The experience gained in the application of the provisions of article 68 of Law 16/1985 of 25 June, of the Spanish Historical Heritage and of Article 58 of Royal Decree 111/1986 of 10 January, for which it is developed This Law, which provides for the obligation that in all public works financed wholly or in part by the State, be included an equivalent item of at least one percent of the State contribution funds, advises establish a uniform procedure for the holding of these credits and their subsequent allocation and distribution, based on the provisions of the various collaboration agreements signed between the Ministries of Culture and Development since 1994, for joint action in the Spanish historical heritage, in such a way as to ensure that Unit policy in relation to the cultural one per cent of the Ministry of Public Works.

In the last agreement signed, dated April 28, 2005, it is established that the amount resulting from the one percent cultural work carried out by the Ministry of Public Works will be allocated, by 90%, to finance jobs. for the preservation and enrichment of the historical heritage or for the promotion of artistic creativity, as well as for the financing of the actions agreed by the Joint Committee established for the purpose, and the remaining 10%, to the financing of the activities of the Centre for Historical Studies of Public Works and Urbanism (hereafter CEHOPU), responsible for the recovery and enhancement of public works in Spain as a historical and cultural phenomenon, in accordance with the provisions of the Order of the Minister of Public Works of 12 December 1997.

In the current basic structure of the Ministry of Public Works approved by Royal Decree 1476/2004 of June 18, it is entrusted, as set out in Article 11.2. (i) to the Secretariat the functions necessary for the management of the funds intended to finance conservation or enrichment work of the historical heritage or to promote artistic creativity.

Consequently, with the existing structure and the responsibility of the Secretariat to undertake the policy of one percent cultural, it is appropriate to adapt the management procedures so that the financing of the CEHOPU is accommodated to the general arrangements for the allocation of resources and the corresponding credit deductions.

In its virtue, in accordance with the provisions of the final provision of Royal Decree 1476/2004 of 18 June 2004, on a proposal from the Assistant Secretary for Development, I have:

Article 1. Credit Retention.

1. In order to finance the conservation or enrichment work of the Spanish historical heritage, the Directorates-General of the Ministry of Public Works, when dealing with the procurement files of the public works referred to by the Article 58 of Royal Decree 111/1986, of 10 January, shall carry out for each work affected and prior to the audit of the expenditure, a credit retention amounting to 1 per 100 of its budget.

2. The retention of this credit may be distributed over several years, according to and in proportion to the annuities provided for the execution of the work.

Article 2. Credit transfers.

The total amount retained for each work affected in accordance with the provisions of the previous article, will be communicated to the Directorate General of Economic Programming, referring to the original credit retention certificate.

The Directorate-General for Economic Programming will disaggregate the amounts retained in two separate items: the first, made up of 90% of the total amount retained on the basis of the previous article, with the financing of the plans for the conservation or enrichment of the Spanish historical heritage, in accordance with the provisions of Article 58.3 of Royal Decree 111/1986 of 10 January 1986, and the second, of the remaining 10%, for the financing of the activities programmes of the Centre for Historical Studies of Public Works and Urbanism (CEHOPU).

Article 3. Allocation of the retained appropriations to the Secretariat of the Ministry of Public Works.

1. The Directorate-General for Economic Programming shall process the accounting documents necessary for credit transfers, as their destinations are identified and in accordance with the following paragraphs.

2. The first of the appropriations referred to in the previous Article shall be transferred to the Subsecretariat for Development in order to meet the financing needs of the actions which, during the year, are to be included in the plans or programmes for the conservation or enrichment of Spanish historical heritage, as follows:

(a) The Joint Commission provided for in the collaboration agreement between the Ministries of Culture and Development for the joint action in the Spanish Historical Heritage through the one percent cultural, of 28 April 2005, agree on the actions to be funded from 1 per 100 cultural.

(b) Credit transfers shall be processed, subject to the corresponding minutes of the meetings held by the Joint Committee with the Directorate-General for Economic Programming. The minutes shall include the name of each action agreed, its amount, the expected deadline for implementation and the method of financing.

(c) The maximum amounts authorised shall not exceed the amount retained for these concepts, except as provided for in Article 4.1.c.

Article 4. Allocation of retained credits to the Center for Historical Studies of Public Works and Urbanism (CEHOPU).

1. The deductions made for the financing of the activities of the CEHOPU will be transferred to the Center for Studies and Experimentation of Public Works (CEDEX), increasing the grant to the agency with repercussions in its budget of expenditure, in accordance with the following paragraphs:

(a) The CEDEX will present, within the first quarter of each year, the Subsecretariat of Fomento, which will raise it to the Joint Commission for its knowledge, a detailed relationship of the activities of the CEHOPU that it intends to finance with the second item of the appropriations referred to in Article 2, throughout the whole annuity, for the fulfilment of the tasks referred to in Article 11 of the CEDEX Statute, approved by Royal Decree 1136/2002 of 31 December 2002. October. This relationship may include multi-annual projects

b) Upon presentation by the CEDEX of the budget and detailed development schedule for each of the activities scheduled before the Assistant Secretary for Development, it will forward it to the Directorate General for Economic Programming for the processing of the relevant credit transfer, the amounts being delivered to the account and as requested by the CEDEX. Maximum amounts that are authorized may not exceed the amount retained for these concepts.

(c) If there are quantities retained in this credit without authorisation after the first of October of each year, they shall be used to increase the amounts intended to finance the conservation plans or programmes. enrichment of the Spanish historical heritage, as provided for in Article 58.3.b) of Royal Decree 111/1986 of 10 January.

2. At the first meeting to be held each year by the Joint Committee, the Secretariat of the Joint Committee will raise, for its own knowledge, a memory of the activities of the cultural one by the Ministry of Promotion of Conservation and Enrichment. of the Spanish historical heritage. For its preparation, the CEHOPU shall communicate to that secretariat, before the first of February of each year, a list of the concepts and quantities actually invested for each of the actions carried out during the annuity. previous.

Article 5. Remaining unexecuted credit.

The amounts withheld in any of the credits, which could not be transferred over the course of the year, will be sent by the Directorate-General for Economic Programming to the Ministry of Finance's Directorate-General for Budgets. Economy and Finance, for the purpose of authorizing the corresponding extension of credit in the budget of the Ministry of Culture, in accordance with the provisions of Article 58.5 of Royal Decree 111/1986 of 10 January.

Article 6. Repeal of previous rules.

All those provisions of equal or lower rank that oppose the provisions of this order and, in particular, the Ministry of Public Works, the Order of the Minister of Public Works and Urbanism, are repealed. 28 August 1986 and the Order of the Minister of Public Works of 12 December 1997.

Single additional disposition. Deadline for the submission of activities during 2008.

The CEHOPU will present within three months of the entry into force of this order, the detailed relationship of the activities to be financed by the one percent cultural corresponding to 2008, including in it actions resulting from the implementation of the provisions of the transitional provision unica.1 of this order.

Single transient arrangement. Scheme of quantities not applied.

1. The amounts derived from appropriations to finance activities of CEHOPU which, prior to the entry into force of this order, have been transferred to CEDEX and have not been applied for this purpose, shall be allocated within a maximum period of four years, to finance the actions provided for in Article 4 (7), (8) and (9) of Royal Decree 1136/2002 of 31 October 2002.

2. The implementation of these funds may be carried out by including additional actions in the detailed relations of activities which CEDEX is required to present within the first quarter of each year, as provided for in Article 4.1.a. The Subsecretariat of Promotion may, however, agree to the income of the funds not executed in the Public Treasury, in order to allow the generation of relevant credit to be authorized in the budget of the Ministry of Development for the financing of actions falling within the scope of Article 4 (7), (8) and (9) of Royal Decree 1136/2002 of 31 October 2002

Single end disposition. Entry into force.

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

Madrid, April 28, 2008. -Minister of Development, Magdalena Alvarez Arza.