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Royal Decree 1204 / 2006, Of 20 October, Amending The Royal Decree 1339 / 1999 Of 31 July, Which Approves The Regulations Of The National Commission Of Energy.

Original Language Title: Real Decreto 1204/2006, de 20 de octubre, por el que se modifica el Real Decreto 1339/1999, de 31 de julio, por el que se aprueba el Reglamento de la Comisión Nacional de Energía.

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TEXT

Royal Decree 1339/1999, of 31 July, which approved the regulation of the National Energy Commission, came to specify various aspects of its structure, functions and legal regime, which had already been established, with General character, in Law 34/1998 of 7 October, of the Hydrocarbons Sector, for which this public body was established. Subsequently, Royal Decree 3487/2000, of 29 December, amended the aforementioned Regulation of the National Energy Commission, in order to adapt it to the organizational innovations introduced in Law 34/1988, of 7 October, of the Sector of Hydrocarbons by Law 55/1999 of 29 December 1999 on fiscal, administrative and social measures. The purpose of this royal decree is to reform the system of organization and operation of the National Energy Commission, which serves, essentially, two objectives: on the one hand, to speed up the framework of relations of this regulatory body, and, to improve the operational capacity of its various organs, following closely the models offered by the regulation of the organic and functional system of other similar bodies, singularly the National Commission of the Market Securities (CNMV) and the Telecommunications Market Commission (CMT). As regards the first of these objectives, the requirements for the prior reporting by the Government or the General Administration of the State, other than the National Energy Commission, are deleted, both in the preparation of its rules of procedure. internal arrangements as in that of its circulars. As regards the system of organisation and operation of the Commission, it is determined to improve the functionality of its highest governing body, the Board of Directors, by ruling out the exercise of powers of mere management or marking. (a) the Commission's Presidency, which allows the Council, as a higher collegiate body, to be able to concentrate on the exercise of its most relevant substantive functions, in order to ensure that the Council is able to In particular, the regulatory, proposal and report and arbitration functions, without prejudice to flexibility In any case, it would seem appropriate to give the Council the opportunity to give the Council a large number of powers, either in the Presidency, in one or more of its members or even in other bodies of the Commission. In this way, the organic and functional regime of the National Energy Commission approaches and resembles that of the other two regulatory bodies with which it shares in a high degree common characteristic elements, the aforementioned CNMV and CMT. Finally, the organic profile and the powers of the Secretary of the Board of Directors of the National Energy Commission are needed, and some aspects of the regulation concerning the regime of the management staff of the Commission. In its virtue, at the initiative of the Minister of Industry, Tourism and Trade, and at the joint proposal of the Ministers of Public Administrations and of Economy and Finance, in agreement with the Council of State and after deliberation of the Council of Ministers in their meeting of the day of 20 October 2006,

D I S P O N G O:

Single item. Amendment of Royal Decree 1339/1999 of 31 July approving the Regulation of the National Energy Commission.

Articles 2, 17, 19, 22, 24, 25, 26, 42 and 45 of Royal Decree 1339/1999, of 31 July, approving the Regulation of the National Energy Commission, which are drawn up in the terms indicated in the following paragraphs: One. Article 2 (3) is worded as follows:

" 3. The National Energy Commission shall adopt its internal rules of procedure, which, in accordance with this Regulation, shall regulate the operation of its organs, as well as the technical, legal, administrative and economic services necessary for its operation. proper operation. Once approved, the Rules of Procedure shall be published in the Official Gazette of the State. "

Two. Article 17 is worded as follows:

" Article 17. Issuance of circulars.

In the exercise of the function of issuing circulars of development and execution of the norms contained in the royal decrees and the orders of the Ministry of Industry, Tourism and Commerce that are dictated in the development of the regulations energy, provided that these provisions enable you to express for this purpose, and of circulars of information referred to in the additional provision eleventh tercera.1 and 4 of the Law of the Sector of Hydrocarbons, the National Energy Commission they must submit the same to the report of their Legal Counsel, prior to their approval. "

Three. Article 19 is worded as follows:

" Article 19. The Board of Directors.

1. The National Energy Commission shall be governed by a Management Board to which the exercise of all the functions laid down in the preceding chapter shall be carried out, except those expressly conferred by this Regulation on other bodies of the Commission. For the purposes of the development of these tasks, the Management Board shall also have the following powers: (a) Approve the Commission's Rules of Procedure. (b) Approve, on a proposal from the President, the preliminary draft budget of the Commission and draw up the annual accounts for the financial year. (c) To inform in advance of the appointment of the Secretary of the Council. (d) Approve, on a proposal from the President, the Commission's memory. e) The annual approval of a Memory of Activities, which will be submitted to the Government for referral to the General Courts. (f) the others which are assigned to it by the rules applicable to it. 2. Within the Council, a Government Commission shall be formed chaired by the Chairman of the National Energy Commission and shall also be formed by two other Council Vocals designated by the Council. He will act as Secretary of the Government Commission, with a voice but no vote, that of the Board of Directors. It is up to the Government Commission to appoint the management staff of the National Energy Commission. It may also assist the President of the latter in the exercise of his own powers. 3. The Council may also delegate to the President, in the Vocals, a delegated Commission of the Council itself, consisting of no more than three of its members, and in other bodies of the Commission, the exercise of its powers. The following powers may not be delegated: (a) The issue of circulars. (b) The approval of the Commission's Rules of Procedure. (c) The adoption of the preliminary draft budget of the Commission and the formulation of its annual accounts. (d) The report prior to the appointment of the Secretary of the Council. (e) Those other powers which, by law, are inselectable. In any event, the Council shall be informed, in the manner determined in the Rules of Procedure, of any decisions or decisions taken by delegation. "

Four. The second paragraph of Article 22 shall be deleted.

Five. Article 24 is amended, which is worded as follows:

" Article 24. Economic compensation scheme.

The President, the Vice President, and the members of the National Energy Commission, when they cease in office and for the next two years, will not be able to engage in any professional activity related to the energy sectors. By virtue of this limitation, the President, the Vice-President and the vowels of the National Energy Commission will have to resign or permanent incapacity for the exercise of their duties by the end of their term of office, the President, the Vice-President and the members of the National Energy Commission. the right to receive, from the month following the month in which the termination of the payment is made, and for a period equal to that of the two-year limit, a monthly economic compensation equal to the part of the total of 80 per 100 of the total of remuneration allocated to the respective charge in the budget in force for the period indicated. The aforementioned compensation will be incompatible with the performance of the reference charges, in the case of being designated again for one of the same. Their perception by the officials who return to the active service in their Bodies or Escalations of provenance shall be governed by the provisions of the rules on incompatibilities that apply to them. "

Six. Article 25 (2) is worded as follows:

" 2. It is for the President of the National Energy Commission to: (a) To hold the legal and institutional representation of the Commission in any acts and contracts and in respect of any natural or legal person, whether public or private, in judgment and beyond him. (b) With regard to the Council and the other collegiate bodies of the Commission whose presidency is responsible, it shall exercise the powers conferred on the Presidents of the administrative collegiate bodies by Law No 30/1992 of 26 November 1992 on the Public administrations and the Common Administrative Procedure. (c) Interpreting the Rules of Procedure, giving effect to the internal instructions provided for. d) To exercise the actions and resources that correspond to the National Energy Commission in defense of its interests. (e) Propose the annual objectives of the Commission to the Council. (f) To direct and coordinate the activities of all the Commission's management bodies, and to distribute the functions among them, and may dictate to the effect the instructions for service. (g) Submit to the Council, for approval, the preliminary draft budgets and programmes and annual accounts. (h) Discharge expenditure and order payments from the Commission. (i) To conclude the contracts and agreements of the Commission. (j) to be the head of the staff of the Commission. (k) Sign and order the publication of the Commission's circulars. (l) to channel the institutional relations of the Commission, as well as relations with the media. (m) to exercise the powers conferred on it by the Council. (n) to resolve all matters which are not reserved or are legally or legally conferred on other bodies. n) to exercise the other functions assigned to it by the legal system. The President may delegate the exercise of his powers to the Vice-President, to the Vocals or to the Directors of the Commission, except for those which are inselectable. "

Seven. Article 26 is worded as follows:

" Article 26. Secretary.

1. The President of the National Energy Commission shall appoint a Secretary to the Board of Directors, acting in a voice but without a vote, and shall be the legal adviser to the Commission, with the advice of all its bodies in the legal matters raised by it, as well as the review of the legality of the acts and agreements adopted by the Board of Directors of the National Energy Commission. The Secretary shall assist the President in preparing the work and meetings of the National Energy Commission. It shall also have the following powers: (a) The coordination of the Commission's services. (b) to assist the President of the Commission in the exercise of the powers referred to in points (f) and (j) of Article 25.2 of this Regulation. (c) Develop the preliminary draft annual objectives and the annual report of the Commission. (d) Those expressly delegated to it by the Management Board, the President or the Vice-President of the Commission. (e) any other rules which are conferred on it by the Rules of Procedure or other rules which may be applicable. 2. The Secretary shall be the Council and the other collegiate bodies of the National Energy Commission and shall be responsible for the exercise of the powers conferred on the Secretaries of the administrative collegiate bodies by Law 30/1992, 26 November, the Legal Regime of Public Administrations and the Common Administrative Procedure. 3. In the case of vacancy, absence or illness, the Secretary of the Board of Directors shall be replaced by the Deputy Secretary, who shall be appointed by the President of the Commission, heard by the Council. The President may require his assistance, with a voice but without a vote, to the meetings of the Management Board, as well as to the other collegiate bodies of the Commission. "

Eight. Article 42 (2) is worded as follows:

" 2. The selection of such staff, with the exception of the Secretary and the staff of a managerial staff, shall be made by public notice and in accordance with procedures based on the principles of equality, merit and capacity. For these purposes, the Commission's Rules of Procedure shall specify the posts for which the members of the staff are to be taken into account. In any event, the Directors and the staff who, at the level immediately below the Director's level, are directly dependent on them or the Secretary of the Board of Directors shall be such a consideration. "

Nine. The second subparagraph of Article 45 (2) is worded as follows:

" To make this control effective, on an annual basis, the National Energy Commission will draft a Plan of Action in coordination with the Ministry of Industry, Tourism and Trade, which will be followed by the monitoring of its execution. On an annual basis, the National Energy Commission shall send to the Department a report indicating the actions taken and the degree of implementation of the Action Plan, justifying, where appropriate, any deviations from the action plan. they produce in respect of the Plan's forecasts. "

Single additional disposition. Amendment of the references to organs of the extinct Ministry of Industry and Energy.

1. The references to the Ministry of Industry and Energy contained in Royal Decree 1339/1999, of 31 July, shall be understood by the Ministry of Industry, Tourism and Trade.

The references to the Minister for Industry, Tourism and Trade must also be taken into account. 2. References to the Secretary of State for Industry and Energy contained in Article 20.2 Royal Decree 1339/1999, of 31 July, shall be understood as being made to the Secretary-General of Energy. 3. The reference to the Director General of Energy, contained in Article 43.5 of Royal Decree 1339/1999, of 31 July, shall be understood as the Director-General of Energy Policy and Mines.

Single end disposition. Entry into force.

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

Given in Madrid, on October 20, 2006.

JOHN CARLOS R.

First Vice-President of the Government and Minister of the Presidency, MARIA TERESA FERNÁNDEZ DE LA VEGA SANZ