The basic scheme of operation of the Chambers of Commerce, industry and navigation is collected in the Act 3/1993, of 22nd March, chambers of Commerce, industry and navigation. The standard has cited basic character because these organs develop functions of a public nature and therefore the State has competence to regulate, pursuant to rule 18 of the article 149.1 of the Constitution, the basis of its legal regime.
However, prior to the approval of the law Chambers came running with a legal regime of very detailed constitutional character, which highlighted the General rules of the Chambers of Commerce, industry and navigation approved by Decree 1291 / 1974, of 2 May 1974. On the other hand, in exercise of its powers in the field of internal trade and chambers of Commerce the different autonomous communities have developed an important standard-setting activity applicable to each of the territories.
One of the aspects that has always attracted more complexity has been the relative to the electoral system of the Chambers of Commerce. This has been developed by much of the autonomous communities through rules of General or specific provisions in each of the electoral calls. From the State point of view, the rule that governs it is collected in the aforementioned General Regulation which was amended by the Royal Decree 816/1990 of 22 June 1990. This regime is of direct application to the Chambers of Commerce, industry and navigation of the cities of Ceuta and Melilla on which the State holds the powers of administrative supervision. However, taking into account that certain provisions regulate basic aspects of the electoral system have been informed and consulted the regional authorities.
The available experience over recent electoral processes and information accumulated by administrative bodies responsible for his guidance, identifies what have been the points that the main problems of application, as well as the main shortcomings and loopholes have focused.
The Royal Decree is tailored for the electoral system of the Chambers of Commerce, industry and navigation collected in the Act 3/1993, of 22 March 1993, and improvements in different dysfunctional aspects of the electoral process which the experience of recent years has been shown. For that reason, apart from the contemplated measures for the improvement of the administrative procedures and aimed to speed up the electoral process, also join the same possibilities offered by technological advances in information and communications.
Thus, the main changes of the electoral system of the Chambers of Commerce, industry and navigation can be realized in the following: a) in terms of 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, these cities have not assumed the competences on the subject. However, it has been considered necessary to introduce, on an exceptional basis, some basic standard provisions, justified as issues of importance in the cooperation of inter-administrative (in this case with the State tax administration, the State's society of post and Telegraph Agency and the labour authority), and the incorporation of technologies of the information through the electronic voting procedure. The forecast in a regulation of these basic provisions is justified by its technical nature which requires a treatment for which a formal act is not the appropriate legal instrument. These basic precepts not introduce any changes in the autonomic regulation and pose for the General Administration of the State to assume an obligation of collaboration in the development of the electoral procedure.
(b) as regards the electoral law refers, has adapted the text of the regulation to the tenor of the Act 3/1993, of 22 March 1993, and formalities for the accreditation of voters acting on behalf of legal persons have been simplified.
(c) have introduced measures to improve the census, your inquiry and update.
(d) on the other hand, materialized some provisions to clarify the criteria for the elaboration of the candidacies of what is known commonly as 'collaborators vowels' or also "vowels by co-optation", introducing in addition criteria of parity in the representation.
(e) also, it has clarified the regime of resources and guarantees and has strengthened the transparency of the process through the promotion of the use of new technologies.
(f) measures aimed at fostering the participation of entrepreneurs in the process include the improvement of the vote by mail and the introduction of e-voting dictated under the protection of rule 21 of article 149.1 of the Constitution.
(g) Finally, provisions regarding the exercise of the organs have been introduced on functions and coverage of vacancies.
Autonomous communities through the Board of Directors Generals of trade and the Higher Council of Chambers have been consulted for the elaboration of this Royal Decree.
In his virtue, a proposal from the Minister of industry, tourism and trade, with the prior approval of the Minister of public administration, in accordance with the Council of State and after deliberation by the Council of Ministers at its meeting of August 31, 2007, D I S P O N G O: only article. Amendment of chapter III of the General regulations for official Chambers of Commerce, industry and navigation approved by Decree 1291 / 1974, 2 May.
Chapter III of the regulation General of the Chambers official of Commerce, industry and navigation, approved by Decree 1291 / 1974, 2 may, in the wording given by Royal Decree 816/1990, of 22 June, is drawn up in the following way: «article 16. Voters.
1 shall be electors in the respective official Chambers of Commerce, industry and navigation physical or legal, national or foreign, that can carry out activities of commercial, industrial or shipping companies in national territory and persons appearing registered in last census approved by the Corporation, in accordance with their respective internal regime regulations, provided that they are not disabled by some of the cases that determine disability pursuant to provisions of the regulations.
Foreigners entitled to vote must be in State of residence in accordance with the provisions of organic law 4/2000, of 11 January, on rights and freedoms of foreigners in Spain and their social integration, and its implementing regulations.
2. will be considered activities included and excluded in the previous section provided for in article 6(2) of the Act 3/1993, March 22.
3 means that a physical or legal person has a commercial, industrial or shipping activity when for this reason be subject to tax economic activities or tribute that replaces it.
4. natural persons shall serve their active electoral right personally; minors and disabled persons, through people who have attributed their representation on the exercise of the business activity. Legal persons shall exercise their active electoral right through a representative with enough power, of general or specific character to the vote. The representative must hold for that purpose a working relationship with the company of indefinite or duties of ordinary representation of the same.
5. those natural or legal persons having establishments, delegations or agencies in constituencies corresponding to the demarcation of several cameras, shall be electors in each of them. The same rule applies to companies which have their registered office in the demarcation of a camera and to develop its activities in the other or others.
Article 16 bis. Electoral roll.
1. the electoral roll of the Chambers shall comprise the totality of their constituents, classified by groups and categories, in view of the relative economic importance of the various sectors represented, in the form determined by the respective tutelante administration and will be formed and will be reviewed annually, by the Executive Committee with reference to 1 January.
2. to be voter on their own behalf or on behalf of legal persons, age and ability set out in the existing general electoral legislation will be required.
3. the State tax administration agency, as well as the other competent local authorities in tax matters will collaborate with the governing bodies of the Chambers to provide the information necessary for the preparation and establishment of the census. For this purpose, the State tax administration agency will have information that is released from the Census of tax economic activities or the tribute that will replace it.
4. for electoral purposes and with the guarantees stemming from the legal regime for the protection of personal data, tutelante Administration may request of the governing bodies of the Chambers the necessary information in the electoral roll.
Article 16 ter. Eligible.
1. in each camera be chosen through suffrage, free, equal, direct and secret, among all the voters of the camera, classified in groups and categories, a number of members determined by the regulation of the regime, not less than ten nor more than sixty. To be eligible as a member of the House by direct election they shall meet the following requirements:
) have Spanish nationality or of a Member State of the European Union, part of a State in the agreement on the European economic area, or of a State to whose national extends under the relevant agreement or international treaty, the legal regime for the aforementioned citizens.
(b) take part in the Census of the camera.
(c) be voter of the group or category.
(d) be of age if it is a physical person.
(e) be current in the payment of the permanent Chamber resource or, where appropriate, have accredited the filing of an appeal against the resolution or have granted a moratorium or deferral of payment.
(f) carry, as a minimum, two years of practice in 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 will be credited by means of discharge in the Census of the corresponding economic activities tax or, where applicable, equivalent accreditation for the exercise of the activity in the course of other countries of the European Union.
(g) not be an employee of the Chamber or be participating in work or contests that was convened, at the time of presenting the candidature or hold elections.
(h) not be disabled by disability, havealready received or incompatibility by legislation, nor be in a bankruptcy process described as guilty, or found serving a custodial sentence.
2 people are devoid of Spanish nationality or nationalities included in the letter to) of the preceding paragraph, may be candidates in accordance with the principle of reciprocity, provided that they meet the other requirements in the preceding paragraph.
3 the members of the plenary referred to in paragraph 1 will choose a number between 15 and 10 per 100 by 100 of the vowels of direct election, which will determine the tutelante administration, among individuals of recognized prestige in the economic life within the constituency of each Chamber, in accordance with the following criteria: to) these members will be proposed by the most representative business organizations both cross-sectoral and territorial. Tutelante Administration may specify criteria that determine this greater representativity, taking, failing the criteria used by the labour legislation; competent labour administration must extend to the camera or the tutelante Administration request corresponding certification to that effect.
(b) the above-mentioned organizations should propose a list of candidates which exceed at least by one third the number of members to cover. The list should collect an equal representation of both sexes.
((((c) proposed persons must meet the requirements set out in the letters to), d), g) and h) of paragraph 1. (((In the case of susceptible entrepreneurs be chosen by direct election, must comply also with the requirements of the letters b), c), e) and f).
(d) proposed persons may not have appeared as candidates for direct election within the electoral process.
(e) applications shall be accompanied by a summary Excel where the merits of professional, business, research, etc.
4. the term of office of the members of the Chambers shall be four years, and may be re-elected.
5. the natural or legal persons carrying on activities corresponding to various groups within the Census of a camera will have active and passive electoral right in each of them. However, if leave elected in more than one group, must resign within three days to the positions of members of the plenary which exceed one. In the case that not submit resignation within the period indicated, will have made on the group or groups that have accredited less seniority or, if this is the same, in or which meet one lower fee, and shall be deemed automatically elected the following most voted candidate. Several activities, belonging to different categories of the same group, will accrue to the natural or legal persons carrying out all dues-paying within this group to determine the category in which shall exercise its right to electoral, 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 attributed competence in this area, corresponding to the respective tutelante management the announcement of elections.
2. ten days after open the electoral process, the Chambers must expose their censuses, updated at least at 1 January previous to the public at its registered office, its delegations and those other sites that they deem appropriate for their largest advertising, during the period of twenty calendar days and shall be exposed to available to voters online prominently on the homepage of each camera. Complaints about the inclusion or exclusion of groups and categories for companies, may be submitted from the moment in which starts exposure of the census to the public until ten days after the expiration of the time limit set by this exhibition. The Secretary of the Chamber shall give a receipt for the submission of claims.
3. the Executive Committee of the Chamber must resolve claims made within a period of ten days from the date of expiration of the period opened for the submission of such claims. An appeal is may be brought against the agreements of Chamber tutelante administration, will be resolved once seen the report of the respective camera. The deadline to enact and notify the resolution shall be 15 days. The cited resource exhausted administrative remedies.
4. the filing of the said appeal and the possible contentious resource not will result in the suspension of the electoral process unless the tutelante Administration considers, view the circumstances of the case, that it not suspension of the same can pose a serious risk to the process.
5. the Chamber must have available on the home page of the Internet of the House prominently all models of standardized documents, so that they can be downloaded easily by voters and candidates.
Article 17 bis. Announcement of elections.
1 after the deadlines laid down in paragraph 2 of article 17, the organ competent, prior consultation of Chambers of its territorial scope, proceed to convene elections.
Call for proposals will be published with thirty days at least prior to the date of the election, in the "Official Gazette" of the province, or in the "Diario official of the autonomous region" as appropriate, and at least one of the mediums of major circulation within the constituency of the camera.
Cameras will be advertising the call in their social headquarters and their delegations and media of communication they deem most appropriate.
2 the call shall contain: a) the days and times at which each group or category must issue vote for the election of their representatives.
(b) the number of polling stations and the places where they have settled.
(c) the time limits for the exercise of the vote by mail.
(d) the headquarters of the electoral commissions.
3. the elections in each group and category will be held in a single day and, when several schools are established simultaneously in all of them.
Article 18. Electoral boards.
1. within the period of the eight days following the publication of the call, is shall constitute the electoral boards composed of three representatives of the electors of the Chambers and two persons appointed by the tutelante administration, one of which perform the functions of President.
2. the President shall appoint Secretary of the electoral board with voice and no vote necessarily between tutelante administration officials. In any case the electoral board shall seek advice in law of a Secretary of the Chambers of the demarcation.
3. the territorial scope of the electoral commissions will be at least coincident with the territorial demarcation of the camera, and may be superior to it, as determined by the tutelante administration.
4. the representatives of the electors of the cameras in the electoral board shall be chosen by lot, among a list of voters proposed by the plenary of each camera in one number for each group. The draw will take place in a public ceremony presided over by a representative of the tutelante administration the first business day following the publication of the call and at the same time it will choose two alternates for each Member. In case of candidacy for membership of the House, must waive part of the Board.
5. the mandate of the electoral commissions will be extended up to fifteen days following the conclusion of the election time which will be dissolved.
Article 18 bis. Nominations.
1 applications must submitted in the Secretary of the respective Chamber during the ten days following the date of publication in the "Official Gazette" of the province, or in the "Diario official of the autonomous region" as appropriate, call for the election. Nominations will be endorsed by the firm, less than 5 per 100 of the electors of the group or where appropriate, in the corresponding category. If the number of voters of the group or category is over two hundred, it is sufficient for the signing of ten electors for the presentation of the candidate. The authenticity of the signature will be credited by notary public, Bank recognition or certification from the Secretary of the Corporation. The presentation of each endorsement may be made effective through an affidavit, in the terms laid down in paragraph 4 of article 16, or by advanced electronic signature based on a qualified certificate on terms to be determined by regulation. The Secretary of the Chamber will extend diligence by stating the date and time of each nomination.
2 after the deadline for submission of candidatures the corresponding electoral board, after checking compliance with the requirements for the submission of applications, shall the proclamation of candidates within the period of five days, from the date on which was the deadline for presentation.
3. when the number of candidates who have been proclaimed by a group or category is equal to the members to choose, his proclamation will be equivalent to the choice and, therefore, shall not be carried out.
If the case that the number of candidates is less than the Member to choose the Board you will be elected to the proclaimed and within the period of eight days will choose, by lot among the companies of the group or category, which shall fill the vacancy, provided that they meet the requirements laid down in article 16 1 ter.
4. the electoral board will reflect in a procès-verbal proclamation of candidates and the incidents referred to in this article. Of the same certified copy is sent to the tutelante administration within three days, and also will be advertising their content through ad set in the home of the Chamber and published at least in one of the newspapers with the largest circulation in their constituency.
5. against the agreements of the electoral boards appeal is may be brought before the competent organ of the tutelante administration. Resource will not suspend the process unless the tutelante Administration considers that its resolution is essential for the development of the process.
Article 19. Vote by mail.
1 voters providing that on the date of the vote no they may exercise the right person in the corresponding electoral college, may cast their vote by mail, request personal camera, subject to the following procedure: to) request. The application in standard models approved by the tutelante administration and facilitated by the respective Chamber, is made in writing within ten days of the publication of the call for elections and will be presented at the Secretariat of the Chamber or by sending it by mail certified and urgent. In the application, shall be recorded: 1 in the case of natural persons, the identification of the elector enclosing a photocopy of the national identity of the signer, or, in your case the Passport, driving licence or resident card, which must be certified if you send the application by mail.
In the event that individuals do not have Spanish nationality, they must prove their identity through the corresponding identity document, or, in absence thereof, of the Passport, and must also present his identity card overseas, or, in the case of nationals of a Member State of the European Union, of a State party in the agreement on the European economic area , or a State to whose national extends the Community system of immigration, its certificate of registration in the Central Register of foreigners.
Where to send the application by mail, the proper certification of documents used to prove the identity of the applicant shall be required.
2. in the case of legal persons, the registered office, the personal data of the representative in accordance with paragraph 1 and the charge that holds in society or the relationship that links him with the same, the number of identification of the entity and the documents evidencing the representation in the terms provided for in article 16.
3rd group and, where appropriate, the categories in which you want to vote. If this not recorded, the exercise of the vote means requested by mail for all groups or categories that figure registered entrepreneur.
(b) annotation in the census. The Secretary of the corresponding camera will check the registration on the electoral roll, deliver certification supporting this end and previous annotation in the census that is not supported you the personal vote, be forwarded to the petitioner by mail certified and urgent timely documentation before ten days of the date of the election.
The documentation shall be addressed to the name of the petitioner to the address indicated for that purpose or, in default, which figure in the census.
If there were to hold election in the corresponding group, inform the applicant of this circumstance.
The Secretary of the Chamber shall inform the electoral board list of licences requested and issued.
(c) documentation. The documentation, which must respond to standard models approved by the tutelante administration, to send to the applicant by each group or category to which belongs, will be: 1 envelope addressed to the Secretary of the electoral board indicating the President of the polling station of the school corresponding to who should be delivered.
2nd ballot paper or ballot papers for each group that is entitled to vote.
3rd about to enter each ballot, whose obverse must include the Group and, where applicable, the category.
4th accrediting certification of registration in the census.
5 candidates proclaimed in the group or category.
6 instruction sheet.
(d) voting. The voter will make corresponding ballot in the envelope on the obverse figure group and, where applicable, the category. Once closed it will introduce the first envelope, together with the certification of registration in the census, in the second envelope and send it by urgent certified mail to the Secretary of the respective electoral board in good time so that you receive before twelve o'clock on the day before the elections.
The vote by mail received after the referred term will not be accepted.
Still as provided for in subparagraph (b)), voter who, having obtained certificate and documentation of vote by mail you want to vote personally, may do so by returning to the electoral table these documents. Not to do so, the vote will be not received him.
2. the Secretary of the Board will deliver the votes received by mail to the Chairmen of the relevant tables before the end of voting.
After the vote, the Chairman shall introduce at the polls the envelopes containing the ballots sent by mail, before verifying the existence of the certification that must accompany each and that the voter is registered in the census. The name of these voters in the voter list is then score.
3. the State post and Telegraph society should develop functions which you as a provider of the universal postal service.
Other mechanisms of collaboration with the State's society of post and telegraph in the process, may be established in the framework of a Convention partnership who signs up for this purpose with the Ministry of industry, tourism and trade and cameras and tutelantes administrations will adhere to that.
Article 19 bis. E-voting.
1. voters can also cast their vote by electronic means using the advanced electronic signature based on a qualified certificate for this purpose.
2. in any case the procedures for the issuance of voting shall allow the constancy of the ends to be accredited for other types of voting.
3. regulations the conditions for the exercise of e-voting should realize unless it can reach to matters relating to the electoral procedure.
Article 19B. Institutional advertising.
The official Chambers of Commerce, industry and navigation, the Council in which are integrated and tutelante Administration may be institutional publicity to encourage the presentation of candidates and the voter turnout throughout the election period and up to twenty-four hours prior to the day fixed for the election.
Article 20. Guarantees of the process.
1. each polling station will consist of a President and two members, who have their domicile in the locality where the electoral college is established. The cameras should obtain the Constitution of sufficient schools and a number of tables and an adequate territorial distribution of them in order to facilitate the exercise of the right to vote by the electors, in the terms set by the tutelante administration. Chairpersons and members shall be appointed by the Board of elections from voters residing in the locality of the school, who are not candidates, by lot from a list of voters in number two for each group proposed by the plenary session of the Chamber. The electoral board shall appoint as Chairmen and alternate members. The Chairman of the Board may, in addition, request technical assistance from an employee of the Chamber.
2. all voters have the right to oversee the electoral procedure. Each candidate may designate up to two auditors who monitor the voting and the counting.
3 constituted the table of a school the day of the election, not may start voting without having previously extended the timely Constitution Act which will be a certified copy signed by the President and the members for each applicant which asks for it. Electoral schedule the day of the vote will be uninterrupted and, in no case may open the table for votes after 9:00 or close before 21:00.
4. in the event that the appointed members of the Board they may not present in the Constitution Act, will assume his duties a representative of the tutelante administration who will act as President, and an employee of the Chamber, which will act as a member.
5. once started voting may not suspend, unless due to force majeure, and always under the responsibility of the Bureau of the respective school.
6. in case of suspension is lifted Act by the Board of the College, which will be delivered to the Chairman of the electoral board, which shall immediately inform the competent authority of the tutelante administration, in order to indicate the date on which the vote must be made again.
7. voting will be secret. Voters deposited their votes into the ballot box by ballot folded and inserted in an envelope. If ballots appear a number of names over the vacancies to be covered in each group or category, it takes into consideration to those who appear in the first place. Members noted the electors who vote, with indication of the number that appear on the Census of the camera.
8. at the time of exercising their right to vote, the elector shall submit the documents proving his personality and, where appropriate, representation with which tries to exercise such right.
9. the Chairman of the Board shall have exclusive authority to maintain order and ensure freedom of electors in the electoral college.
10. only they will have input on schools voters, candidates and their proxies or auditors, notaries are required to attest to any act of the election in which does not object to this secret and the agents of the Authority requiring the President.
11. the voter who failed to comply the orders of the President will be expelled from the school and will lose the right to vote in the event of the election concerned, without prejudice to the responsibility that has been incurred.
12 after the period designated for voting will be, by the Bureau, to carry out the poll, which will be public. If there is only one polling station, the ballot will be final. It will extend the timely minutes signed by the members of the Bureau, which shall contain the number of the votes cast, personally and by mail, the declared null and in white and the candidates chosen with the number of votes corresponding, as well as the candidates not elected with the votes obtained and claims that there had been. Shall be deemed elected, by his order, the candidate or candidates who had obtained the largest number of votes, and, in the event of a tie, the oldest in the Census of the camera and if this was same, the to meet greater share.
13 if several polling stations there were each table, completed the scrutiny, it will raise act with the result of the election, stating the votes cast, personally and by mail, the void, in white and the number of votes obtained by each candidate and claims that had arisen.
14. the claims shall be formulated in the Act and in writing before polling stations and will be resolved by the same also in the Act, with appeal to the Board of elections, whose resolution may be interested go on appeal to the competent organ of the tutelante administration.
15. in both cases, the proceedings will be remitted to the Secretary of the Chamber, where it will be deposited. Transcriptions will extend certified copies for candidates applying for them.
16. on the third day of the completed election will proceed by the respective electoral board in public act to verify the final result of the vote, according to the records corresponding to the different polling stations. New certificate signed by the members of the Board, which shall contain the total number of votes cast, the void, white, the votes obtained by each candidate and the declared candidates elected, as well as claims which had arisen in this Act will be lifted.
17. the Secretariat of the Chamber delivered to each of the selected credential that will justify his capacity as an elected member.
18. the electoral record filed with the Chamber and the certified copy shall be sent to the competent organ of the tutelante administration, within the ten days following the completion of elections.
Article 21. Organs in functions.
1. the governing bodies of the Chambers will continue in the exercise of its functions, from the date of the call for proposals envisaged in paragraph 1 of article 17 bis, to the establishment of the new Chamber or, if necessary, until the appointment of a Management Committee.
2. in the case that the new House may not be validly, tutelante administration shall appoint a Commission for the operation of camera Manager. If within three months of the Commission not attaining the Constitution of the new Parliament by the procedures laid down in this chapter of the regulation it will request tutelante management the announcement of new elections.
3. the exercise functions covers only activities of management, administration and representation necessary for the regular functioning of the Corporation, so that the performance of the new elected government bodies are not compromised.
Article 21 bis. Constitution of the bodies.
1. the elected members of the House shall take possession of their positions prior to the session for election of members referred to in paragraph 3 of article 16 ter, which will be immediately to the competent authority of the tutelante administration. Individuals will do it personally. legal persons, through a representative appointed for this purpose with enough power.
2 constituted plenary, will proceed by nominal and secret ballot to elect from among its members, the President and the Executive Committee. For this purpose will be formed the polling station, which will be made up of two older and younger members, respectively, of the plenary of the Chamber and by the representative of the tutelante administration that will serve as President. It will make the functions of Secretary that is the Corporation's.
3 open the session, will begin the turn's proposal of candidates who must lie the vote. First, the election of the President will be held, and then the of other officials of the Executive Committee, in the following order: Vice Presidents, Treasurer, accountant and members. The candidates will be elected by a simple majority. The candidate for President may submit a single candidacy which include other charges of the Executive Committee who will vote in the first place; in the case of approval of these applications will not be necessary to proceed to the separate election. Nominations shall arise and become public at least 24 hours prior to the completion of voting.
4. the polling station will count and will report the results to the plenary session, warning of the possibility of express any disagreement with the electoral act. Immediately, shall be the corresponding certificate, which shall set forth the incidences of the electoral act, the result of the vote and the claims formulated by then sending a copy certified by the mediation of the President to the competent organ of the tutelante administration who settle, with audience of stakeholders on the issues raised.
5 resolved incidents, if any, the competent organ of the tutelante Administration may order the publication in the "Official Gazette" of the province, or in the "journal official of the autonomous region" of the appointments of the President, of charges of the Executive Committee and the members of the plenary.
Article 22. Choice in the event of a vacancy caused activity in the House.
1. vacancies produced in plenary by death, resignation, resignation, as well as for any of the causes that renders for the performance of the office, be provided by choice in the group or category in question.
To this end, the Secretariat of the Chamber, within the period of ten days after the Declaration of the vacancy, notified in writing this circumstance voters, whichever is applicable, or if their number exceeds one hundred, through advertisement in the "Official Gazette" of the province, or in the "Diario official of the autonomous region", as appropriate, and at least in one of the newspapers with the largest circulation in the demarcation of the camera to those who wish to present the candidature in accordance with the provisions of this chapter, giving account to the tutelante administration.
The powers of the electoral board in these cases, will be assumed by the Executive Committee.
2 when there is only a candidate for the vacancy to cover the proclamation will be equivalent to the choice and, therefore, it is not necessary to hold it. If no bid is not filed, plenary will proceed to the election by drawing lots among the companies forming the group or the corresponding category to fill the vacancy. The person chosen to be by the time missing to fulfil the mandate of those who replace.
Article 22 bis. Loss of membership.
1 the full agreed the loss of membership in the following cases: to) when due to circumstances which have arisen to stop any of the necessary requirements to be chosen to attend.
(b) by failing to take possession within the regulation period.
(c) due to lack of unjustified attendance at meetings of the plenary or of the Executive Committee during three times or four times for any reason, in the course of a calendar year.
2. the agreement of the plenary will be adopted, after hearing the person concerned and, where appropriate, of the company on whose behalf they act. Appeal before the competent body of the tutelante Administration may bring against this agreement.
3. the election to fill the vacancy produced will be according to what sets article 22 of this regulation and will not occur until the competent authority of the administration resolved the appeal, if any.
4. in the case of vacancies produced as a result of having gone the relationship of representation among the chosen vowel and the legal entity which represented, is required to convene new choice in the group or category in question; replacing the vowel was determined by the company. This rule shall not apply in the case of the President or other members of the Executive Committee.
Article 23. Choice in the event of a vacancy in the Executive Committee.
1. when the vacancy produced in plenary have as a consequence a vacancy in the Executive Committee, or the own President of the Chamber, shall be to fill the vacant seat of the plenary, first by the procedure laid down in article 22 of this regulation.
2. held this election, the vacancy of the post of President or the Executive Committee plenary session convened to this effect, by the procedure laid down in article 21 bis of these regulations will be provided.
Article 23 bis. Causes for dismissal of the President and the members of the Executive Committee.
1 regardless of the normal completion of their mandates, the President and the Executive Committee charges may cease: to) the reasons provided for in this regulation for the loss of membership of the House.
(b) by agreement of the plenary adopted by two-thirds of its members.
(c) by waiver that does not involve the loss of its status as member of the House.
2. the vacancy will be covered by the plenary session convened for this purpose within 15 days to the produce that, as established in article 21 of this regulation.
3. the chosen person will serve for the time which fails to fulfil the mandate of who happens.»
Sole repeal provision. Repeal legislation.
They are hereby repealed many provisions of the General Regulation of Chambers, approved by Decree 1291 / 1974, 2 may, amended by the Royal Decree 753/1978, of 27 March, and by the Royal Decree 816/1990, of 22 June to oppose provisions of this Royal Decree.
First final provision. Basic character and competence title.
This Royal Decree shall apply in the cities of Ceuta and Melilla.
Articles 16 bis, paragraphs 3 and 4 16 ter, letter a) of paragraph 3; 19 bis 1 and 2 of the General rules of the official Chambers of Commerce, industry and navigation, have the character of basic legislation on the basis of the legal regime of public administrations, in accordance with article 149.1.18. ª of the Constitution.
The articles 19.3 and 19 bis 3 of this Royal Decree will protect in the exclusive competence of the State to regulate the matter of post and telecommunications, resulting from the rule 21st article 149.1 of the Constitution.
Second final provision. Entry into force.
This Royal Decree shall enter into force the day following its publication in the "Official Gazette".
Given in Madrid, August 31, 2007.
JUAN CARLOS R.
The Minister of industry, tourism and trade JOAN CLOS I MATHEU