basis, send the information relating to minor contracts, which shall be subject to a differentiated treatment.

4. The elaboration and dissemination of the mandatory guidelines and the recommendations on recruitment in the Department.

5. To prepare, in advance of the corresponding reports, the standard models of documents for the processing of the different procurement modalities and for the formalisation of the work of the Board of Recruitment.

6. The annual elaboration of a report on the procurement data in the Department's common services for elevation to the Secretariat.

7. To study previously and to approve, prior to the report of the Legal Service of the State, the Annexes I in which the specifications of each contract are particularized and concretized in the specifications of the particular administrative clauses of the contracts in which the Board is the contracting authority.

8. To study beforehand and propose, prior to the report of the State Legal Service, the approval of the Annexes I in which the specifications of each contract are particularized and concretized in the documents of administrative clauses In the case of contracts where the Board is not the contracting authority, it shall be integrated into the central services.

Third. Procedure.

1. The Board of Contracting shall be governed, in respect of its operation, by the provisions of this order, by the rules of internal operation which it may approve and, in the absence of such provisions, by the rules applicable to it. the development of the LCSP and the provisions of Title II of Law 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and Common Administrative Procedure.

2. In order to adopt the agreements referred to in points 2, 3, 4 and 6 of the second paragraph of this order, as well as for the approval of the internal operating rules referred to in the preceding paragraph, it shall be necessary for the Board of Contracting is constituted at least with two thirds of its members.

3. The Board of Contracting shall establish the mechanisms for communication and scheduling of meetings that allow effective coordination with other possible collegiate bodies of the Department, especially with the Ministerial Committee of Administration. Electronics.

4. The Board of Contracting shall meet regularly on a regular basis, subject to the order of its President. It shall meet, in an extraordinary manner, whenever the President considers it necessary in the light of the importance of the matters to be dealt with.

Fourth. Hiring table.

1. A Bureau for the procurement of the common services and the General Secretariat of the Sea of the Ministry of the Environment and Rural and Marine Environment, attached to the Secretariat, is hereby established in accordance with the provisions of Article 79.2 of the Royal Decree 1098/2001, of 12 October, approving the General Regulations of the Law of Contracts of Public Administrations and Article 295.1 of the LCSP.

2. It shall be composed of the following members:

President: The owner of the Services General Directorate.

Vice President: The head of the Financial Management and Contracting General Subdirectorate.

Vocals:

Three representatives of the Secretariat, with the rank of Deputy Director General or assimilated, appointed by the Undersecretary.

A representative of the Secretary of State for Rural Affairs and Water, with the rank of Deputy Director General or assimilated, appointed by the Undersecretary on the proposal of the Secretary of State for Rural Affairs and Water.

A representative of the Secretary of State for Climate Change, with the rank of Deputy Director General or assimilated, appointed by the Undersecretary on the proposal of the Secretary of State for Climate Change.

Two representatives of the General Secretariat of the Sea, with the rank of Subdirector General or assimilated, appointed by the Undersecretary on the proposal of the person who holds the General Secretariat of the Sea.

A State Advocate for the State's Attorney in the Department.

A Controller of the Delegate Intervention in the Department.

Secretary: The head of the Deputy General Administration of Financial Management and Recruitment.

3. The members of the Bureau of Employment shall be replaced in the event of a vacancy, absence or illness and, in general, where there is a justified cause, by their alternates, who shall also be appointed by the Deputy Secretary on a proposal from the respective bodies of provenance.

4. In accordance with the provisions of Article 295 of the LCSP, the contracting authority shall be responsible for assisting the contracting authority in assessing tenders for contracts which do not fall within the competence of the Contracting Board.

5. The meetings of the recruitment bureau may be incorporated by the officials or specialised advisers necessary, depending on the nature of the matters to be dealt with, which shall act with a voice but without a vote.

6. The recruitment bureau shall meet, on a request from its chairman, to deal with the dossiers which, in accordance with the provisions of this order, are to be submitted to its study and to draw up a proposal for the procurement.

Single transient arrangement. Files which have been initiated prior to the establishment of the contracting authorities covered by this order.

1. The procurement files initiated prior to the establishment of the collegiate bodies established by this order and the processing of which has been known by the contracting authority of the central services of the extinct Ministry of Agriculture, Fisheries and Food shall be processed by the collegiate bodies provided for in this order.

2. In the meantime, the collegiate bodies regulated in this order, in order to deal with the procurement files, will continue to remain the collegiate bodies in the procurement of the extinct Ministry of Agriculture, Fisheries and Food and the Environment, incorporating as voice voice and voting representatives of the management bodies related to these files.

Single repeal provision.

The Order of 30 September 1997 ("Official State Gazette" of 14 October 1997) is hereby repealed, establishing the Contracting Board and the Contracting Bureau of Central Services, at the Ministry of Agriculture, Fisheries and Food.

Single end disposition. Entry into force.

This order shall enter into force on the day following that of its publication in the "Official State Gazette".

Madrid, 17 February 2009. -Minister for the Environment, and Rural and Marine Environment, Elena Espinosa Mangana.