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Royal Decree 1133 / 2007 Of 31 August, Amending Chapter Iii Of The General Regulations For Official Chambers Of Commerce, Industry And Navigation, Which Regulates The Electoral System.

Original Language Title: Real Decreto 1133/2007, de 31 de agosto, por el que se modifica el capítulo III del Reglamento General de Cámaras Oficiales de Comercio, Industria y Navegación, que regula el sistema electoral.

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The basic operating system of the Chambers of Commerce, Industry and Shipping is contained in Law 3/1993 of 22 March of Chambers of Commerce, Industry and Shipping. The rule has the same basic character because these bodies develop functions of a public nature and therefore the State has the power to regulate, under Rule 18 of Article 149.1 of the Constitution, the bases of its Legal regime. However, prior to the passage of the Law, the Chambers were operating under a very detailed constitutional legal regime, within which the General Regulation of the Chambers of Commerce, Industry and Navigation was highlighted. adopted by Decree 1291/1974 of 2 May 1974. Moreover, in the exercise of its powers in the field of internal trade and Chambers of Commerce, the various autonomous communities have been developing an important regulatory activity applicable to each of the territories. One of the aspects that has always been most complex has been the issue of the electoral system of the Chambers of Commerce. This has been developed by a large part of the autonomous communities through general rules or specific provisions in each of the electoral calls. From the point of view of the State, the rule governing the same rule is set out in the abovementioned General Regulation, which was amended by Royal Decree 816/1990 of 22 June 1990. This scheme is directly applicable to the Chambers of Commerce, Industry and Navigation of the cities of Ceuta and Melilla, on which the State has the powers of administrative protection. However, given that certain precepts regulate basic aspects of the electoral system, the Autonomous Administrations have been informed and consulted. The experience available throughout the last electoral processes and the information accumulated by the administrative bodies responsible for their protection, makes it possible to identify the points on which the main focuses have been problems of implementation, as well as the main shortcomings and loopholes. The royal decree seeks to adapt the electoral system of the Chambers of Commerce, Industry and Navigation to the provisions of Law 3/1993 of 22 March 1993 and to introduce improvements in various dysfunctional aspects of the electoral process. The experience of the last few years has shown. For this reason, apart from considering measures to improve administrative procedures and to speed up the electoral process, the possibilities offered by technological advances in the field of information and information are also incorporated into the process. communications. Thus, the main changes in the electoral system of the Chambers of Commerce, Industry and Navigation can be achieved in the following:

(a) As regards its scope, it is clear that the standard is designed for direct application to the Chambers of Commerce, Industry and Navigation of the cities of Ceuta and Melilla, since in these cases the cities mentioned above have assumed the powers on the subject. However, it has been considered necessary to introduce, by way of exception, certain provisions of a basic nature in the rule, justified as matters of importance in interadministrative cooperation (in this case with the State Agency). In the case of the tax authorities, the State Post and Telegraph Society and the labour authority, and in the incorporation of the information technologies to the procedure through electronic voting. The provision in a regulation of these basic provisions is justified by its technical nature, which requires a treatment for which a formal law is not the appropriate legal instrument. These basic precepts do not introduce any modification in the autonomous regulations and assume for the General Administration of the State to assume an obligation of collaboration in the development of the electoral procedure.

(b) As regards electoral law, the text of the Regulation has been adapted to the wording of Law 3/1993 of 22 March 1993 and the formalities for the accreditation of the voters acting in the representation of legal persons. c) Measures have been introduced for the improvement of the census, its consultation and updating. d) On the other hand, some provisions have been made to clarify the criteria for the elaboration of the candidacies of what is commonly known as "collaborators" or also "co-optation vowels", introducing criteria parity in the representation. (e) The system of resources and guarantees has also been clarified and the transparency of the process has been strengthened through the promotion of the use of new technologies. (f) The measures aimed at encouraging the participation of entrepreneurs in the process include the improvement of vote by mail and the introduction of electronic voting in accordance with Rule 21 of Article 149.1 of the Constitution. (g) Finally, provisions have been introduced in relation to the exercise of the functioning of the bodies and to the coverage of vacancies.

For the elaboration of this royal decree, the autonomous communities have been consulted through the Board of Directors General of Commerce and the Superior Council of Chambers.

In its virtue, on the proposal of the Minister of Industry, Tourism and Trade, with the prior approval of the Minister of Public Administrations, in agreement with the Council of State and after deliberation of the Council of Ministers in its Meeting of the day 31 August 2007,

D I S P O N G O:

Single item. Amendment of Chapter III of the General Regulation of the Official Chambers of Commerce, Industry and Navigation approved by Decree 1291/1974 of 2 May.

Chapter III of the General Regulation of the Official Chambers of Commerce, Industry and Navigation, approved by Decree 1291/1974 of 2 May, as amended by Royal Decree No 816/1990 of 22 June 1990, is drawn up by the next way:

" Article 16. Electors.

1. They shall have the status of electors in the respective Official Chambers of Commerce, Industry and Navigation natural or legal persons, national or foreign, engaged in commercial, industrial or shipping activities on national territory and registered in the last census approved by the Corporation, in accordance with their respective rules of procedure, provided that they are not disabled by some of the cases which determine incapacity in accordance with the provisions of the the rules in force.

Foreign voters must be in a position of residence in accordance with the provisions of the Organic Law 4/2000 of 11 January on the rights and freedoms of foreigners in Spain and their social integration, and in its development regulations. 2. Activities included and excluded in the previous paragraph shall be considered as activities provided for in Article 6.2 of Law 3/1993 of 22 March. 3. A natural or legal person shall be deemed to engage in a commercial, industrial or shipping activity when, for this reason, he is subject to the Economic Activities Tax or tribute which replaces him. 4. Natural persons shall exercise their right to the right to vote in person; minors and the disabled, by means of persons assigned to them for the exercise of business. Legal persons shall exercise their active electoral rights by means of a representative with sufficient power, of a general or specific nature, for the vote. The representative must have an employment relationship with the undertaking of an indefinite nature or perform functions of ordinary representation of the undertaking. 5. Natural or legal persons who have establishments, delegations or agencies in constituencies corresponding to the demarcation of several Chambers shall have the status of electors in each of them. The same rule shall apply to undertakings which have their registered office in the demarcation of one Chamber and to carry out their activities in that of another or other.

Article 16a. Electoral census.

1. The electoral census of the Chambers shall comprise all of its constituents, classified by groups and categories, in consideration of the relative economic importance of the various sectors represented, in the manner determined by the respective The Executive Committee shall, by reference to 1 January, form and review each year.

2. In order to be elected on their own behalf or on behalf of legal persons, the age and capacity laid down in the current general electoral legislation will be required. 3. The State Tax Administration Agency, as well as the other territorial administrations competent in tax matters, will collaborate with the governing bodies of the Chambers to provide them with the necessary information for the drafting and constitution of the censuses. To this end, the State Tax Administration Agency shall have the information to be released from the Census of the Economic Activities Tax or the tribute that replaces it. 4. For electoral purposes and with guarantees arising from the legal regime for the protection of personal data, the tutoring administration may obtain from the governing bodies of the Chambers the necessary information contained in the electoral census.

Article 16b. Eligible.

1. In each Chamber, a free, equal, direct and secret ballot shall be chosen between all the constituents of the Chamber, classified in groups and categories, a number of members as determined by the rules of procedure of not less than 10 above sixty. In order to be eligible as a member of the plenary by direct election, the following requirements shall be met: (a) Having the Spanish nationality or a Member State of the European Union, that of a State party to the Agreement on the Economic Area European, or that of a State whose nationals are extended by virtue of the relevant International Agreement or Treaty, the legal regime envisaged for the citizens mentioned above.

b) Forming part of the House census. (c) Be an elector of the group or category concerned. (d) Being of age if it is a natural person. (e) to be aware of the payment of the permanent use of the appeal or, where appropriate, to have the lodging of an appeal against the relevant decision or to have a moratorium or deferral of payment granted. (f) Take at least two years of business activity in the Spanish territory, or at the level of the European Union in the case of companies from other Member States. This circumstance shall be credited by the discharge in the corresponding Economic Activities Tax census or, where appropriate, equivalent accreditation for the exercise of the activity in the case of other countries of the European Union. (g) Not to be an employee of the Chamber or to be participating in works or contests that the Chamber has convened, at the time of filing or holding elections. (h) Not be disabled by incapacity, ineligibility or incompatibility by the rules in force, nor be it in a court-supervised process which is qualified as a guilty party, nor is it subject to a custodial sentence.

2. Persons who are not nationals of Spain or of the nationalities referred to in point (a) of the preceding paragraph may be candidates in accordance with the principle of reciprocity, provided that they satisfy the other conditions laid down in the Previous paragraph.

3. The members of the plenary referred to in paragraph 1 shall elect a number ranging from 10 to 100 to 15 per 100 of the members of the direct election, who shall determine the tutoring administration, between natural persons of recognized prestige in the economic life within the constituency of each Chamber, according to the following criteria:

(a) These vowels will be proposed by the most representative intersectoral and territorial business organizations. The tutelary administration may specify the criteria to be determined by this most representative, taking into account the criteria used by the labour law; the competent administration in the field of employment must extend to request of the Chamber or of the tutoring administration for the certification for that purpose.

(b) Those organisations shall propose a list of candidates exceeding at least one third the number of vocalias to be covered. The list must be a joint representation of both sexes. (c) The persons proposed must meet the requirements laid down in paragraph 1 (a), (d), (g) and (h). In the case of employers who are eligible to be elected by direct election, they must also comply with the requirements of points (b), (c), (e) and (f). (d) The persons proposed may not have been candidates for direct election within the same electoral process. (e) Applications must be accompanied by a review where the merits of a professional, business, researcher, etc. are highlighted.

4. The term of office of the members of the Chambers shall be four years, and may be re-elected.

5. Natural or legal persons engaged in activities corresponding to different groups of the census of a Chamber shall have an active and passive electoral right in each of them. However, if they are elected in more than one group, they must resign within three days to the posts of members of the plenary sitting in excess of one. If they do not resign within the prescribed period, it shall be carried out in the group or groups in which they have established the least seniority or, if the latter is the same, in the group or groups which satisfy a minor quota, and shall be deemed to be automatically elected to the next most voted candidate. Natural or legal persons carrying out various activities, belonging to different categories of the same group, shall be cumulated with all the fees paid within this group to determine the category in which they are to exercise their Electoral law, active or passive.

Article 17. Opening of the electoral process.

1. The Ministry of Industry, Tourism and Trade will determine the opening of the electoral process, after consultation with the autonomous communities that have jurisdiction in this matter, corresponding to the respective administration of the call for elections.

2. Ten days after the opening of the electoral process, the Chambers shall set out their censuses, updated at least as of 1 January, to the public at their registered office, in their delegations and in those other places which they deem appropriate to The most important of these are the advertising, during the period of twenty calendar days, and must be made available to the voters on the Internet prominently on the main page of each Chamber. Complaints concerning the inclusion or exclusion of undertakings in the relevant groups and categories may be filed from the moment the exposure of the censuses to the public is initiated up to 10 days after the expiry of the deadline. indicated by that exposure. The secretariat of the House shall give a justification for the submission of the complaints. 3. The Executive Committee of the Chamber shall resolve the complaints made within ten days from the expiration date of the open period for the submission of such claims. The House will be able to bring an action before the Court of Appeal, which will be resolved once the report of the House has been taken. The maximum period for issuing and notifying the decision shall be 15 days. The appeal shall exhaust the administrative route. 4. The lodging of the said appeal and that of the eventual administrative dispute shall not entail the suspension of the electoral process unless the tutoring administration considers, in the circumstances of the case, that the non-suspension of the can be a serious risk to the process. 5. The Chamber shall have available on the main Internet page of the Chamber prominently all models of standard documents, so that they can be easily downloaded by the voters and candidates.

Article 17a. Call for elections.

1. After the time limits laid down in Article 17 (2), the competent body shall, after consulting the Chambers of its territorial scope, hold the elections.

The notice shall be published at least 30 days in advance of the date of the election, in the "Official Gazette" of the province or in the "Official Journal of the Autonomous Community" as appropriate, and at least one of the The most important of these are to be given to the European Parliament. The Chambers shall give publicity to the call at their social offices and in their delegations and by the media which they consider to be most appropriate.

2. The call shall include: (a) The days and hours in which each group or category must cast the vote for the election of its representatives.

(b) The number of polling stations and the places where they are to be installed. (c) the time limits for the exercise of vote by mail. d) The headquarters of the electoral boards.

3. The elections of each group and category shall be held in a single day and, when several schools are established, simultaneously in all of them.

Article 18. Election boards.

1. Within eight days of the publication of the call, the boards of three representatives of the voters of the Chambers and two persons appointed by the tutoring administration, one of them, shall be constituted. which shall exercise the functions of president.

2. The president shall appoint the secretary of the electoral board with a voice and without a vote necessarily among the officials of the tutoring administration. In any case, the electoral board shall seek the advice of a secretary of the Chambers of the Demarcation. 3. The territorial scope of the electoral boards shall be at least coincident with that of the territorial demarcation of the Chamber, and may be superior to it, as determined by the tutoring administration. 4. The representatives of the voters of the Chambers on the electoral board shall be chosen by drawing, among a list of electors proposed by the plenary of each Chamber in number of one for each group. The drawing shall be carried out in public, chaired by a representative of the tutelary administration on the first working day following the publication of the call and two alternates shall be chosen for each member. In case of application to be a member of the plenary, they must resign to be part of the board. 5. The mandate of the electoral boards shall be extended until the fifteen days following the holding of the elections at which they shall be dissolved.

Article 18a. Nominations.

1. Applications shall be submitted to the secretariat of the Chamber concerned within 10 days of the date of publication in the "Official Gazette" of the province or in the "Official Journal of the Autonomous Community" as appropriate, of the call of the election. Nominations shall be endorsed by the signature, at least, of 5 per 100 of the voters of the group or, where appropriate, of the category concerned. If the number of voters in the group or category is more than two hundred, it shall be sufficient for the signature of ten electors for the presentation of the candidate. The authenticity of the signature shall be credited by public fedatary, bank recognition or certification of the secretary of the Corporation. The submission of each endorsement may be made effective by means of an affidavit, in the terms provided for in Article 16 (4), or by an advanced electronic signature based on a certificate recognised in the terms to be determined. Regulation. The secretariat of the Chamber will extend diligence by stating the day and time of the submission of each application.

2. After the deadline for the submission of applications the corresponding electoral board, after verifying the fulfilment of the requirements demanded for the submission of the candidacies, will proceed to the proclamation of the candidates in the term of five days from the date of the end of the period of submission. 3. Where the number of candidates who have been proclaimed by a group or category is equal to that of the members to be elected, their proclamation shall be equal to the choice and is therefore not to be made. If the number of candidates is lower than that of the members to elect the board, they shall be elected to the proclamates and within eight days shall elect, by means of a draw among the undertakings of the group or category concerned, the to fill the vacancies, provided that they meet the requirements laid down in Article 16b 1. 4. The electoral board shall reflect in an act the proclamation of candidates and the incidents referred to in this article. It shall send a certified copy to the tutelating administration within three days and shall also be given publicity for its content by means of a notice fixed at the address of the Chamber and published at least in one of the major newspapers. circulation of his/her constituency. 5. An appeal may be brought before the competent organ of the tutelating administration against the agreements of the electoral boards. The appeal will not suspend the process unless the tutoring administration considers that its resolution is fundamental to the development of the process.

Article 19. Vote by mail.

1. Voters who foresee that on the date of the vote may not exercise their right to the corresponding electoral college, may cast their vote by mail, upon personal request to the Chamber, subject to the following procedure: (a) Application. The application, in standard models approved by the Tutellant Administration and provided by the respective Chamber, must be made in writing within 10 days of the publication of the call for elections and shall be submitted in the Secretariat of the Chamber or by sending it by registered and urgent mail. The application shall include: 1. In the case of natural persons, the identification of the voter attaching a photocopy of the national identity document of the signatory, or, in his case of the passport, driving licence or resident card, which they must be clicked in the case of sending the request by mail.

In the event that the natural persons lack the Spanish nationality, they must prove their identity through the corresponding identity document, or, failing that, the passport, and must also present their card identity abroad, or, in the case of nationals of a Member State of the European Union, of a State party to the Agreement on the European Economic Area, or of a State to whose nationals the Community system of aliens is extended, its certificate of registration in the Central Register of Foreigners. In the case of the submission of the application by post, the appropriate documentation shall be required for the documentation to be used to prove the identity of the applicant. 2. In the case of legal persons, the registered office, the personal data of the representative in the terms of paragraph 1. and the position held in the company or the relationship between the company, the tax identification number of the company the entity and the documents certifying sufficient representation in the terms provided for in Article 16. 3. The group and, where appropriate, the categories in which the vote is to be taken. If it does not consist, the vote by mail shall be deemed to be applied for all the groups or categories in which the employer is registered.

b) Annotation in the census. The Secretariat of the corresponding Chamber shall check the registration in the electoral census, free certification of this end and, after recording in the census so that the personal vote is not admitted, shall send the petitioner to the certified and urgent mail the timely documentation before ten days of the date of the election.

The documentation shall be addressed in the name of the petitioner to the address indicated for that purpose or, failing that, to which he appears in the census. If no choice is to be made in the relevant group, the applicant shall be informed of this. The Secretariat of the Chamber shall communicate to the electoral board the relation of the certificates requested and issued. (c) Documentation. The documentation, which shall be in response to standard models authorised by the tutelating administration, to be sent to the applicant for each group or category to which it belongs shall be:

1. On the secretary of the electoral board, indicating the president of the electoral bureau of the college for whom it is to be delivered.

2. º Ballot or ballot paper for each group in which you have the right to vote. 3. On the entry of each of the ballots, the front of which shall be the group and, where applicable, the category. 4. Certification certification of enrollment in the census. 5. º Candidates proclaimed in the corresponding group or category. 6. "Instructions sheet".

d) Voting. The voter shall place the corresponding ballot paper within the envelope in which the group and, where applicable, the category are listed. Once closed, you will enter this first envelope, along with the registration certification in the census, in the second envelope and send it by registered and urgent mail to the secretariat of the respective electoral board, in advance sufficient to which is received before 12 hours of the day before the elections are held.

Mail votes received after the end of the term will not be accepted. By way of derogation from paragraph (b), the elector who has obtained a certificate and documentation of vote by mail wishes to vote personally, may do so by returning those documents to the electoral bureau. If you do not do so, you will not receive the vote.

2. The secretary of the board shall deliver the votes received by mail to the presidents of the appropriate tables before the end of the voting.

Terminated the vote, the president of the bureau will proceed to introduce in the ballot boxes the envelopes containing the ballots sent by mail, verifying before the existence of the certification that must accompany each one and that the voter is enrolled in the census. The name of these voters will then be entered on the voters ' list. 3. The State Post and Telegraph Society shall develop the functions that correspond to it as a provider of the universal postal service. Other mechanisms of collaboration with the State Post and Telegraph Society may be established in the process, in the framework of a collaboration agreement that to this effect is signed with the Ministry of Industry, Tourism and Trade and to which they will be able to adhere to the cameras and the tutoring administrations.

Article 19a. Electronic voting.

1. Voters may also cast their vote by electronic means using the advanced electronic signature based on a recognised certificate.

2. In any event, the procedures for the issue of the vote shall permit the constancy of the extremes to be established for the other voting arrangements. 3. The conditions for the exercise of electronic voting must be specified without the latter being able to reach matters relating to the electoral procedure.

Article 19b. Institutional Advertising.

The Official Chambers of Commerce, Industry and Navigation, the Council in which they are integrated and the tutoring administration will be able to carry out institutional publicity to encourage the submission of applications and the participation of voters throughout the electoral period and up to twenty-four hours before the day set for the election.

Article 20. Guarantees of the process.

1. Each electoral table shall consist of a president and two vowels, who have their domicile in the locality where the electoral college is established. The Chambers shall endeavour to set up a number of sufficient tables and schools and a proper territorial distribution of the tables in order to facilitate the exercise of the right to vote by the voters, in accordance with the terms laid down by the Tutelent administration. Presidents and vowels shall be appointed by the electoral board from among the electors domiciled in the town of the college, who are not candidates, by means of a draw between a ratio of voters in number of two for each group proposed by the Plenary session of the House. The electoral board shall also appoint alternate presidents and members. The president of the bureau may also request the technical assistance of a member of the House.

2. All voters have the right to audit the electoral procedure. Each candidate may designate up to two Financial Controller to be responsible for voting and counting. 3. The table of a college shall be established on the day of the election, the vote shall not begin without having previously extended the appropriate act of constitution of which a certified copy, signed by the president and the vowels, shall be released for each candidate who asks for it. The voting time will be uninterrupted on the day of the vote, and in no case can the voting table be opened after 9:00 hours or closed before 21:00. 4. Where the appointed members of the bureau are not present in the act of the constitution, a representative of the tutoring administration acting as president, and an employee of the Chamber, who shall act, shall assume their duties. as vocal. 5. Once the vote has begun, it will not be suspended, unless it is due to force majeure, and always under the responsibility of the respective college. 6. In the event of suspension, the minutes shall be kept by the bureau of the college, which shall be handed over to the chairman of the electoral board, who shall immediately inform the competent organ of the tutelating administration, in order to indicate the date on which it shall be The vote will take place again 7. The vote will be secret. Voters shall cast their vote in the ballot box by means of a folded ballot and inserted in an envelope. If a number of names in excess of the vacancies to be filled in each group or category are included in the ballot paper, those appearing in the first place shall be taken into consideration. Vowels will write down the voters who vote, indicating the number with which they appear in the census of the House. 8. At the time of exercising his right to vote, the voter shall present the documents proving his personality and, where appropriate, the representation with which he intends to exercise such right. 9. The president of the bureau shall have sole authority to preserve order and to ensure the freedom of the electors in the electoral college. 10. Only the electors, candidates and their representatives or financial controllers, the notaries who are required to attest to any act of the election shall have entry into the schools, in which they shall not object to the secrecy of the latter and the agents of the authority. that the president requires. 11. The elector who does not comply with the orders of the president shall be expelled from the college and shall lose the right to vote in the act of the election in question, without prejudice to the responsibility in which he may have incurred. 12. The period indicated for the vote shall be carried out, by the bureau, to carry out the scrutiny, which shall be public. If only one electoral college existed, the scrutiny will be final. The appropriate minutes shall be drawn up by the members of the bureau, including the number of votes cast, in person and by mail, of those declared null and void and the candidates elected with the number of votes cast. as well as the candidates not elected with the votes obtained and the complaints which had been submitted. The candidate or candidates who have obtained the highest number of votes, and, in the event of a tie, the oldest in the Chamber's census, and if they are the same, shall be considered to be eligible for the highest quota. 13. If there are several polling stations, each table, the counting of which is finished, shall take up the minutes with the result of the election, indicating the votes cast, personally and by mail, the nullified, blank and the number of votes obtained by each candidate and the complaints that have been filed. 14. The complaints shall be made in writing and in writing before the electoral tables and shall be resolved by them also in the event, with appeal to the electoral board of whose resolution the interested parties may be able to go to the body. competent of the tutoring administration. 15. In both cases, the minutes shall be forwarded to the secretariat of the Chamber, where they shall be deposited. Certified copies shall be made of the minutes for the candidates who request them. 16. On the third day of the end of the elections, the respective electoral board will proceed to verify the final result of the votes, according to the minutes corresponding to the different polling stations. New minutes signed by the members of the Board shall be drawn up, stating the total number of votes cast, the nullified, blank, the votes obtained by each candidate and the candidates declared elected, as well as the complaints. which would have been presented in that act. 17. The House Secretariat shall deliver to each of the elected representatives the credential that justifies their elected membership. 18. The electoral file shall be filed in the Chamber and shall be forwarded to the competent authority of the tutelary administration within 10 days of the end of the elections.

Article 21. Acting organs.

1. The governing bodies of the Chambers shall continue in the performance of their duties, from the date of the convocation provided for in Article 17a (1), to the establishment of the new Plenes or, where appropriate, to the designation of a Managing committee.

2. In the event that the new plenary session cannot be validly constituted, the tutoring administration shall appoint a management committee for the operation of the Chamber. If, within three months, the Commission fails to set up the new plenary session in accordance with the procedures laid down in this Chapter of the Rules of Procedure, it shall ask the administration to call for new elections. 3. The exercise in office covers only those activities of management, administration and representation that are essential to the ordinary functioning of the corporation, so that the performance of the new organs of the corporation is not compromised. elected government.

Article 21a. Constitution of the organs.

1. The elected members of the plenary session shall be held in advance of the session of election of the members referred to in Article 16b (3), of which the competent authority of the administration shall be immediately appointed. tutelant. Natural persons shall do so in person; legal persons, by means of a representative appointed for that purpose with sufficient power.

2. The plenary session shall be held by a nominal and secret ballot at the election of its members, the president and the executive committee. To this end, the electoral bureau will be formed, which will be composed of the two members of the largest and youngest members, respectively, of the Chamber's plenary session and the representative of the tutoring administration that will act as president. He shall perform the duties of the secretary who is of the Corporation. 3. The session will be opened, the proposal of candidates for whom the vote will have to be placed will begin. First, the election of the president will be held, followed by the other positions of the executive committee, by the following order: vice presidents, treasurer, accountant and vowels. Candidates will be elected by simple majority. The candidate for president may submit a single application in which other positions of the executive committee will be included, which will be voted on in the first place; if these nominations are approved, the separate election will not be necessary. Applications shall be submitted and made public at least 24 hours in advance of the vote. 4. The electoral bureau shall carry out the scrutiny and report the result to the plenary, warning of the possibility of expressing any disagreement with the electoral act. Immediately, the corresponding minutes shall be drawn up, indicating the incidents of the electoral act, the outcome of the vote and the complaints which are subsequently sent by a certified copy of the the president of the competent authority of the tutelary administration who, with a hearing of the parties concerned, will decide on the incidents raised. 5. If any, the competent authority of the tutoring administration may arrange for the publication in the "Official Gazette" of the province or in the "Official Journal of the Autonomous Community" of the appointments of the President, of the posts of the executive committee and the members of the plenary.

Article 22. Election in case of oversold vacancies in plenary.

1. The vacancies produced in the plenary by death, resignation, resignation, as well as any of the causes that incapacitate the performance of the office, will be provided by choice in the group or category concerned.

To this end, the Secretariat of the Chamber shall, within 10 days of the vacancy declaration, communicate in writing this circumstance to the constituents concerned, or if their number exceeds one hundred, by means of notice in the "Official Gazette" of the province or in the "Official Journal of the Autonomous Community", as appropriate, and at least one of the most important newspapers in the demarcation of the Chamber, in order to enable those who wish to present the The application of this chapter is in accordance with the provisions of this chapter, giving account to the tutoring administration. The electoral board's own powers in these cases will be taken up by the executive committee. 2. Where there is only one candidate for the vacancy to cover the proclamation, it shall be equal to the choice and therefore no need to be held. If no candidature is submitted, the plenary shall proceed to the selection by lot among the companies forming the group or the corresponding category to fill the vacancy. The person elected shall take the charge for the time remaining to serve the term of office of the person to whom he replaces.

Article 22a. Loss of member condition.

1. The plenary shall agree to the loss of the status of a member in the following cases: (a) Where, due to circumstances, any of the conditions necessary to be elected are no longer met.

b) For not having taken ownership within the regulatory deadline. c) For lack of unjustified attendance at plenary sessions or executive committee sessions for three times or four times for any reason, in the course of a calendar year.

2. The agreement of the Plenary Session shall be adopted after hearing the person concerned and, where appropriate, the undertaking in whose representation it acts. This agreement may be brought before the competent authority of the tutoring administration.

3. The choice to cover the vacancy produced shall be made in accordance with Article 22 of this Regulation and shall not take place until the competent authority of the Administration has resolved the appeal, if any. 4. In the case of vacancies produced as a consequence of having disappeared the representation relationship between the chosen vowel and the legal person to whom it represented, no new election will be required in the group or category The person concerned shall be replaced by the person determined by the undertaking. This rule shall not apply in the case of the chairman or other members of the executive committee.

Article 23. Election in case of vacancies in the Executive Committee.

1. Where the vacancy produced in the plenary session has the effect of a vacancy on the executive committee, or of the chair of the House itself, the vacancy of the plenary session shall first be filled, in accordance with the procedure laid down in Article 22 of the This Regulation.

2. This election shall be held, the vacancy of the office of president or of the executive committee in session of the plenary convened for that purpose shall be provided, in accordance with the procedure laid down in Article 21a of this Regulation.

Article 23a. Causes of cessation of the President and of the members of the Executive Committee.

1. Irrespective of the normal termination of his terms of office, the chairman and the posts of the executive committee may cease: (a) For the reasons provided for in this Regulation for the loss of membership of the plenary session.

b) By agreement of the plenary adopted by the two thirds of its members. (c) By resignation which does not imply the loss of his or her voice in the plenary session.

2. The vacancy shall be filled by the sitting in session convened for the purpose within 15 days of the date of the sitting, as provided for in Article 21a of this Regulation.

3. The chosen person will hold the position for the time that I will miss to fulfill the mandate of the one to whom it happens. "

Single repeal provision. Regulatory repeal.

The provisions of the General Rules of Chambers adopted by Decree 1291/1974 of 2 May 1974, as amended by Royal Decree 753/1978 of 27 March 1978 and by Royal Decree 816/1990 of 22 June 1990, are repealed. established in this royal decree.

Final disposition first. Basic character and competence title.

This royal decree will apply in the cities of Ceuta and Melilla.

Articles 16a (3) and (4) (16) (a) (3) (a) (1) and (2) of the General Regulation of the official Chambers of Commerce, Industry and Shipping have the character of basic legislation on the basis of the scheme. Article 149.1.18 of the Constitution, in accordance with Article 149.1.18 of the Constitution. Articles 19 (3) and 19 (3) of the present royal decree fall within the exclusive competence of the State to regulate the subject of postal and telecommunications, resulting from Rule 21 (1) of the Constitution.

Final disposition second. Entry into force.

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

Given in Madrid, 31 August 2007.

JOHN CARLOS R.

The Minister of Industry, Tourism and Trade, JOAN CLOS I MATHEU