Law 28/1984, of July 31, created the Management of Infrastructure of Defense as an autonomous agency of administrative character attached to the Ministry of Defense, intended to cover in an agile and flexible way, the necessary property and urban development actions resulting from changes in the deployment of the Armed Forces.

To these effects, the Law enabled the Management of Infrastructure for the acquisition and disposal of real estate and the collaboration with the Autonomous Communities and the local administration in the field of planning urbanistics.

The Law established a maximum term of ten years.

The experience gained in the period mentioned above advised, on the one hand, the extension of the term of validity and, on the other, to introduce some technical improvements which would lead to greater efficiency in the operation of the Body.

This is why Law 32/1994 of 19 December, which extends the duration of the validity of the autonomous body for a period of ten years and also introduces those legal changes that would allow a greater efficiency and agility in its operation.

The enactment of Law 6/1997, of April 14, of the Organization and the Functioning of the General Administration of the State (LOFAGE), which regulates the operation of all the agencies of the General Administration, including their Autonomous bodies, in its third transitional provision, provides for the adaptation of the autonomous bodies and other entities governed by public law to the provisions of this Law, that the adequacy of the autonomous bodies to the new standard must be concluded within a maximum period of two years from the entry into force of the Law.

The new needs arising in the Ministry of Defense, the continuation of the adaptation of the infrastructure of the armies to their deployment, the professionalization of the troop personnel and the budgetary constraints advised that the adaptation of the Autonomous Agency Management of Infrastructure of Defense to the LOFAGE, also included those new functions that the Agency, which had demonstrated its agility and good results, could perform, as well as give you unlimited duration depending on the, sometimes, long processes required for to carry out the real estate assets that are put at its disposal and the new functions entrusted to it in the matter of the acquisition and disposal of movable, arms and material goods.

This is why Article 71 of Law 50/1998 of 30 December 1998 on fiscal, administrative and social measures, for the adaptation of the Autonomous Agency for the Management of Infrastructure of Defense to Law 6/1997, of 14 April, Organization and Operation of the General Administration of the State, establishes in its eleven sections the functions that the Autonomous Body will have, which happens to be called the Management of Infrastructure and Equipment of the Defense, as well as the regulations which adapts the functions of its unipersonal or collegiate bodies to the LOFAGE. In paragraph 9 of this Article, it is determined that the publication of the Statute of the Autonomous Body and the new catalogue and the list of jobs of the same.

In its virtue at the initiative of the Minister of Defense and at the joint proposal of the Ministers of Public Administration and Finance, according to the Council of State and after deliberation by the Council of Ministers at its meeting of the day 6 October 2000,

D I S P O N G O:

Single item. Approval of the Staff Regulations.

The status of the Autonomous Agency for the Management of Infrastructure and Defense Equipment is approved, the text of which is inserted below, in accordance with the provisions of Article 71 (9) of Law 50/1998 of 30 June 1998. December, of fiscal, administrative and social order measures.

Single transient arrangement. Transitional arrangements for staff.

Until the time when the new catalog and job relationship is approved, the personnel currently serving in the Defense Infrastructure Management will continue, with the same rights and obligations, in the new autonomous body.

Single repeal provision. Regulatory repeal.

1. In accordance with the provisions of the third paragraph of Law 50/1998 of 30 December 1998 on tax, administrative and social measures, the following rules are hereby repealed, which until now remain in force, with regulatory range:

a) Law 28/1984, of July 31, of the creation of the Defense Infrastructure Management.

(b) Law 32/1994 of 19 December, extending the validity of the Defense Infrastructure Management and partially amending Law 28/1984.

(c) The additional provision, ninth of Law 13/1996, of 30 December, of Tax, Administrative and Social Order Measures.

2. Royal Decree 2698/1985 of 27 December, which was approved by the Regulation of the Autonomous Agency for the Management of Infrastructure of Defence, is repealed, as well as all provisions of equal or lower rank are affected by the creation of the of the Autonomous Agency Management of Infrastructure and Equipment of Defense and oppose the provisions of this Royal Decree.

Final disposition first. Regulatory development.

The Ministers of Defense, Finance, and Public Administrations are authorized, within the scope of their respective powers, to dictate how many provisions are necessary for the development of this Royal Decree.

Final disposition second. Entry into force.

This Royal Decree will enter into force the day after its publication in the "Official State Gazette".

Given in Madrid to October 6, 2000.

JOHN CARLOS R.

First Deputy Prime Minister and Minister of the Presidency, MARIANO RAJOY BREY

ANNEX

Status of the Autonomous Agency for Infrastructure Management and Defense Equipment

TITLE I

General rules

CHAPTER I

Nature, legal regime, dependency and administrative powers

Article 1. Nature.

1. In accordance with the provisions of Article 71 of Law 50/1998 of 30 December 1998 on tax, administrative and social measures, it is an autonomous body provided for in Article 43,1 (a) of Law 6/1997 of 14 April 1997. Organization and Operation of the General Administration of the State.

2. The Management of Infrastructure and Equipment of Defense has its own legal personality and independent of that of the State, full capacity to act for the fulfillment of its functions, patrimony and treasury own, as well as autonomy of management in the terms laid down in Law 6/1997, of the Organization and the Functioning of the General Administration of the State; in Article 71 of Law 50/1998 of 30 December 1998, of Tax, Administrative and Social Measures, and in the Real Legislative Decree No 1091/1988 of 23 September 1988 approving the recast of the Law General Budget.

Article 2. Legal framework.

The Management of Infrastructure and Equipment of Defense is governed by the provisions contained in article 71 of Law 50/1998, of December 30, of fiscal, administrative and social measures, and in the present Statute, as established in Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and the Common Administrative Procedure; in Law 6/1997, of April 14, of Organization and the Functioning of the Administration General of the State; in the recast text of the General Budget Law, approved by Royal Decree Law No 1091/1988 of 23 September 1988; in the recast text of the Law on Public Administration Contracts, adopted by Royal Legislative Decree 2/2000 of 16 June; in the text of the Law on State Heritage, adopted by Decree 1022/1964 of 15 April 1964 and in the rules implementing the abovementioned laws and other rules applicable to them.

Article 3. Organic attachment.

The Defense Infrastructure and Equipment Management is attached to the Ministry of Defense, integrated in the Secretariat of State of Defense, through the General Directorate of Infrastructure.

CHAPTER II

Of the functions

Article 4. Functions of Management.

The Management of Infrastructure and Equipment of Defense is entrusted, in accordance with article 71 of Law 50/1998, of December 30, of fiscal, administrative and social measures, and Law 6/1997, of 14 of April, Organization and Functioning of the General Administration of the State, the specific functions indicated in the following paragraphs:

(a) The administration and disposition of its own patrimony for the fulfillment of its purposes.

(b) acquisition by purchase or by any other means admitted in the right of real estate and real rights, intended for the infrastructure and use of the Armed Forces.

c) Purchase by purchase or by any other means admitted in the right of movable property, armaments and material for use by the Armed Forces.

(d) the disposal for consideration of movable and immovable property, owned or affected by the Ministry of Defence, which, declared unnecessary and available, is affected by the Minister of Defence and made available to the Ministry of Defence Body, which shall carry out the assessment of the same and, in the case of immovable property, its physical and legal treatment by exercising the powers of investigation, dispossession, protection, recovery of the possession of the property unduly lost, registration and registration, in addition to all the powers and powers of the Sunday attributed to the State in respect of their property in the relevant legislation.

e) The disposal of movable property which is not of use to the defence, placed at the disposal of the Agency for disposal for consideration.

(f) The administration and perception of fruits, income and other income or products of the goods made available, until their disposal is agreed.

g) Develop the Ministry of Defense's guidelines on heritage, contributing to the implementation of the Armed Forces Infrastructure Plans. For these purposes, it may, through the Directorate-General for Infrastructure, collect the information necessary for the States of the Three Armies.

h) Collaborate with local corporations and the Autonomous Communities in urban planning and their coordination with the Armed Forces ' infrastructure plans, possibly proposing modifications to the urban planning, and draw up partial, special plans and detailed studies, as well as the construction of conservation, repair, urbanization and any other actions necessary for the fulfillment of its aims.

i) Contribute with the technical reports to the elaboration and implementation of the Armed Forces ' infrastructure plans.

TITLE II

From the organization

CHAPTER I

Of governing bodies, their functioning and competencies

Article 5. Governing bodies.

They are the governing bodies of the Defense Infrastructure and Equipment Management Board, the Rector Council and the President.

Article 6. The Governing Council.

1. The Governing Council is the top collegiate body of management, and will consist of the President and a minimum of five Directors.

A) President: the Secretary of State for Defense.

B) Nates Vocals:

(a) The Director-General of Economic Affairs of the Ministry of Defense.

b) The Director General of Armament and Material of the Ministry of Defense.

c) The Director-General of Infrastructure at the Ministry of Defence.

d) The Director General of the State Heritage.

e) The Director-General of Budgets at the Ministry of Finance.

C) Vocal resto: the rest of the vowels up to a maximum of five will be appointed and terminated by the Minister of Defense.

D) Secretary: the Secretary General of Infrastructure Management and Defense Equipment.

2. The Governing Council shall adjust in its operation and in the arrangements laid down in this Statute and in Chapter II of Title II of Title II of Law No 30/1992 of 26 November 1992 on the Legal Regime of the General Administration and the Common Administrative Procedure.

3. They are the competencies of the Governing Council:

a) The senior management of the Agency.

(b) Dictate the rules of operation of the Governing Council itself, as not provided for in this Statute, and as long as they do not object to the provisions of Law 30/1992, of 26 November, of the Legal Regime of the Administrations Public and the Common Administrative Procedure, and in Law 6/1997, of 14 April, of the Organization and the Functioning of the General Administration of the State.

c) Approve the annual plan of actions of the Management of Infrastructure and Equipment of Defense, which will integrate the plans of sales and acquisitions. It is an inselectable competence of the Rector Board to authorize direct acquisitions.

d) To know about the proposal that the President of the Agency will raise to the Minister of Defense for the development of the basic organization of the Management of Infrastructure and Equipment of Defense and its modifications.

e) The designation of the members of the Delegation and the determination of their functions.

f) Meeting the sales and/or permuse agreements with other bodies and agencies of the General Administration of the State, the Autonomous Communities and the local corporations.

g) Establish the basic guidelines for the government, management and administration of Infrastructure Management and Defense Equipment (H). Infrastructure and Defense Equipment, should be elevated to the Minister of Defense on the appointment of the Managing Director of the Agency.

i) Approve the proposal of the staff of the Agency for its elevation and subsequent approval by the Executive Committee of the Inter-Ministerial Committee on Remuneration.

j) Approve the proposal for annual accounts and the preliminary draft annual budget of revenue and expenditure of the Management of Infrastructure and Equipment of Defense for its elevation and approval by the competent bodies in the material.

k) Authorize credit operations and other debt securities of the Defense Infrastructure and Equipment Management, within the limits of the annual State General Budget Law.

l) To install the modification of the Defense Infrastructure and Equipment Management, in accordance with the legally established procedures.

m) Track and control the actions of the Defense Infrastructure and Equipment Management.

n) How many functions correspond to legal or regulatory precept.

4. The Governing Council may meet in plenary session or in a delegated committee, with the full powers of the full referred to in paragraphs (a), (b), (d) and (g), (g), (j), (k).

5. The Delegate Commission shall have a maximum of five members of the Governing Council.

Will be chaired by the Director General of Infrastructure of the Ministry of Defense, except when the President attends.

The Delegate Commission is responsible for:

a) Develop the missions entrusted to you by the Rector Council.

b) Velar for the fulfillment of their agreements.

6. Will be the powers of the President of the Governing Council:

a) To represent the representation of the Council of the Management of Infrastructure and Defense Equipment.

(b) agree to the convening of ordinary and extraordinary sessions and the establishment of the agenda, taking into account, where appropriate, requests from other members, made in good time.

c) Chair the sessions, moderate the development of the debates and suspend them for justified reasons.

(d) To ensure compliance with this statute and the agreements adopted by the Governing Council.

e) To vote the draws, for the purposes of adopting agreements.

f) Visa on the minutes and certifications of the agreements of the Governing Council.

g) Exercise as many other functions as are inherent in your status as the President of the Agency.

Article 7. The President of the Agency.

1. The President of the Defense Infrastructure and Equipment Management is the Secretary of State for Defense; his appointment and dismissal will be the appointment and the secretary of state for defense by the Council of Ministers.

2. Corresponds to the President:

a) Exercise the direction of the Agency.

b) Chair the Governing Council for Infrastructure Management and Defense Equipment.

c) The legal representation of the Defense Infrastructure and Equipment Management.

(d) The conclusion of contracts and agreements on matters covered by the powers of the Agency.

(e) Those powers, as laid down in the law of State Heritage, on goods made available which are not expressly attributed to other organs.

(f) Present to the Governing Council the preliminary draft annual budget, as well as the annual accounts and the balance sheet.

g) The formalization of contracts for the purchase of movable and immovable property for the Armed Forces, approved by the Rector Council, as well as all those powers that in matters of the disposal of movable and movable property The property is attributed to the current regulations.

(h) The powers assigned to it by personnel in the specific legislation in force and, in particular, the provision of the Agency's posts, raising the Minister of Defense, and giving knowledge to the Governing Council, the Proposal for the development of the organization of the Management of Infrastructure and Equipment of Defense and its modifications.

i) Propose to the local Corporations and the Autonomous Communities the modifications of the instruments of Territorial and Urban Planning, for a better management of the real estate affected to the Ministry of Defense and coordination with the Armed Forces ' infrastructure plans.

j) Give knowledge to the Board of Directors of the elevated proposal for the appointment of the Managing Director of the Agency.

k) How many powers correspond to it in terms of administrative procurement in accordance with the Royal Decree of 16 June 2000, by which the recast text of the Law on Government Contracts is approved Public, and the Royal Legislative Decree 1091/1988 of 23 September, approving the recast text of the General Budget Law.

(l) How many powers correspond to the administration of the budget of the Agency and the expenditure in the field of Infrastructure Management and Defense Equipment, in accordance with the provisions of the Royal Decree No 1091/1998 of 23 September 1998 approving the recast of the General Budget Law.

m) How many other functions attribute the provisions in force to the Presidents of the Autonomous Bodies and how many matters are not expressly attributed to the Governing Council.

[n] To raise the proposal of the annual plan of actions of the Management of Infrastructure and Defense Equipment to the competent authorities of the Ministry of Defense, once approved by the Rector Council, as well as its modifications.

n) Address the implementation of the agreements of the Rector Council and the Delegate Committee.

Article 8. End of the administrative route.

In accordance with the provisions of the additional 15th of Law 6/1997 of April 14, of the Organization and the Functioning of the General Administration of the State, the acts dictated by the Governing Council or the President of the autonomous body in the exercise of its administrative functions, shall exhaust the administrative route.

CHAPTER II

Of the governing bodies and their operation

Article 9. Management bodies.

In order to develop and implement the action plans established by the governing bodies, the Management of Infrastructure and Defense Equipment will have the Directorate-Management of the Agency, the General Secretariat and the Technical Subdirection.

Article 10. The Managing Director of the Agency.

1. The Managing Director of Infrastructure Management and Defense Equipment, with the organic level of Subdirector general, is the management body responsible for the development and implementation of the action plans established by the Government of the Agency.

The Managing Director will be appointed and separated by the Order of the Minister of Defense, on a proposal from the President of the Agency.

2. Corresponds to the Managing Director:

(a) The implementation of the agreements of the Rector Council and the Delegate Committee.

b) The development and implementation of approved plans.

c) To monitor and monitor the ordinary actions of the Agency.

d) Attend meetings of the Rector Council and the Delegate Committee. Case of not being Counsellor, you will attend with voice but no vote.

e) Negotiate with other organs of the General Administration of the State, local Corporations, Autonomous Communities and other natural or legal persons, prior to the signing of agreements and contracts of competition of the Body, the bases of the agreements which are the subject of these agreements.

f) Develop the preliminary draft annual budget.

g) Elaborate annual accounts.

h) Develop the proposal for the annual action plan.

i) Propose the relevant modifications to the urban planning plans developed by the Local Corporations and Autonomous Communities.

j) Develop the proposal of the catalogue and the relation of jobs, which will include the necessary peripheral units to speed up the management.

k) The leadership and leadership of personnel.

(l) Dictate the administrative decisions arising after the ministerial disaffection of movable or immovable property and which are a consequence thereof.

m) The powers in respect of compensation for service reason.

n) The administration and disposal of the Agency's resources and its treasury, as well as the accountability of the management.

n) Give your compliance and keep up to date the inventory of goods and rights of Infrastructure Management and Defense Equipment.

3. By delegation of the President of the autonomous body.

(a) How many powers correspond to it in terms of administrative procurement in accordance with the Royal Decree of 16 June 2000 on the Royal Decree of 16 June 2000, approving the recast of the Law on Government Contracts Public and in the Royal Legislative Decree 1091/1988 of 23 September, approving the recast text of the General Budget Law.

b) How many powers correspond to the administration of the appropriations in the budget of the Agency and the expenditure in the field of Infrastructure Management and Defense Equipment, in accordance with the provisions of the Royal Decree No 1091/1988 of 23 September 1988 approving the recast of the General Budget Law.

Also those other powers that such authority considers.

Article 11. The Secretary-General.

Under the direction and coordination of the Director-Manager of the Agency, the Secretary-General, with the rank of Deputy Director General, who will be appointed and separated by the Order of the Minister of Defense, on a proposal from the President, it is up to him to developing:

a) The administration of personnel.

b) The internal regime and the management of information technologies.

c) Forming and keeping up to date the inventory of goods and rights, both own and attached.

(d) The processing of the records of acquisitions, disposal and swaps of immovable property and the disposal of movable property, own and placed at the disposal of the Agency.

e) The processing of the arms, equipment and equipment acquisition files for use by the Armed Forces.

f) The previous actions for the preparation of the preliminary draft budget of the Agency.

g) The processing of the expenditure files, in accordance with the provisions of the Royal Legislative Decree 2/2000 of 16 June, approving the recast of the Law on Contracts of Public Administrations and in Royal Decree No 1091/1988 of 23 September 1988 approving the recast text of the General Budget Law.

h) Develop the annual account to the Court of Auditors, through the General Intervention of the State Administration.

i) Coordinate the annual financing plan.

j) The exercise of economic and financial management functions.

k) Advise the Managing Director on economic and financial matters.

l) The duties of Secretary of the Council of the Management of Infrastructure and Defense Equipment.

Article 12. The Deputy Technical Director.

Under the direction and coordination of the Managing Director of the Agency, the Deputy Director General, with the rank of Deputy Director General, who will be appointed and separated, on a proposal from the President, by Order of the Minister of Defense, developing:

a) Study and analysis, under the urban perspective, of the real estate affected to the Ministry of Defense, in order to propose the modifications of the planning to interest of the competent urban organs, as well as Study and proposal of technical claims for planning in the case of changes in the use of own real estate, and of those affected by the Ministry of Defense or those affected and put at the disposal of the Management Infrastructure and Defense Equipment.

b) Technical report of the territorial and urban planning instruments, in the development of the applicable legislation on soil.

c) Redaction of any of the planning instruments specified in relation to the properties made available to the Management of Infrastructure and Equipment of Defense, directly or through assistance In this case, the technical and, in the latter case, drawing up of the budgets and specifications of technical clauses, for the orders of the corresponding projects.

d) The identification and physical purification of the real estate affected to the Ministry of Defense for further evaluation, including the removal and lifting of plans if necessary, directly or through technical assistance.

e) Elaboration of the sheets of appreciation for the fixing of the Justiprice in the cases of expropriation or reversal and, in the latter case, proposal of appointment of the technician to attend as vowel to the juries Provincial of expropriation.

(f) Inform in relation to the real estate tax (IBI) of the real estate affected to the Ministry of Defense, for the presentation, in case of discrepancy with the cadastral value, of the opportune resource to which place.

g) Tasering of the real estate affected to the Ministry of Defense made available to the Management of Infrastructure and Equipment of Defense, for disposal by auction, agreement, swap, direct sale, etc., and the drafting of the corresponding specifications of technical clauses, as well as the valuation of the buildings of the Ministry of Defense, which, even if not made available to the Management of Infrastructure and Equipment of Defense, is considered convenient to know its value.

(h) The drafting of projects and addresses of all kinds of actions related to urbanization or construction, of the real estate affected to the Ministry of Defense made available to the Management of Infrastructure and Equipment of Defence, directly or through technical assistance and, in the latter case, drawing up of the budgets and specifications of technical clauses, for the orders of the corresponding works.

(i) In general, advise the Director-General of the Agency on the matters in which the Technical Subdirection is competent and, in particular, in matters of Planning and Valorations.

CHAPTER III

Other organs

Article 13. Legal Advice.

The Management of Infrastructure and Equipment of Defense will have a Legal Advisory, with the organic level to be established in the corresponding relation of jobs, with direct independence from the Managing Director of the Agency, without prejudice to the functional dependence of the Legal Counsel of the Ministry of Defense.

Article 14. Delegated Intervention.

Correspond to the Delegated Intervention the functions of internal control of the economic-financial management by the exercise of the interventora function; the financial control, in the terms previewed in the Royal Decree The law of the Federal Government of the European Union (1091/1988), of 23 September 1988, approves the recast of the General Budget Law; to exercise the Military Notary in the form and conditions established by the laws and to issue as many reports as required in the the subject of his/her competence by the Director-Manager. Their organic level will be established in the relevant employment relationship.

Article 15. Delegations.

To facilitate and streamline the management of the Agency, there will be delegations from the Management of Infrastructure and Equipment of Defense, administrative units with organic and functional dependency of the Directorate-Management. of the Agency, in those territorial demarcations which the operating needs so advise.

Its creation or deletion will be done by the Joint Order of the Ministers of Defense and Public Administrations, prior to the report of the Governing Council of the Autonomous Body.

TITLE III

Heritage and economic resources

CHAPTER I

Heritage and economic resources

Article 16. Equity and own treasury. Inventory.

1. The Management of Infrastructure and Equipment of the Defense will have, for the fulfillment of its object, a own patrimony formed by the set of goods and rights that are of their ownership, as well as own treasury in the terms of the Law 6/1997, of 14 April, of the Organization and the Functioning of the General Administration of the State.

2. The Defense Infrastructure and Equipment Management will keep up to date its inventory of goods and rights, both own and attached and made available, with the exception of those of a fungible nature. The inventory will be reviewed annually with reference to December 31 and will be submitted to the approval of the President of the Agency, referring together with the annual accounts, to the Ministry of Finance through the General Intervention of the State.

Article 17. Economic resources.

1. The Management of Infrastructure and Equipment of Defense will be financed by the own revenues from its activity and, if necessary, from the remaining allocations that are entered through the General Budget of the State.

2. Defense Infrastructure and Equipment Management resources will be integrated by:

(a) The goods and values that constitute their patrimony.

(b) Products, income and increases in their assets.

c) The movable and immovable property assigned by the Ministry of Defense, including those placed at its disposal.

d) The ordinary and extraordinary income earned in the exercise of its activities.

e) The grants which, if any, could be included in the general budget of the State for the autonomous body.

(f) Grants, transfers, donations, legacies and other contributions which are granted in favour of them from specific funds of the European Union, the North Atlantic Treaty Organisation, the European Union Western, and other national and international agencies and public administrations, public authorities, as well as private individuals.

g) Any other recourse not provided for in the foregoing paragraphs may be due to law, convention, donation or any other legally established procedure.

CHAPTER II

Heritage made available to the Agency

Article 18. Heritage made available.

1. The Minister of Defense will disaffect and declare the movable and immovable property affected to the Ministry of Defense, which are unnecessary for the fulfillment of its purposes, to be made available to the Ministry of Defense, in order to make them available to the management, prior to the (a) for the purposes of their disposal for consideration.

2. The procedure for carrying out the provisions of this Article shall be governed by the provisions of Article 71 of Law 50/1998, of fiscal, administrative and social order measures for 1999 and, in particular, The provisions of Title IV of this Statute and, failing that, the provisions of Decree 1022/1964 of 15 April 1964 on the text of the Law on State Heritage and Decree 3588/1964 of 5 March 1964 on the November, for which the Regulation for the implementation of the State Heritage Law is adopted.

TITLE IV

Wealth and procurement regime

CHAPTER I

Disposal of Real Estate

Article 19. Disposal of immovable property.

1. General rules prior to disposal. For the disposal of immovable property, the following general rules are laid down:

(a) Disaffectation, declaration of alienation and making available to the goods: the Management of Infrastructure and Equipment of Defense will be able to dispose of both its own assets and those affected to the Ministry of Defense, where they are unnecessary and are made available to them, after disaffection and the declaration of alienation agreed by the Minister of Defence.

When the value of the goods exceeds the amount determined in Article 63 of Decree 1022/1964, of 15 April, by which the articulated text of the Law of State Heritage, the authorization of sale of the goods is approved It will be approved by the Council of Ministers.

(b) Physical and legal purification of the goods: prior to their disposal, the physical and legal treatment of the buildings to be used shall be carried out, with the authority of the Agency exercising the powers of investigation; (a) the rules governing the implementation of the rules of the European Parliament and of the Council of the European Union;

(c) Communication to the Ministry of Finance: prior to its disposal, the Management of Infrastructure and Equipment of Defense, will communicate the disaffection of the building to the Ministry of Finance, which will be able to choose to maintain the assets in the State Heritage to affect them to any other service of the Administration or its public bodies, after processing the corresponding budgetary compensation in favor of the Management of Infrastructure and Defence equipment. After three months from the notification to the Ministry of Finance, without having received a reply, it will be understood that the Ministry does not choose to maintain the assets in the State Heritage.

(d) Rights of third parties: the said provision shall not prejudice the possible rights of third parties on such goods, which shall be exercised before the autonomous body, which shall be subrogated to the rights and obligations of third parties. corresponded to the State.

e) Tasering of the goods: before proceeding to the disposal of any immovable property, it will be essential to carry out an expert appraisal for the technical services of the Management of Infrastructure and Equipment Defence or, exceptionally, carried out by external valuation services.

2. Disposal procedure: the disposal procedures shall be the public auction, the swap and the direct disposal.

3. Deferred payment. In the case of direct sales of buildings, as well as sales made by auction, payment deferrals of up to three quarters of the price per period not exceeding four years may be stipulated under the conditions laid down in the Articles 117 and 135 of Decree 3588/1964 of 5 November, for which the Regulation is adopted for the implementation of the Law on State Heritage.

Article 20. Disposal by public auction.

1. Auction procedures: public auction procedures may be used for the auction of goods, public auction to the lower, auction with economic proposition in closed and auction by companies or professionals.

2. General rules. The following common rules are laid down for the various procedures:

(a) Statement of Conditions: the Chairman of the Autonomous Body and by delegation the Managing Director, after report of the Legal Counsel and the Delegated Intervention, shall approve the specifications of the auctions. where the object of the tender is identified, the auction class and the tender price shall be indicated and the requirements to be met by the tenderers and the documentation to be submitted shall be determined, the setting up, the place and the time limit for the submission of tenders and the opening of tenders; award, according to the auction class.

(b) Tender tender price: the tender price may not be lower than the price of the good, in accordance with the provisions of Article 19 (e) of this Statute.

c) Announcements: the auction will be announced in accordance with the provisions of Article 126 of Decree 3588/1964 of 5 November, approving the Regulation for the implementation of the Law of State Heritage. In addition, at least two newspapers of major national and/or local circulation will be advertised.

d) Accreditation of personality, capacity and representation: tenderers must prove to the table their personality, capacity and representation, by means of the documents which are determined in the documents of the conditions of the auction.

e) Guarantees: to be able to take part in the auction, the interested parties must provide a guarantee of 20 percent of the tender type, which may be entered at the table or credited to the deposit General of Deposits or any of its branches.

It will be considered as metallic, in the case of deposit to the table of the auction, not only the cash of legal tender, but also the bank cheque with the signature and stamp of the entity, in favor of the Management of Infrastructure and Defense Equipment. Likewise, the ordinary check in favour of the Management of Infrastructure and Equipment of Defence shall be considered as cash and shall be made up by the bank for a period of not less than 30 days from the day of the holding of the auction.

If the guarantee is lodged with the General Deposit Box, the Deposit Box shall be entered in cash, the identification data of the person or entity constituting the guarantee shall be recorded in the constitution. In the case of the Management of Infrastructure and the Equipment of Defense, the guaranteed obligation and the amount by which it is guaranteed and the legal precept imposed by the constitution of this guarantee, which is Article 129 of the Decree, are guaranteed. 3588/1964 of 5 November 1964 on the adoption of the Regulation for the implementation of the Law of State heritage.

If companies are grouped together, the guarantee will necessarily express the responsibility of the group and of each of the companies.

(f) Award: the award shall be made within a maximum of one month from the day following the day of the auction, by the Managing Director of Infrastructure Management and Defense Equipment, prior to the award. Report of the Legal Advisory and Delegate Intervention of the Agency. In the absence of the award agreement within the period referred to in the preceding paragraph, tenderers shall be entitled to withdraw their proposals and to be returned to the guarantees they have provided.

g) The payment of the amount. Failure to pay within the prescribed period: the successful tenderer determined at the auction must enter the official account of the Management of Infrastructure and Equipment of the Defense within 15 working days, counted from the following to the notification of the decision to award, in addition to the costs of the procedure, the amount of the auction or the first instalment corresponding and the guarantee, where appropriate, to guarantee the deferred payment, as well as to justify the payment or exemption, where appropriate, of the corresponding taxes.

In the event that the successful tenderer does not enter within the period specified in the previous paragraph, the costs and the amount for which he was awarded the good, or does not present a guarantee or does not justify the payment or exemption of the taxes This will be automatically decayed in your right and the loss of the security will be agreed upon, as well as the compensation to the Management of Infrastructure and Equipment for the Defense of the Damage and Damage that it could have caused.

(h) Public Scripture: within 30 working days, counted from the day following the notification of the decision of the award, the public deed shall be granted. The costs incurred as a result of this shall be on behalf of the successful tenderer. The lack of concurrence of the successful tenderer with the grant of the deed will imply the decay of his right and the eventual loss of the bond, without prejudice to the compensation to the Management of Infrastructure and Equipment of the Defense of the It is possible to make it possible for the Commission to make a decision.

i) Composition of the auction table: except for the auction procedure performed by companies or professionals, the auction table consists of:

1.o President: the Secretary-General or the Technical Subdirector, with the Managing Director of the Agency being able to appoint a Head of Administrative Unit of the Agency, in the necessary cases.

2.o Two vowels appointed by the Managing Director of the Agency.

3.o A member of the Agency's Delegated Intervention.

4.o A member of the Legal Counsel of the Agency.

5.o The Secretary of the Board shall be appointed by the Director of the Agency, among the staff assigned in the Management of Infrastructure and Equipment of Defense.

3. Public auction procedure: the usual process of disposal will be the public auction procedure, as set out in Decree 1022/1964 of 15 April, approving the text of the Law of State Heritage and the Decree 3588/1964 of 5 November 1964 on the adoption of the Regulation for the implementation of that Law.

4. Low auction procedure.

When agreed by the Chairman of the Autonomous Body, taking into account the nature, status, value, destination or other relevant circumstances of the good to be used, or when appropriate for the market situation, the auction of goods on the ground.

The rate of departure shall be set by the Chairman of the Autonomous Body, and shall not be less than the value determined by the valuation, nor shall it be higher than 200 per cent of the value.

No bids shall be allowed below 90 per cent of the minimum price or value of valuation fixed and if they were to be announced in error, they shall in no case be accepted and shall be null and void for all purposes.

The auction will take place in the following terms:

(a) At the time indicated for the auction, the President of the bureau shall declare it open and shall grant the half-hour period for the submission of the documentation to be laid down in the specifications and to be entered at the table or credit that has been deposited in the General Deposit Box or in any of its branches 20 percent of the amount that serves as the type for the sale. On the expiry of that period, no entry shall be permitted to participate in the auction.

The President will then present the names of the natural or legal persons who are in a position to take part in the tender.

The Secretary will then announce in a high voice and in descending order, from the type of exit, the admissible positions, with the intervals to be fixed in the documents of administrative characteristics that govern the auction.

b) The tenderer who wants to kill, will raise an arm, stopping the bid in the price announced immediately before his performance. The President, then, will publicly announce the price reached and will invite the bidder to appear at the table to identify and verify that he is admitted by the table for the concurrency at the auction. The final price reached and the provisional successful tenderer will be publicly announced by the President, and this stage of the auction will be completed. In another case, the President shall give order to resume the auction at the point where it has been suspended until the new possible successful tenderer emerges or is interrupted and declared deserted for having reached the value of valuation.

If more than one bidder has raised the arm simultaneously or if there is no undoubted way to establish the precedence, the parties concerned will be invited to appear at the table and identify and verify that they have complied with the requirements to be met. Among those who duly prove these ends, the highest bidder shall be decided by lot, declaring the successful tenderer.

5. Auction procedure with economic proposition in closed: when the circumstances so advise, in the opinion of the President of the Agency, may proceed to auction by the procedure of closed with economic proposition and award to the highest bidder.

The disposal procedure will be as follows:

As indicated in the general rules, the possible bidders will formalize two envelopes that will contain: the first the legal and administrative conditions that allow participation in the auction; the second will contain the economic proposition.

The time limit for the submission of the abovementioned documentation shall be forty-eight hours before the public auction of the auction, without any proposal being allowed after that period. In the envelope containing the legal and administrative conditions, the security shall be lodged as specified in paragraph 2.e) of this same article, and the cash bail may be entered at the table on the day scheduled for the auction. The bureau appointed for this purpose shall examine the documentation and select the natural or legal persons who are in a position to take part in the invitation to tender.

The day scheduled for the auction, the table, in public act, will be announced by the table the concurrent admitted to the tender. The envelopes containing the economic proposal will then be opened, read aloud by the Secretary the economic offer presented.

Finalized the opening of all envelopes the President of the table will declare the provisional successful bidder to the bidder whose economic proposition is the highest. This proposal will be elevated to the Managing Director by means of the minutes of the table, subscribed by all the members of the table, with succinct expression of the events and eventual protests or complaints that have occurred in the auction.

6. The material execution of the sale by auction of the goods may also be carried out by companies or professionals when it is agreed by the Council of the Management of Infrastructure and Equipment of Defense.

In these cases, the provisions for auctions shall apply, with the following particularities:

(a) The invitation to tender shall be unique and shall be in accordance with the specific procedures of each specialised professional undertaking with which the execution of the auction has been concluded, in accordance with the principles of publicity and concurrency.

(b) The auction shall be presided over by the President of the Bureau referred to in paragraph 2 (i) of this Article and shall decide on any incidents which may arise in the conduct of the auction.

For the purposes of the foregoing paragraphs, the Governing Council of the Management of Infrastructure and Defense Equipment may authorize the conclusion of contracts with natural and legal persons specialized in the material execution of auctions.

The contracts to be concluded must determine the conditions of the economic consideration to be paid by the company or specialized personnel as a result of the performance of the services.

Article 21. Direct disposal.

1. It shall be deemed to be direct to both the execution of agreements, after the adoption of the administrative agreement of disposal and formalised it in public document, such as direct sale in the strict sense.

2. According to the applicable urban regulations, for the best performance of the purposes corresponding to the Management of Infrastructure and Equipment of Defense, urban agreements with Autonomous Communities, Corporations may be held local or public bodies, which may refer to their own needs to be met by means of the preparation and approval of the appropriate planning planning or the legal action necessary for the implementation of the planning already approved.

3. The direct disposal of immovable property may be agreed in the following cases:

(a) Where the acquirer is another public administration or, in general, any legal person governed by public or private law belonging to the public sector.

For these purposes, a legal person governed by private law, belonging to the public sector, shall be understood as a commercial company in whose capital the direct or indirect participation of one or more public administrations is a majority. or legal persons governed by public law.

(b) Where the acquirer is a non-profit, non-profit entity, or is a legally recognised church, confession or religious community.

c) Where a public auction was declared to be deserted or failed as a result of the successful tenderer's failure to comply with its obligations.

d) When, for exceptional reasons, duly justified, it is more appropriate for the heritage interests and the purposes of the Infrastructure and Defense Equipment Management.

e) In cases of collusion, in the terms of Article 142 of Decree 3588/1964 of 5 November, approving the Regulation for the application of the Law of State Heritage; condominium, lease, concession or authorization on goods in the public domain when they lose their character.

4. In accordance with the provisions of Article 71.17 of Law 50/1998 of 30 December 1998 on Fiscal, Administrative and Social Order Measures, the Minister of Defense has the competence to direct the goods directly, and may delegate in the Governing Council or the President of the Agency, this competence. Where the amount of the disposal exceeds the amount determined in Article 63 of Decree 1022/1964, of 15 April, for which the articulated text of the Law of State Heritage is approved, it shall be approved by the Council of Ministers.

Article 22. Permuta.

Real properties or positions made available to the Management of Infrastructure and Equipment of Defense declared inajendable may be permuted by others, prior to the expert assessment of each other, provided that The difference between the value of the goods in question is not greater than 50% of the value of the goods in question.

It is appropriate to authorize the permuse to whom, by reason of the amount, it is competent to authorize the disposal.

CHAPTER II

Disposal of movable property

Article 23. Disposal of movable property.

1. When the Minister of Defense considers it appropriate that the sale of movable property will be carried out by the Management of Infrastructure and Equipment of Defense, it will affect the goods and make them available to the Agency, referring to this file in order to make the provision for consideration of the movable property in question. For the Agency's own property, the Ministry of Defense's authorization will suffice, the file being formalized by the Defense Infrastructure and Equipment Management.

2. Once the goods, made available to the Management of Infrastructure and Equipment of Defense and received the file, have been affected, in order to proceed to the sale of the movable goods will be within the provisions of the previous articles for the sale of immovable property as soon as it is applicable.

CHAPTER III

Acquisitions

Article 24. Acquisitions of real estate.

1. Property of the Agency: the acquisition of real estate for the own patrimony of the Agency for consideration or free will require the prior favorable report of the Ministry of Finance, in accordance with article 48 of Law 6/1997, of 14 April, Organization and Operation of the General Administration of the State. The report shall be notified to the Management of Infrastructure and Equipment of Defense within three months of its request, in the sense that the acquisition of the lack of defence within that period is in the right direction.

2. Goods for use by the Armed Forces: the acquisition of real estate and real rights to defense infrastructure for use by the Armed Forces must be previously authorized in the approved investment and purchase plans. by the Governing Board of the Agency.

3. The acquisition of real estate will take place through public competition. However, the Governing Board may authorise direct acquisition where it considers it appropriate for the circumstances, the peculiarities of the need to satisfy or the urgency of the acquisition to be made.

The acquisition will require the prior favorable report of the Ministry of Finance, which must be notified to the Management of Infrastructure and Defense Equipment within three months of its request, the acquisition of the non-reply within that period.

The Secretary of State of Defense will communicate to the Ministry of Finance the acquisition of the property so that it can be discharged into the General Inventory of Goods, referring to the copy of the title under which it is verified the acquisition.

4. The effect of the Ministry of Defense for use by the Armed Forces must be agreed upon by the Ministry of Finance, by registering, once it has been done, in the Land Registry for the Management of Infrastructure and Equipment Defence.

5. For the purposes of their disposal for consideration by the Management of Infrastructure and Equipment of Defence, the real estate which, in place of other initially disaffected persons and made available, is obtained shall be deemed to be available as consequence of the formalization of permutas, repairs carried out in execution of the urban planning, execution of conventions and property operations that the Management can perform in order to improve the profitability of the properties it has to alienate.

Article 25. Purchase of movable property, equipment and equipment.

1. The acquisition of movable property, armaments and equipment for use by the Armed Forces must be authorized in advance in the investment and purchase plans approved by the Rector Council.

2. The Governing Council will assess, within its annual budget forecasts, the possibilities of financing for the acquisition of arms and equipment that have been requested, in accordance with the plans approved by the Ministry of Defense.

3. The projects in which such acquisitions are carried out must be identified in the Annex to the actual investments of the Agency accompanying the General Budget of the State.

CHAPTER IV

Hiring

Article 26. Recruitment. Contracting Desk.

The hiring of the Defense Infrastructure and Equipment Management will be subject to the general rules of public administration.

The President of Infrastructure and Defence Equipment Management is the Agency's contracting authority and is empowered to conclude contracts on its behalf in the field of its competence.

The conclusion of contracts the amount of which exceeds the limits laid down in Article 12.1 of the Royal Decree of 16 June 2000 of 16 June 2000, approving the recast of the Law on Contracts of Public administrations, or the amount that may be fixed in the future, will require the authorization of the Minister of Defense.

When required by the nature of the works, consultancy, service or supply of the contract, the President of the bureau may propose as many advisors as he sees fit due to his special technical knowledge.

TITLE V

Budget, economic, financial, accounting, intervention and financial control arrangements.

Efficiency control

CHAPTER I

Budget, economic, accounting, intervention and financial control arrangements

Article 27. Budgetary, economic and financial system, accounting, intervention and financial control.

1. The Management of Infrastructure and Equipment of Defense is subject to the annual budget regime, in accordance with the provisions of the Royal Legislative Decree 1091/1988, of 23 September, for which the recast text of the Law is approved General Budget.

2. The Management of Infrastructure and Equipment of Defense is subject to the accounting regime in the terms established in the Royal Legislative Decree 1091/1988, of 23 September, for which the recast text of the General Law is approved Budget.

3. Without prejudice to the audit powers conferred on the Court of Auditors by its Organic Law and the other laws governing its powers, the Management of Infrastructure and Equipment of Defense will be submitted, through its Delegated Intervention, to the internal control that is the responsibility of the General Intervention of the State Administration.

The Delegation of the Management of Infrastructure and Equipment of Defense, integrated in the organic structure of the General Defense Intervention as provided for in article 17 of Royal Decree 1883/1996, of 2 August, approving the basic organic structure of the Ministry of Defense and Royal Decree 351/1989, of 7 April, approving the basic organic structure of the General Intervention of the Defense, will exercise the functions internal control, notary and advice which these rules attribute to you.

Article 28. Referral of funds to the State for operational needs of the Armed Forces.

1. The Management will be able to send funds to the State to meet the operational needs of the Armed Forces through the appropriate generations of credit in the budget of the Ministry of Defense.

The Agency's revenue, which may give rise to credit generation in the budget of the Ministry of Defence, is those arising from the exercise of the Agency's activities referred to in Article 17 in the paragraphs 1 and 2, (b), (d), (e), (f) and (g) of this Statute.

2. The Governing Council will evaluate, within its annual budget forecasts, the possibilities of financing that have been requested for operational needs of the Armed Forces, in accordance with the plans approved by the Ministry of Defense.

3. The President of the Management of Infrastructure and Equipment of Defense, once authorized by the Rector Council, will have the initiation of the necessary budgetary modification files necessary for this purpose.

CHAPTER II

Body effectiveness control

Article 29. Efficiency control.

The Management of Infrastructure and Defense Equipment is subject to effective control, which will be exercised by the Ministry of Defense, without prejudice to the control established by the Royal Legislative Decree. 1091/1988 of 23 September 1988 approving the recast text of the General Budget Law, with the aim being to check the degree of compliance with the objectives and the proper use of the resources allocated.

TITLE VI

From human resources

Staff Regime

Article 30. Incompatibilities.

The personnel, civilian or military, assigned and who provide their services in the Management of Infrastructure and Equipment of Defense will be subject to the general regime of incompatibilities established in Law 53/1984, of 26 of December, of Incompatibilities for Personnel at the Service of the Public Administrations, in Law 12/1995, of 11 May, of Incompatibilities of the members of the Government of the Nation and of the high positions of the General Administration of the State, and In Royal Decree 517/1986 of 21 February, Incompatibilities of military personnel, as well as the specific incompatibilities that may result from the private activities of the military in relation to the functions of the Management of Infrastructure and Defense Equipment. Such staff shall be expressly prohibited from exercising, in themselves or by way of replacement, such private activities, including professional activities, either on their own account or under the authority or service of entities or individuals, which relate directly or indirectly to the functions of the Infrastructure Management and Defense Equipment.

Article 31. Organic structure and template.

1. The staff of the autonomous body may be a civil or military officer and an employed person, respectively, in the list of posts and catalogue of posts.

It is up to the Rector Council to know the organization of the autonomous body and its modifications and the proposal of the organic structure and personnel staff that, by the President of the Agency, should be elevated to the the authorities concerned for their approval and processing in the relevant catalogues and employment relationship.

2. It is for the President of the Agency, in relation to the staff belonging to the Autonomous Body or who provides his services in the Agency, to exercise the powers assigned to him by the specific legislation.

It also corresponds to the provision of jobs of the Autonomous Body in accordance with the regulations that are applicable in each case.

Article 32. Rights and obligations of staff.

The civil and military personnel will enjoy the same rights and obligations as the rest of the personnel assigned to the Ministry of Defense, as soon as the specific legislation is available.

The labor force will be governed by the provisions of the labor law and the collective agreement that is applicable to it.