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Order Cul/4406/2004, Of 17 December, Which Regulates The Advisor Publications Committee Of The Ministry Of Culture.

Original Language Title: ORDEN CUL/4406/2004, de 17 de diciembre, por la que se regula la ComisiĆ³n Asesora de Publicaciones del Ministerio de Cultura.

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TEXT

The Royal Decree 118/2001 of 9 February, for the ordination of official publications, states in its preamble that official publications should constitute the information and dissemination support for the activities carried out by the Administration. Article 6 also provides for the need to set up a Publications Advisory Commission in each Ministry, which will exercise in the department's editorial work the functions of the report, guidance and advice described in the article. 7 of the aforementioned Royal Decree. In addition, the Royal Decree 553/2004 of 17 April, for which the ministerial departments are restructured, has set up the Ministry of Culture with the powers laid down in Article 14. In turn, the Royal Decree 562/2004, of April 19, establishes the basic organic structure of the new department and the Royal Decree 1601/2004, of July 2, develops this basic structure. The Order of 22 September 1997, which is regulated by the Publications Advisory Committee of the Ministry of Education and Culture, was the Advisory Commission for Publications in the Ministry of Education and Culture. As a result of the creation of the Ministry of Culture and in accordance with the additional provision of Royal Decree 1601/2004, the collegiate bodies of the Department, whose composition and functions have a purely ministerial scope, may be regulated, modified or deleted by order of the Minister for Culture. As a result, it is necessary to set up the Publications Advisory Commission of the new Ministry of Culture, to regulate its structure and functions, as well as the participation in it, in the aspects related to the editorial activity of the Ministry of the General Secretariat for Publications, Information and Documentation and the Public Bodies attached to the Department. Such aspects constitute the object of this order. In its virtue, prior to the report of the Board of Coordination of Official Publications and with the approval of the Minister of Public Administrations, I have:

First. -Nature and objectives of the Publications Advisory Commission.

The Advisory Committee on Publications of the Ministry of Culture is constituted as a collegiate body attached to the Department's Secretariat, with the aim of carrying out the actions of guidance, advice and concerning the editorial activity and publications of the Department and of the public bodies attached to it, in accordance with the provisions of Article 7 of Royal Decree 118/2001 of 9 February, for the management of publications officers. Second, what the Commission has to do.

1. The Publications Advisory Committee is composed of the following members: (a) President: The Department's Assistant Secretary, who may delegate his duties to the Vice-President.

b) Vice President: The Technical General Secretariat. (c) Vocals: A representative, with the rank of Deputy Director General, of each of the Directorates-General of the Department, a representative of the Budget Office and a representative of each of the public agencies under the Ministry Culture. He will also be a member of the Commission, with voice and vote, the Deputy Director-General for Publications, Information and Documentation, who will act as Secretary.

2. In addition to the members referred to in the preceding paragraph, they may attend the meetings of the Commission, as advisers, those officials whose assistance is advisable for the purposes of the matters to be dealt with, upon appointment by the Commission. President of the Commission. Third. -Functions of the Commission.

The Publications Advisory Commission will perform the following functions:

a) Inform, prior to its referral to the Board of Coordination of Official Publications, the proposals of the Department in relation to the General Plan of Official Publications.

b) Report the editing proposals to be included in the annual editorial program of the Department, in accordance with the criteria and objectives set out in the General Plan for Official Publications. c) Orienting the department's publishing and dissemination activities, providing advice on all matters related to them. (d) to inform and propose the criteria applicable to the distribution and marketing of the official publications of the Department, in accordance with the provisions of Article 1.3.c) of Royal Decree 118/2001. (e) To advise the General Secretariat on publications. f) Report the Annual Report of the Department's publications. (g) Report the draft rules affecting the Department in the field of official publications.

Fourth. Functions of the Vocals.

Vowels to be integrated by the Commission shall perform the following functions:

(a) To inform the Commission promptly of the proposals for the editing of the Steering Centre which they represent as many times as they are requested.

b) Report to the Steering Center or Body representing all applicable regulations, as well as those procedures to be established for the best performance of the General Plan for Official Publications. (c) To be responsible for ensuring that all the information requested for the inclusion of publications in the general catalogue of official publications is adequately and promptly provided to the Unit responsible for drawing up the catalogue.

Fifth. -Forms of operation.

1. The Publications Advisory Committee shall act in plenary and in the Standing Committee.

2. The Standing Committee, chaired by the Deputy Director-General for Publications, Information and Documentation, shall be composed of the members of the Commission appointed by the plenary, on a proposal from the President. He will act as Secretary of the same Head of Publications Area. The Standing Committee shall exercise the functions delegated to it by the Plenary. 3. Within the Standing Committee, working groups may be set up by different members on the basis of their particular expertise, in order to draw up the reports and studies which the Commission entrusts to them.

Sixth. -Meetings of the Publications Advisory Commission.

Upon convening of its President, the Publications Advisory Committee shall meet, at least twice a year, and whenever its President deems it appropriate for the development of any of the powers conferred on it.

Seventh. -elaboration of the Editorial Program.

1. The management bodies, autonomous entities or bodies and other public bodies of the Department shall forward to the Technical General Secretariat, within the time limit specified by the Secretariat for the purposes of drawing up the editorial programme, the proposals for publications of any kind which, due to the dissemination of the activity and the objectives of the Department, are deemed appropriate to be edited. The proposals will contain a reference to the content, the draft estimate and the planned publication schedule, in accordance with the information sheet for the editorial proposal.

2. The forecasts for editions of brochures, triptytics, diptics, loose sheets, posters and other similar ones, of the so-called 'other types of publications' in Article 2.1 (a) of Royal Decree 118/2001, shall be classified according to their purpose and the criteria to be determined by the Department.

Eighth. -Approval of the Editorial Program.

The Technical Secretary General may approve, by delegation of the Minister, the Ministry's editorial program. The review of this programme, referred to in Article 2.2 of Royal Decree 118/2001, may also be approved by the Secretary-General Technical by delegation of the Minister.

Ninth. -Exceptional procedures for the inclusion of publications in the Editorial Program.

It is delegated to the Technical Secretary General to exercise the powers for the inclusion in the editorial program, exceptionally, of publications for reasons of necessity and urgency, in accordance with the provisions of the Additional provision of Royal Decree 118/2001, dated 9 February, for the management of official publications.

10th. Identification number of official publications.

1. Single, periodic, audiovisual, cartographic and electronic and computer publications, as well as brochures, maps, loose sheets and posters published by the Department, will have to be printed with the publication identification number (NIPO), in accordance with Articles 8 and 9 of Royal Decree 118/2001, and in the Order of the Ministry of the Presidency of 30 December 1993 governing the identification number of official publications (NIPO).

2. For the purposes of the application of the NIPO, it is understood that a publication is official provided that a logo or identifying element of the Department appears in it, even if it does not involve the processing of a file of expenditure. 3. For the assignment of the identification number, the publication in question shall be included in the editorial program of the Department. 4. The delegated intervention will require that in any case of expenditure for the realization, editing and distribution of official publications, the declaration of the concession of the NIPO is incorporated, as well as the certification of the Secretariat of the Advisory Commission of the Department accrediting the inclusion of the publication in the editorial program.

11th. -Requirements for the performance of official publications.

In addition to the inclusion of the NIPO, official publications must comply with the current legislation on ISBN and legal deposit. They must also comply with the provisions of Royal Decree 1465/1999 of 17 September 1999 laying down criteria for the institutional image and regulating the production of documents and printed material from the General Administration of the State.

12th. -Public bodies.

In accordance with Article 4 of Royal Decree 118/2001, the public bodies attached to the Department shall have in the field of publications, the following functions: (a) Formulate their proposals for publications for inclusion in the project of the Editorial program of the Department, as well as the editing proposals that arise after the approval of the editorial program.

b) Edit your own publications, in accordance with the editorial program and in the framework of the editorial line agreed upon in the Ministry's Publications Advisory Commission. (c) Set the sales prices of its publications, in accordance with the guidelines of the General Plan for Official Publications and in accordance with the instructions of the Publications Advisory Commission and the Coordination Board of Official Publications. (d) Distribute and market their publications, in accordance with the published editorial line agreed in the Ministry's Official Publications Advisory Commission.

13th. -Legal framework and operation.

1. Without prejudice to the peculiarities provided for in this Order, the legal system and action of the Commission shall be in accordance with the provisions of Chapter II of Title II of Law No 30/1992 of 26 November 1992 on the legal framework of the General Government and the Common Administrative Procedure; Chapter IV of Title II of Law 6/1997 of 14 April of the Organization and the Functioning of the General Administration of the State, and Royal Decree 118/2001 of 9 February 1997, of the management of official publications in what is applicable to it.

2. The operation of the Commission will not entail any increase in public expenditure and will be dealt with with the material and personnel resources available at the Ministry of Culture.

Repeal provision. Regulatory repeal.

All provisions of the same or lower rank are repealed in so far as they are contrary to the provisions of this Order, and in particular the Order of 22 September 1997 governing the Advisory Committee on the Publications of the Ministry of Education and Culture, as regards the functions corresponding to the Ministry of Culture.

Single end disposition. Entry into force.

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

Madrid, 17 December 2004.

Calvo Poyato