Law 16/1985, of 25 June, of the Spanish Historical Heritage, in its article 49, considers an integral part of the Documentary Heritage to the documents of any time generated, preserved or assembled, in the exercise of its function, inter alia, by any body or entity of a public nature, understanding by document, for the purposes of that Law, any graphic, sound or image expression and collected in any kind of material support, including media computer.

This Law also provides, in Article 52, the obligation of all holders of the goods of the Documentary and Bibliographic Heritage to preserve them, protect them, use them for use that does not prevent their conservation and keep them in appropriate locations. Article 55 of the Law provides that the exclusion or removal of assets from such assets must be authorized by the competent authorities, by means of the procedure to be established by regulation.

Finally, article 58 of the Law provides for the creation of the Superior Commission of the Qualifier of Administrative Documents in charge of the study and the opinion of the questions concerning the qualification and use of the documents the State Administration and the State Public Sector, their integration into the Archives and the administrative access and uselessness of such documents. This precept also provides for the creation of Qualifying Commissions in the public bodies to be determined.

The aforementioned Superior Commission of Administrative Documents was regulated by Royal Decree 139/2000 of 4 February, which regulates its composition, functioning and competences.

The forecasts referred to in Article 58 of Law 16/1985 were developed by Royal Decree 1164/2002 of 8 November 2002, which regulates the preservation of the documentary heritage with historical value, the removal of other documents from the General Administration of the State and its public bodies and the preservation of administrative documents in support other than the original. This Royal Decree, in turn, modified certain precepts of Royal Decree 139/2000 of 4 February, regulating the composition, functioning and powers of the Superior Commission of the Qualifier of Administrative Documents, in relation to the with the structure and functions of the High Commission.

The only transitional provision of Royal Decree 1164/2002 provided that in all the ministerial departments, the Qualifying Commissions of Administrative Documents will be created, if necessary, by Order, in which they will be Public bodies, unless they have their own Qualifier Commission.

In its virtue, and in the use of the powers conferred by Article 12 of Law 6/1997, of 14 April, of the Organization and the Functioning of the General Administration of the State,

D I S P O N G O:

First. Creation and membership.-The Administrative Document Qualifier of the Ministry of Public Administrations, attached to the Technical General Secretariat of the Department, is created as a collegiate body responsible for ensuring the protection of the documentary heritage of the Department and its public bodies, in accordance with Article 58 of Law 16/1985, of 25 June, the regulator of the Spanish Historical Heritage and with the Royal Decree 1164/2002 of 8 November, for which it is regulated the conservation of the Documentary Heritage with historical value, the control of the the elimination of other documents from the General Administration of the State and its public bodies and the preservation of administrative documents in support other than the original.

Second. Composition.

1. The Commission shall have the following composition:

President: The Technical Secretary General.

Vice President: The Assistant Director-General for Studies, Documentation and Resources.

Vocal, with rank of Subdirector general or assimilated, designated by the respective organ or body:

(a) A representative of the Secretariat of State for Public Administration.

b) A representative of the Secretariat of State of the State of Territorial Organization.

c) A representative of the Secretariat.

d) A representative of the General Mutuality of Civil Servants of the State.

e) A representative of the National Institute of Public Administration.

Secretary: The Head of File Area of the General Subdirectorate for Studies, Documentation and Resources, with voice and vote.

2. The Commission may convene representatives of those bodies or bodies whose documentation is to be examined in each individual case, which shall have a voice but do not vote in the meetings to which they attend.

3. The Commission may request the advice of the archivists and other technicians of the Ministry or its autonomous bodies whose contribution may be of interest to the Commission, in the light of the nature and characteristics of the documents to be provided to the Commission. examine.

Third. Functions. -They are the functions of the Commission, the following:

a) Propose, prior to the relevant studies, the deadlines for the permanence of documents or documentary series in the office archives of the Ministry and its public bodies, propose the criteria and deadlines for their transfer to the Central File of the Ministry, as well as the time limits for its subsequent transfer to the General Archive of the Administration.

b) Initiate the procedure for the removal of documents or documentary series from the Ministry and its public bodies and, where appropriate, the preservation of their content in support other than the original in which they were produced.

c) Propose criteria for access to documents and documentary series of the Ministry and its public bodies.

(d) Report to the Superior Commission of the Qualifier of Administrative Documents on Denials of Access to Documents and Documentary Series that have been produced in the field of the Ministry and its Public Bodies.

e) Propose criteria on the treatment and custody of administrative documents, in their field of action.

f) Velar for the fulfilment of the criteria set by the Superior Commission of Management Documents.

g) The other functions attributed to him by the current regulations and any other subject matter concerning archival matters submitted to him by his President.

Fourth. Operation. The Commission shall meet at least twice a year, provided that it is convened by its President.

At the initiative of the President, the Commission may set up as many working groups as necessary, determining its composition and functions.

As not provided for in this Order, the Commission shall adjust its operation as provided for in Chapter II of Title II of Law No 30/1992 of 26 November of the Legal Regime of Public Administrations and of Procedure Common Administration.

Fifth. Public expenditure. The operation of this Commission shall not entail an increase in public expenditure and its members shall not receive any remuneration for the performance of their duties, except where appropriate, those which may correspond to it by application of the rules in force for compensation for the purpose of the service.

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

Madrid, October 15, 2003,

GARCIA-SALGADO VALDECASES