Law 50/1998, of December 30, of Fiscal, Administrative and Social Order Measures, in its Article 70, provided for the adaptation of the National Agency for Lotteries and State Gambling in Enterprise Public Entity, according to the with the provisions laid down in Law 6/1997 of 14 April of the Organization and the Functioning of the General Administration of the State. Under the previous rule, it was approved by Royal Decree 2069/1999 of 30 December 1999, the corresponding Staff Regulations.

This modification, which has led to the assignment of loan activities, has significantly altered the legal configuration of the former body, which is a circumstance that advises to adapt its functioning to the reality of the management that is legally assigned, within a more appropriate market policy.

It is intended to provide Lotteries and State Gambling with greater fluidity in the development of their industrial and commercial activity, which, initially, had been foreseen in its statutory rule regarding the procurement. However, it is necessary, as stated in that rule, to delimit those contracts which, because they have a specific volume, their conclusion must be subject to the authorization of the higher body to which the Entity is attached.

On the other hand, the existence of this new legal framework, of course more entrepreneurial, must be more independent in its operation, and in particular with regard to the functions already provided by the Order of 26 November 1998. The Council of the European Communities, which is responsible for the exercise of powers in the field of personnel in the field of the Department and its Autonomous Bodies ("Official State Gazette" of 10 December), ratified by the Council on 18 May 2000, attributed or delegated to the Director-General of the Agency. It is therefore necessary to increase, to some extent, the delegation of powers in the holder of the Secretariat of State of Finance, an organic unit through which the Ministry of Finance is attached to the Ministry of Finance Company Lotteries and Gambling of the State, in accordance with paragraph 3, b), of article 3 of Royal Decree 689/2000, of 12 May, establishing the basic organic structure of the Ministries of Economy and Finance (a) the importance of the Community's activities in the field of human resources and the environment. It also approves the delegation of certain responsibilities of the Undersecretary of Finance, in the field of personnel, following the established criterion of achieving an optimization and streamlining of the management and functioning of the business public body.

It is, in short, a matter of grouping together in a single provision, on the basis of the principles of efficiency and administrative speed, and for reasons of legal certainty, the different powers that in matters of management of resources human and commercial functioning assume the previous organs.

For all this, according to the provisions of Articles 5, 16 and 21 of the Statute of the Entity, approved by Royal Decree 2069/1999 of 30 December 1999, pursuant to Articles 12 and 13 of Law 30/1992, of 26 of The Court of Justice of the European Communities, of the Court of Justice of the European Communities, of the Court of Justice of the European Communities, of the Court of Justice of the European Communities, of the State General Administration, agreement:

First. Delegation of duties to the Secretary of State for Finance in the field of personnel. -The following powers are delegated to the Secretary of State for Finance:

1. Supervise the management and administration of the human resources of the Entity, in accordance with the specific legislation on personnel.

2. To proceed with the call and provision of the posts for the procedure of free designation, as well as the appointment and termination of the Directors of Services of the Entity, on a proposal from the Director General of the same.

Second. Delegation of staff duties in other management bodies.

One. The following powers of the Minister of Finance are delegated to the Director-General of the Public Lotteries and Gambling Authority of the State in respect of the staff assigned in that Entity:

a) Propose and execute, in the field of their competencies, the employment plan of the Entity.

(b) In respect of the official staff, the call for tenders for the provision of jobs and their resolution, and the corresponding appointments and appointments.

Two. The delegation is approved in the Director-General of the Business Entity Lotteries and Gambling of the State of the following powers of the Deputy Minister of Finance:

1. With regard to the official staff assigned to the Entity:

a) The Special Services statement.

(b) The declaration of the situation of voluntary leave for the provision of Service in the public sector or in another body or scale.

c) The granting of the return to the Active Service of the officials from the situation of Special Services who have a job reserve in the Entity.

d) Agree to the commissions of services to participate in International Cooperation programs or missions, in accordance with the provisions of Article 65 of the General Staff Regulations to the Service of the Administration General of the State and Provision of Jobs and Professional Promotion of Civil Servants of the State Administration, approved by Royal Decree 364/1995, of March 10.

e) The temporary assignment of functions provided for in Article 66 of the General Staff Regulations to the Service of the General Administration of the State and the Provision of Jobs and Professional Promotion of the Civil servants of the State Administration, approved by Royal Decree 364/1995 of 10 March.

f) Recognition of the acquisition and change of personal degrees.

g) To defer the cessation and to extend the time limit for taking possession, in accordance with the prescribed terms.

(h) The reallocation of staff as a result of an employment plan in accordance with the terms of Article 60 of Royal Decree 364/1995 of 10 March.

2. Regarding the employment staff of the Entity: The ratification of the pacts with the trade union representatives, prior to their processing before the competent bodies for final approval.

Three. The delegation is approved in the Director of Corporate Services of the Entity, at the proposal of the Directorate General of the Entity, of the following powers of the Deputy Minister of Finance, regarding the officials assigned in the Entity:

(a) Grant the return to the active service to the officials from the situation of leave of absence for the care of children.

b) Authorizing assistance to selective courses for access to bodies and scales of officials.

c) The recognition of trienes, as well as of the previous services provided and their accumulation, in accordance with the provisions of Law 70/1978 of 26 December of the recognition of previous services in the Public Administration.

d) The declaration of the administrative situation of Service in Autonomous Communities.

e) The exercise of powers not conferred on other bodies in this Order on all those acts of administration and ordinary management of staff pursuant to Article 10.6 of Royal Decree 2169/1984, 28 of November, the allocation of powers in the field of personnel.

f) The formalization of the inauguration and cessation.

g) The granting of permits and licenses.

(h) The declaration of situations of voluntary leave of absence of particular interest, family grouping and child care.

i) Authorize residence in a municipal term other than that of destination, provided that it is compatible with the exact fulfillment of the tasks of the post.

j) Declaration of forced retirement by age and disability, as well as the authorization to remain in active service.

Third. Delegation of legal and administrative functions. -In relation to the acts and resolutions of the General Directorate of the Public Entity of Lotteries and Gambling of the State, the following powers are delegated to the Deputy Minister of Finance Minister:

1. The resolution of the resources of the high and extraordinary review, referred to in Articles 107 and 108 of Law 30/1992, of 26 November, of the Legal Regime of the Public Administrations and of the Common Administrative Procedure.

2. The resolution of the pre-judicial complaints, governed by Articles 122 et seq. of Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure.

3. The decision of the public administration's liability procedures referred to in Articles 139 et seq. of Law 30/1992 of 26 November 1992 and Royal Decree 429/1993 of 26 March 1993 on the Regulation of the Procedures in Matter of Heritage Liability.

Fourth. Delegation of commercial functions. -Certain powers of the Minister of Finance are delegated to the following bodies:

1. In the Secretary of State for Finance:

(a) The approval of the rules to establish the destination of the benefits of those National Lottery draws, of a finalist character, that are approved by Law.

b) The appointment of the holders of the Lotteries Administrations and of the points of sale that are integrated into the Basic Network, on a proposal from the Public Entity of Lotteries and Gambling of the State.

2. In the Director-General of the Public Entity of Lotteries and Gambling of the State, to establish and modify the commissions relating to the marketing of the State-owned games, and the distribution of the corresponding amount To concept 481 of the budget of the entity's expenses, "current transfers to the College of San Ildefonso and other charitable institutions".

Fifth. Delegation of tasks in the field of procurement. -The Secretary of State of the Treasury is delegated the power to authorize the contracts that the Entity holds, starting from the amount, which is hereby set at 500 million pesetas.

Sixth. Vocation. -The delegations of powers contained in this Order are without prejudice to the fact that at any time the delegating body may be able to endorse the knowledge and resolution of all matters considered appropriate.

Any use of the delegations or privileges contained in this provision should be expressly stated in the relevant administrative decision.

Repeal provision. Repeal.

Any rule of equal or lower rank which is opposed to this general provision shall be repealed.

Final disposition. Entry into force.

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

Madrid, 29 August 2000.

MONTORO ROMERO

Excmo. Mr Secretary of State for Finance and Ilmos. Mr Deputy Minister of Finance and Director-General of the Public Lottery Business Entity and State Gambling.