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Royal Decree 164/2002, Of 8 February, Which Approves The Statute Of The Public Enterprise Red.es.

Original Language Title: Real Decreto 164/2002, de 8 de febrero, por el que se aprueba el Estatuto de la entidad pública empresarial Red.es.

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TEXT

Until April 2000, the main function of the business public entity Red.es, formerly known as the Spanish Television Network, had been the provision, in the exclusive system, of the service support for the transport and broadcast of television signals in Spain. The entity has also played an essential role in the creation and subsequent privatization of the second telecommunications operator "Retevision, Sociedad Anonima". The new reality of the telecommunications sector, the need to promote the rapid development of the information society in our country, together with the liberalization of the provision of the said service and the completion of the process of privatisation, it made it necessary to adapt the tasks and tasks entrusted to the entity.

Already in Article 6 of Royal Decree-Law 16/1999 of 15 October, which adopted measures to combat inflation and to facilitate a higher degree of competition in telecommunications, the new entity was allocated In the case of the analysis, the study and the promotion of the introduction, in Spanish society, of advanced telecommunications networks and services. These new tasks were entrusted as a result of the imminent liberalisation of the provision of the carrier service for the transport and broadcasting of television signals, in April 2000, and having been completed on 30 March 2000. 1999, the privatization of the telecommunications operator "Retevision, Sociedad Anonima", by the sale of the public units owned by the business public entity.

A few months later, in March 2000, the business public entity was designated as the competent authority for the management of the Registry of Internet domain names under the country code for Spain.

Article 55 of Law 14/2000, of 29 December, of Tax, Administrative and Social Measures, amends the additional provision of Law 11/1998 of 24 April, General Telecommunications, and comes to to complete the process of transformation of the Spanish Television Technical Network of Television, which happens to be called Red.es, attributing to it new functions according to the new reality existing in the field. Red.es is attached to the Ministry of Science and Technology through the Secretariat of State of Telecommunications and the Information Society.

In the Law, it is expected that within six months, the statutes of Red.es will have to be adapted to the new regulations. In compliance with this legal mandate, the present draft of the Royal Decree approving the status of Red.es is presented, which is being repealed until now in force, corresponding to the business public entity Red Tecnica Española de Televisión, dating from 1989.

This Statute includes aspects relating to the legal regime, functions, organization, personnel, and economic and financial regime of the entity.

First, the nature and legal status of the entity is regulated, the activity of which will be subject to the rules of private law, except where it exercises administrative powers in which case it is governed by the law Administrative.

Also, the functions and object of the entity are developed, with the activities that are planned to be carried out, in fulfillment of the functions attributed to it by the Law, in particular those related to the promotion and development of telecommunications and the information society.

Thus, the functions related to the management of the Internet domain name registry under the country code corresponding to Spain are entrusted to it ". is", which include in a generic way all the functions related to the processing of domain requests and the allocation of domains in accordance with the relevant regulations, and the carrying out of the technical functions necessary to ensure the correct functioning of the system of domains in Spain and in the Global internet network. It is also for the participation of international organizations to coordinate the management of the domain name system, and, when requested, the advice of the General Administration of the State in the exercise of its powers. in the field of internet domains, in particular related to their regulation and management and participation in international bodies and the European Union.

It has also been entrusted to Red.es, when required, the advice of the General Administration of the State in all matters relating to telecommunications and the information society. The aim is to carry out studies and reports relating to telecommunications and the information society which may be of use to the various bodies of the General Administration of the State in the exercise of its powers. competence and for the implementation of projects or initiatives related to telecommunications and the information society.

This role is without prejudice to the competencies entrusted to existing advisory and collegiate bodies.

Finally, some of the functions that the Red.es perform are developed and concretized in the exercise of the generic function of the promotion and development of the information society that the Law attributes to it. This includes the implementation of programmes for the dissemination and extension of telecommunications and the information society, including programmes co-financed with European funds, initiatives to promote the safe use of the Internet, as well as the the provision of all kinds of services contributing to the promotion and development of the information society.

The organisation and operation of Red.es, whose governing bodies shall be the President, the Board of Directors and the Director-General, are hereby established. The composition and functions of the Board of Directors, and the functions of the President, whose ownership is attributed to the Secretary of State for Telecommunications and the Information Society, are regulated. The executive body of the institution shall be the Director-General, and its tasks shall also be defined.

For the performance of the function of the observatory of telecommunications and the society of the information attributed to it by the Law, it is created in Red.es the Observatory of the Telecommunications and the Information Society advisory body to be attended by the various public administrations, the main business organisations in the sector, users, trade unions, professional associations and renowned experts.

Among its main functions are the elaboration of studies and the follow-up of the initiatives adopted by the Administration in the field of telecommunications and information society, elaboration of indicators and analysis of the metric on the development of telecommunications and the information society in Spain.

The implementation of the Observatory is without prejudice to the tasks entrusted to other existing collegiate bodies and advisers, relating to telecommunications and the information society such as the Council. Adviser to the Telecommunications and Information Society, the Higher Council of Informatics, and the Inter-Ministerial Commission of the Information Society and New Technologies.

Certain provisions relating to staff at the service of the institution are also included, regulating their relations with the management and non-management staff, as well as the heritage regime of Red.es, providing for the existence of a inventory of permanently updated goods and rights.

Finally, the economic and financial system is regulated, providing for the existence of a multi-annual action programme, as well as the accounting and control system and the budgetary regime.

Consequently, this Royal Decree is intended to approve the Statute of the business public entity Red.es, in accordance with the provisions of paragraph 12 of the sixth provision of Law 11/1998 of 24 April, General Telecommunications.

In its virtue, on the initiative of the Minister of Science and Technology, on a joint proposal of the Ministers of Public and Finance, in agreement with the Council of State and after deliberation of the Council of Ministers in their meeting on 8 February 2002,

D I S P O N G O:

Single item. Approval of the Staff Regulations.

The Staff Regulations of the business public entity Red.es are approved, the text of which is inserted below.

Additional disposition first. Succession in rights and obligations of the public Spanish Television Technical Network.

The business public entity Red.es is the business public entity of the Spanish Television Network in all its existing rights and obligations to the entry into force of this Royal Decree.

Additional provision second. Integration of staff.

The staff who served in the Spanish Television Network's business public entity will continue to provide its services in the business public entity Red.es, keeping all the effects of the of existing rights and obligations to the entry into force of this Royal Decree.

Single repeal provision. Regulatory repeal.

The Royal Decree 545/1989, dated 19 May, is repealed and the Statute of the public body of the Spanish Television Network (RETEVISION) is approved.

Final disposition first. Powers of development.

The Minister of Science and Technology, and the Ministers of Finance and Public Administrations in the field of their competences, are empowered to dictate how many provisions and measures are deemed necessary for development and application of this Royal Decree.

Final disposition second. Entry into force.

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

Given in Madrid to February 8, 2002.

JOHN CARLOS R.

The Minister of the Presidency,

JUAN JOSE LUCAS GIMENEZ

CORPORATE PUBLIC ENTITY STATUTE RED.ES

CHAPTER I

General provisions

Article 1. Nature.

1. Red.es is set up as a business public entity as provided for in Article 43.1.b) of Law 6/1997, of 14 April, of the Organization and the Functioning of the General Administration of the State, in accordance with the provisions of the provision Article 55 of Law 14/2000 of 29 December of 29 December on Tax, Administrative and Social Measures

as amended by Law No 11/1998 of 24 April 1998.

2. The business public entity Red.es has its own legal personality, full legal capacity and to act and autonomy of management for the fulfillment of its aims.

3. The business public entity Red.es is attached to the Ministry of Science and Technology through the Secretariat of State of Telecommunications and the Information Society, which corresponds to its strategic direction and the the assessment and effectiveness of their actions, in accordance with Articles 43 and 59 of the Law on the Organization and the Functioning of the General Administration of the State.

Article 2. Legal framework.

1. The business public entity Red.es is governed by the provisions of the additional sixth provision of the General Law of Telecommunications, in the applicable provisions of the Law of Organization and the Functioning of the General Administration of the State and of the budgetary legislation, and as provided for in this Statute.

2. The activity of the business public entity Red.es is governed by private law, except in the formation of the will of its organs, in the exercise of administrative powers that it has attributed and in the specifically regulated aspects for business public entities in the Law of the Organization and the Functioning of the General Administration of the State and in budgetary legislation, and as provided for in this Statute.

In particular, the management of the fee for the allocation of the limited resource of names and addresses shall be governed by the rules of administrative and tax law that are applicable.

CHAPTER II

End, functions, and object of the Red.es business public entity

Article 3. Functions of the business public entity Red.es.

1. It corresponds to the entity Red.es performing the following functions:

(a) The management of the registration of Internet domain names and addresses under the country code corresponding to Spain (.es), in accordance with the policy of records to be determined by the Ministry of Science and Technology and in the relevant regulations.

b) Participation in the bodies coordinating the management of name and domain records of the Internet Corporation for the Allocation of Names and Numbers (ICANN), or the organization that, if any, replaces it, as well as the advising the Ministry of Science and Technology in the ICANN Government Advisory Committee (GAC), and, in general, when requested, the advice of the General Administration of the State in the other international organizations and, in in the European Union, in all areas of its competence.

c) The observatory of the telecommunications and information society sector.

(d) the preparation of studies and reports and, in general, the advice of the General Administration of the State in all matters relating to telecommunications and the information society, in accordance with the instructions which The Ministry of Science and Technology. The exercise of this function shall be without prejudice to the functions conferred on other bodies already in existence with powers in the field of telecommunications and the information society.

e) The promotion and development of the information society.

In this scope, it corresponds to Red.es the realization, among others, of the following functions:

1. The management of dissemination programmes aimed at promoting the knowledge of telecommunications and the information society, including the implementation of programmes for the extension of telecommunications and telecommunications the information society entrusted to it by the Secretary of State for Telecommunications and the Information Society, including those relating to Community structural funds, the management of which is not attributed to other bodies.

In addition, within this function, Red.es will provide support to the competent bodies of the General Administration of the State for the implementation of the electronic administration, in the management of those specific programs that the bodies are assigned in relation to the development of e-government.

2. The implementation of programmes to promote safer use of the Internet, telecommunications and information technologies by citizens and businesses.

3. The provision, under private law, of services related to the assignment and management of domain names on the Internet other than those mentioned in subparagraph (a).

4. Support for the Secretariat of State for Telecommunications and for the Information Society in the implementation and dissemination of projects included in the Plan of Action Info XXI. Similarly, and without prejudice to the powers of other existing bodies, it will be able to provide support for the implementation and dissemination of those initiatives which could in future be promoted by the Government in the field of society. information.

5. The provision of other services related to the promotion and development of the information society. In particular, Red.es will encourage participation in forums and the implementation of programmes for the dissemination of telecommunications and the information society in the Ibero-American sphere, all without prejudice to the functions attributed to the Spanish Agency for International Cooperation and other bodies of the General Administration of the State which maintain international relations in this field.

f) Other items that are entrusted to you related to the above.

2. For the best performance of its purposes, the business public entity Red.es may perform as many commercial and industrial activities related to its object, as agreed by its governing bodies. In particular, it may create and participate in commercial companies, as well as in entities, foundations, associations or other non-profit legal entities, national or foreign, where this is essential for the achievement of the objectives allocated.

In the same way you can formalize, manage and manage funds, grants, credits, guarantees or other guarantees, and you can do all kinds of financial operations.

Article 4. Conventions.

For the best performance of the tasks entrusted to it, the business public entity Red.es may conclude all types of agreements or agreements with public and private entities or institutions, national and

In particular, it may establish agreements with official or private institutions for the channelling, management and administration of funds, aid and financial instruments related to its activity.

CHAPTER III

Organization and operation

SECTION 1. GENERAL PROVISIONS

Article 5. Steering organs.

1. The management organs of Red.es are:

a) The President.

b) The Board of Directors.

c) The CEO.

2. The Management Board may, for the best of its purposes, set up an Executive Committee for the performance of the tasks entrusted to it by delegation.

SECTION 2. THE PRESIDENT

Article 6. President of Red.es.

He will be President of Red.es and his Board of Directors, the Secretary of State for Telecommunications and the Information Society.

Article 7. Duties of the President.

1. Corresponds to the President of Red.es:

a) The entity's maximum representation to all persons and entities.

b) Exercise the high inspection of all the services of the entity and the monitoring of the development of its activity.

c) To ensure compliance with the purposes of the entity, the provisions of this Statute and its implementing rules.

d) Propose to the Board of Directors the organizational structure of Red.es, without prejudice to the provisions of the Telecommunications and Information Society Observatory in Article 20 of these Statutes.

(e) Propose to the Board of Directors the appointment and separation of the Director-General, Directors, Secretary-General and other management personnel entrusted with the management of the organic units in which the structure of the Red.es.

(f) Solve the administrative resources that are brought against the decisions of the Director-General, given in the exercise of the administrative powers assigned to them.

(g) Other than that attributed to it by this Statute or any other provisions and the exercise of which it is delegated by the Board of Directors.

h) Other than those attributed to another organ in these Statutes.

2. The President may delegate to the Director-General and to the holders of the organic units in which he is structured. It is the functions provided for in the preceding paragraph, with the exception of those set out in paragraphs (b), (c), (e) and (f)

SECTION 3 ADMINISTRATION COUNCIL

Article 8. Composition.

1. The Board of Directors shall be composed of the President, who shall also be the President of the Board, by the Director-General of the Board, by a number of vowels not less than 10 and not more than 17 and by the Secretary of the Council.

2. In cases of vacancy, absence, illness or other legal cause, the President shall be replaced by the Director-General in his duties as Chairman of the Board of Directors.

3. They may attend the meetings of the Board of Directors, with a voice but without a vote, all persons who are convened by their President, as experts in the subjects included on the agenda, in order to give due consideration. assistance to the Council.

Article 9. Appointment and dismissal of vowels.

The vowels of the Board of Directors of Red.es shall be appointed and, where appropriate, terminated by the Minister of Science and Technology among the staff at the service of the General Administration of the State of recognized competence. The members of the Council shall have the minimum category of Subdirector-General or assimilated.

The Director-General for the Development of the Information Society, the Director-General of Telecommunications and Information Technology, the Director-General of the Information Society, will have the consideration of vowels from the Board of Directors. Cabinet of the Minister of Science and Technology, the Director of the Cabinet of the Secretary of State for Telecommunications and the Information Society, the Head of State Advocacy in the Ministry of Science and Technology and the Director General Administrative Organization of the Ministry of Public Administrations.

Article 10. Functions.

1. The Board of Directors of Red.es is responsible for the following competencies:

(a) Dictate the rules of operation of the Council itself as not provided for in this Statute and in Chapter II of Title II of Title II of Law 30/1992, of 26 November, of the Legal Regime of the Public Administrations and of the Common Administrative Procedure.

(b) Approve the expenditure, the acts of disposal on own assets and funds and the contracts, covenants or conventions proposed by the Director-General of Red.es.

c) Approve participation in business, in commercial companies or domestic or foreign companies whose object is related to the purposes of the entity and determine its amount by fixing its form and conditions.

(d) Approve the formalization, management and administration of funds, grants, loans, credits, guarantees or other guarantees or any financial instruments at the service of its purposes as proposed by the Director-General of Red.es, as well as approve all kinds of financial operations.

e) Approve the multiannual action programme referred to in the General Budget Law and refer it to the Ministry of Finance, through the Ministry of Science and Technology, for approval by the Government.

f) initially approve the annual operating and capital budgets of the entity and raise them to the Ministry of Science and Technology for processing in accordance with the General Budget Law.

g) Approve the balance sheet, profit and loss account and explanatory memory of the annual management of Red.es and the application of results.

h) Approve the inventory of goods and rights, both own and attached, provided for in Article 56.4 of the Law of Organization and Operation of the General Administration of the State.

i) Approve the general criteria for action on the staff of the institution in accordance with the principles laid down in the current labour and budgetary regulations, and the remuneration proposals submitted to it by the President or the Director General of Red.es in accordance with the provisions of Article 55.3 of the Law on the Organization and the Functioning of the General Administration of the State.

j) Approve, on a proposal from the President, the organizational structure of the entity, and the appointment and separation of the Director-General, Directors, General Secretary and other management staff of Red.es to whom it is entrusted the address of the organic units in which the entity is to be structured.

k) Agree, on a proposal from the Director-General, the exercise of the actions and resources that correspond to the entity in defense of its interests.

(l) The others attributed to it in this Statute and in any other legal regulations in force.

2. The Management Board may, for the best performance of its tasks, delegate its powers.

It may, with its ordinary character, delegate its powers and powers to the Director-General of the institution, except as provided for in paragraphs (a), (e), (f), (g), (i) and (j) of the previous paragraph. It shall also lay down the limits below which the Director-General shall be responsible for the performance of the tasks referred to in paragraphs (b), (c) and (d) of the previous paragraph.

3. The acts of the Administrative Board in the exercise of administrative powers put an end to the administrative procedure.

Article 11. Operation of the Council.

1. The Board of Directors shall meet, upon a call by its President, at its initiative or at the request of at least three Directors, as often as is necessary for the proper functioning of the institution and at least 11 times a year.

2. The arrangements for the establishment and operation of the Management Board shall be in accordance with the rules laid down in Chapter II of Title II of Law No 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and the Rules of Procedure Common Administrative Board, and the provisions of this Statute and the rules of internal operation.

Article 12. Compensation scheme for assistance to the Board of Directors.

The members of the Board of Directors will be entitled to receive the corresponding economic compensation for their sessions, which will be fixed by the Council itself, in accordance with the guidelines of the Ministry of Finance. Finance for business public entities.

SECTION 4. DIRECTOR GENERAL

Article 13. Appointment and termination of the Director-General.

1. The Director-General is the executive body to which the management, management and management functions of the management correspond and through which the Council agreements are effective.

2. The Director-General shall be appointed and terminated by the Board of Directors on a proposal from the President, with the use of his relationship with the business public entity Red.es in accordance with the provisions of the current regulations.

3. The remuneration of the Director-General shall be determined by the Minister of Finance in accordance with the provisions of the General Budget of the State, where appropriate, on an annual basis.

Article 14. Functions of the Director-General.

1. The Director-General is responsible for the following functions:

(a) The effective exercise of the entity's powers of representation, administration, and management in accordance with the provisions of these Statutes.

b) To report diligently to the Board of Directors, as well as to the President, to his/her performance and how many matters concern the management of Red.es.

c) Run the Management Board agreements on time.

d) Take the entity's signature.

e) Propose to the Council the exercise of the actions and resources that correspond to the entity in defense of its interests.

f) Develop the organizational structure and determine the staffing template according to the general criteria established by the Council.

g) The top leadership of all Red.es services, assuming their direction, drive and inspection.

(h) Contreat non-management personnel of the entity and determine their remuneration, in accordance with the general criteria established by the Board of Directors and with the applicable legal provisions.

(i) Present to the Board of Directors the multi-annual action programme and the operating and capital budgets and present the profit and loss account, the proposal for the implementation of the results of the financial year, the balance sheet and the explanatory memory of the entity's annual management.

j) The resolution of the files for the granting and maintenance of names and addresses of Internet domain under the country code for Spain (.es), and for the management and collection of the corresponding fee.

k) Exercise the other powers and functions assigned to him by this Statute, and those delegated to him by the Board of Directors or the President.

2. The Director-General may, on a permanent or temporary basis, delegate to the management staff of the institution the powers which correspond to him, in accordance with the applicable rules, without thereby losing the responsibility for his exercise.

However, the powers set out in paragraphs (b), (c), (e) and (i) of the previous paragraph shall not be delegated in any case.

3. The Director-General shall be replaced in the case of a vacancy, absence, illness or legitimate impediment by that member of the institution which, on a proposal from the President, determines the Board of Directors. The replacement, while the reasons for the replacement will last, will attend the meetings of the Board of Directors with voice and vote.

SECTION 5 EXCEPTIONAL ADOPTION OF AGREEMENTS

Article 15. Exceptional adoption of agreements.

Exceptionally, in cases of urgent need or impossible meeting of the Board of Directors for lack of the "quorum", the President and the Director-General may, by joint agreement, adopt the decisions reserved for the competence of the latter, who are obliged to give the Management Board, at its first meeting, the agreements adopted, in order for them to be ratified. If the Council does not ratify the decisions or agreements thus adopted, they shall be deemed null and void for all purposes.

SECTION 6. OTHER ORGANIES

Article 16. Organic structure.

1. The Board of Directors shall be responsible for approving, on a proposal from the President, the organizational structure of the entity at the management level, and the functions attributed to each unit.

2. The development of such an organic structure, within the general staff performance criteria which may be established by the Management Board in accordance with Article 10, shall be the responsibility of the Director-General, in accordance with Article 14.1 of this Statute.

Article 17. The Secretary-General.

1. A General Secretariat shall exist within the structure of the entity.

2. The Secretary-General, who shall be entitled to a degree in law, shall be the Secretary of the Board of Directors.

3. The Secretary-General is responsible for the following functions:

a) Legal advice from Red.es.

(b) Veloing to the legality of the agreements adopted by the Board of Directors and for their timely implementation.

c) Attend the President of Red.es in the surveillance and enforcement of the Statutes.

d) The head of the staff at Red.es.

e) The own of the Secretariat of the Board of Directors and, where appropriate, of the Executive Committee.

SECTION 7: THE OBSERVATORY FOR TELECOMMUNICATIONS AND THE INFORMATION SOCIETY

Article 18. Creation, object and organs of support.

1. For the purpose of the exercise of the function of the observatory of the telecommunications and the information society sector as provided for in Article 3, the Telecommunications and Information Society Observatory shall be established. The Telecommunications and Information Society Observatory is a collegiate body of an advisory nature, attached to the entity Red.es, which corresponds to the monitoring and analysis of the telecommunications and telecommunications sector. the information society. Its composition, organization and functions are those that are determined in these Statutes.

2. For the purpose of carrying out the functions of support for the activities of the Telecommunications Observatory and the Information Society, a Department within Red.es, whose Director will be the Director of the Information Society, is constituted. Observatory.

Article 19. Composition and functioning of the plenary session.

1. The plenary session of the Telecommunications and Information Society Observatory shall be composed of the President of the Observatory, the Vice-President, the Vowels and the Registrar.

2. He will be President of the plenary of the Telecommunications and Information Society Observatory the President of Red.es.

In cases of vacancy, absence, illness or other legal cause, the President will be replaced by the Vice President.

3. He will be Vice-Chair of the plenary of the Telecommunications and Information Society Observatory, the Director of the Observatory.

4. They will be members of the plenary session of the Telecommunications and Information Society Observatory:

(a) On behalf of the General Administration of the State, appointed by the President of the Observatory on the proposal of the holders of the respective Departments, with category at least of Director General:

A vocal representative of the Ministry of Justice.

A vocal representative of the Ministry of Finance.

A vocal representative of the Ministry of Education, Culture and Sport.

A vocal representative of the Ministry of Labour and Social Affairs.

A vocal representative of the Ministry of Public Administration.

A vocal representative of the Ministry of Economy.

A vocal representative of the Ministry of Science and Technology.

A vocal representative of the Cabinet of the President of the Government.

(b) A voice on behalf of the Telecommunications Market Committee, appointed by the President of the Observatory on a proposal from the President of the Council of the Commission.

(c) A vowel representing the National Statistics Institute, appointed by the President of the Observatory on a proposal from the President of the Institute.

d) Representing the Autonomous and Local Administrations:

Up to four vocal representatives of the Autonomous Communities and Autonomous Cities, appointed by the President of the Observatory on a joint proposal from which they would have voluntarily accepted their participation in this body.

A vocal representative of the local authorities, if they had voluntarily accepted their participation in this body, chosen by the state-wide association with the highest implementation and designated by the President of the Observatory on the proposal of the Minister of Public Administrations.

e) On behalf of the most representative organisations and business associations in the state sector of the telecommunications and information society sectors, four members appointed by the President of the Observatory on the proposal of these.

f) On behalf of users:

A vowel representing consumer and user associations, appointed by the President of the Observatory on a proposal from the Consumers and Users Council.

A vowel representing the most representative state-wide associations of Internet users, appointed by the President of the Observatory on the proposal of the latter.

A vowel representing the most representative state-wide associations of the major users of the telecommunications and information society services, appointed by the President of the Observatory to proposal of these.

A vowel representing the most representative state-wide associations of the disabled group with special difficulties in accessing the information society, designated by the President of the Observatory to proposal of these.

g) On behalf of the trade unions, two vowels appointed by the President of the Observatory on the proposal of the two most representative state-level trade union organisations of workers in the telecommunications and information technologies.

(h) On behalf of the Professional Colleges, a vowel appointed by the President of the Observatory on a joint proposal from the Official College of Telecommunications Engineers and the Official College of Technical Engineers Telecommunications.

(i) Up to a maximum of four vowels appointed by the President of the Observatory between persons with special technical preparation and recognised professional experience in the fields of telecommunications and the society of the information.

5. The secretariat of the plenary session of the Telecommunications and Information Society Observatory shall be responsible for the Secretary-General of the institution who shall attend the plenary meetings with a voice and vote.

6. The term of office of the Centre shall be two years. The Vowels may be re-elected for equal periods of time.

7. The status of the Observatory member will be lost for the following reasons:

a) Renunciation.

b) Quit the requirements that determined your appointment.

(c) By agreement of the President of the Observatory, upon a proposal by whom he would have made it for his appointment.

d) Expiration of your command.

e) Any other legal cause.

8. Depending on the content of the subjects to be dealt with, they may attend the meetings of the Observatory with a voice but without a vote, at the invitation of its President, the management staff of Red.es, as well as experts in these matters.

9. The President of the Centre may set up the specialised working groups which he considers necessary for the performance of his duties.

These groups, which will have the consideration of the Observatory's working bodies, will be chaired by one of the members of the plenary, appointed by its president, and made up of those who decide the plenary session. assisted by persons linked to the telecommunications and society sector of the

information, experts in matters that are the subject of study.

10. The Minister for Science and Technology may extend the composition of the plenary session of the Telecommunications and Information Society Observatory, as provided for in paragraphs 1 (e) to (i) of this Article, where this is necessary for to accommodate the evolution of the telecommunications and information society sector or to improve the performance of its functions.

Article 20. Director of the Centre.

The Director of the Observatory shall be appointed and terminated by the Management Board on a proposal from its Chairman.

The Director of the Telecommunications and Information Society Observatory will have the rank of Director of Department within Red.es.

Article 21. Functions of the Centre.

1. The Telecommunications and Information Society Observatory shall have the following functions:

(a) Develop studies and follow up the policies developed by the Administration in the field of telecommunications and the information society, as well as the evolution thereof, in order to improve and extend its referential framework.

b) Develop reports and raise proposals in the various fields that have an impact on the viability and development of telecommunications and the information society in Spain.

c) Create and develop management tools to overcome the limitations and increase the efficiency of telecommunications and the information society and to enable the general access of the population to the same.

(d) to enhance the development and development of telecommunications and the information society in the field of enterprise, in particular in small and medium-sized enterprises, and to draw up an annual report on the same, the required statistical information shall be available.

e) The development of indicators for the development of telecommunications and the information society and, in general, the analysis of the metric of the telecommunications and information society sector in Spain.

f) Monitoring the development of telecommunications and the information society and the analysis of the main initiatives at international level.

g) Other than previous ones that are attributed to you.

The exercise of these functions shall be without prejudice to the functions assigned to other already existing collegiate bodies with competence in the field of computer policy, telecommunications and the information society.

2. The business public entity Red.es may request the information and collaboration necessary for the exercise of its functions as an observatory for telecommunications and the information society of other bodies and entities which operate in this sector, in accordance with the general provisions in force in this field.

Article 22. Operating system.

1. The Centre's plenary session may adopt the rules of internal procedure which it considers to be necessary for the best conduct of its work, as not provided for in this Statute and in Chapter II of Title II of Law No 30/1992 of 26 November 1992. Legal status of public administrations and the common administrative procedure.

2. The Centre's plenary session shall meet when its President calls it and, at least once every four months.

3. Working groups may be set up within the Centre, to which representatives of the public administrations and the sectors involved may be called, acting as advisers in the areas to be dealt with.

CHAPTER IV

Staff to the Red.es enterprise public entity service

Article 23. Management staff of the entity.

1. The Director-General, the Secretary-General, the Director of the Centre and the other Directors of the departments who, under the immediate direction of the Director-General, are believed to be the Director-General, shall be considered by the Director-General. within the entity.

2. The appointment and separation of the entity's management staff is the responsibility of the Board of Directors on a proposal from its Chairman.

Article 24. Non-management personnel.

1. Non-managerial staff at the service of the business public entity Red.es shall be governed by the provisions laid down in the Staff Regulations and other provisions governing the employment relationship, in accordance with the provisions of Article 55 of the Treaty. Law of the Organization and the Functioning of the General Administration of the State. Their selection will be made by public call based on the principles of equality, merit, capacity and publicity.

2. The remuneration of non-managerial staff at the service of Red.es shall be determined by the Director-General of the institution, in accordance with the criteria laid down by the Management Board and as provided for in Article 55 of the Law of the Organization and Operation of the General Administration of the State.

Article 25. Incompatibilities.

All management and non-management personnel at the service of Red.es will be subject to the general incompatibilities regime established for staff at the service of public administrations.

Article 26. Duty of professional secrecy.

All management and non-management staff at the service of Red.es are obliged to keep the secret, even after they cease their duties, of how much information of a confidential nature they have knowledge in the exercise of their functions.

CHAPTER V

Patrimonial regime

Article 27. Assets of the entity.

1. The assets of the institution shall be that laid down in paragraph 6 of the sixth additional provision of the General Telecommunications Act.

2. The estate of Red.es shall be integrated, in addition to its own property and rights, by those of state ownership whose membership has been agreed upon or agreed in the future in favour of Red.es, as well as by those assigned to it by any person or entity.

Article 28. Economic resources of the entity.

1. Red.es shall have, for the fulfilment and execution of its purposes, a property of its own, other than that of the General Administration of the State, consisting of all the goods, rights and obligations of which it is a holder.

2. The economic resources of Red.es, in accordance with Article 65 of the Law of Organization and Operation of the General Administration of the State, shall be composed of:

a) The assets and values that constitute your heritage.

(b) The products and income of such assets.

(c) The specific consignations that are assigned to the General Budget of the State.

(d) Current transfers or capital transfers from public administrations or entities.

e) The revenue that you can receive for the performance of all types of services related to your functions.

(f) The revenue corresponding to the collection of the fee for the allocation and maintenance of the limited resource of Internet names and addresses under the country code for Spain (.es).

g) Donations, legacies, and other contributions from private and private entities.

h) Any other resource that might be attributed to you.

3. Red.es shall have the free disposition of the goods and rights of any kind of the holder.

Article 29. Inventory.

Red.es will form and maintain an inventory of all of its assets and rights that constitute its patrimony, as well as those that have been assigned to it for the fulfillment of its purposes, with the exception of those of fungible character.

The inventory shall be rectified, as appropriate, annually, with reference to 31 December of each year, and shall be submitted for approval by the Board of Directors.

According to the provisions of Article 56.4 of the Law on the Organization and the Functioning of the General Administration of the State, the inventory of real estate and the rights of the Ministry of Finance will be transmitted to the Ministry of Finance annually. entity.

CHAPTER VI

Economic-financial regime

SECTION 1. CONTRACTING, FINANCING AND PLANNING

Article 30. Recruitment scheme.

1. Red.es will adjust its contractual activity to private law, without prejudice to the provisions of the Royal Decree of 16 June 2000, which approves the recast text of the Law on Public Administration Contracts.

2. Red.es, in its contractual activity, will address the principles of advertising and competition.

Article 31. Financial operations.

Red.es may carry out all financial operations and may in particular arrange for active or passive credit and loan operations, whatever the way they are implemented, in accordance with the provisions of this Regulation. in this respect in the General Budget Law and in accordance with the limits provided for in the Annual Budget Laws.

Article 32. Multi-annual action programme.

Red.es shall draw up and carry out annually a programme of multiannual action for its activities, which shall respond to the multiannual plans and forecasts to be drawn up in accordance with Article 88 of the General Law. Budget. Such a programme, together with the additional documentation indicated by the General Budget Law and the main changes to which it is in force, will be sent to the Ministry of Finance through the Ministry of Finance. Science and Technology, for approval by the Government, in accordance with the provisions of article 89.4 of the aforementioned Law.

SECTION 2 ACCOUNTING, CONTROL AND TAX REGIME

Article 33. Accounting.

Red.es will be subject to the accounting regime provided for in the General Budget Law for business public entities.

Article 34. Economic exercise.

The financial year will last for an annual period and will begin on the first day of January each year.

Article 35. Control regime.

In accordance with the provisions of paragraph 8 of the sixth provision of the General Telecommunications Law, the control system for the economic and financial management of Red.es shall be carried out in accordance with the provisions laid down in this Regulation. in the General Budget Law.

SECTION 3 BUDGET REGIME

Article 36. Budget elaboration and variation.

1. Red.es shall prepare annually its estimates of exploitation and capital, with the structure determined by the Ministry of Finance, and once approved initially by the Board of Directors of the entity, will be processed in the form established by the General Budget Law for business public entities. The operating and capital budgets shall be accompanied by the information indicated in the General Budget Law and the additional documentation to be determined by the Ministry of Finance.

2. The system of budgetary changes for Red.es shall be the general rule for the business public entities in the budgetary law of application to the institution.

Article 37. Annual accounts.

Annual accounts will be submitted to the Board of Directors for approval. Its formulation and surrender shall be carried out by the President of the institution within the time limits laid down by the budgetary rules.

Article 38. Application of results.

Without prejudice to the provisions of the additional sixth provision of the General Law on Telecommunications in relation to the revenue obtained by the allocation of the limited resource of names and addresses, the benefits which annually throws the entity's profit and loss account into reserves or, where applicable, dividends in favour of the Treasury.