Law 7/1991, of March 21, creates the Cervantes Institute for the universal promotion of Spanish and the diffusion of culture abroad. Its final provision gives the Government the approval of the Regulation of the Institute in which the basic rules for the organisation and operation of the Regulation are adopted.

Royal Decree 758/1996 of 5 May, restructuring of the ministerial departments, created the Ministry of Education and Culture and attributed the competences until then corresponding to the Ministries of Education and Science and Culture.

This ministerial restructuring prompted the composition of the collegiate organs of the Instituto Cervantes in which the former Ministries of Education and Science and Culture were represented.

The Government, by means of Royal Decree 89/1997 of 24 January, adapted the regulation of the governing bodies of the Cervantes Institute to the restructuring and reorganization of the ministerial departments. This adjustment was made in accordance with the provisions of Article 76 of Law 42/1994 of 30 December 1994 on Fiscal, Administrative and Social Order Measures. This Royal Decree incorporates in full the provisions of Royal Decree 89/1997 concerning the governing bodies of the Institute.

Regarding the regulation of the Board of Trustees, it should be noted that Royal Decree 971/1992, of 21 July, which regulates its constitution and which has already been the subject of partial abrogation by Royal Decree 89/1997, is repealed by the Present Royal Decree.

With this it is possible that the regulation of the Patronato is contained in a single norm, the Regulation of the Cervantes Institute, accommodating, in the not specifically previewed, the regulatory provisions of the collegiate organs, contained in Law 30/1992 of 26 November 1992, of the Legal Regime of Public Administrations and of the Common Administrative Procedure.

The experience accumulated during these eight years of operation of the Institute makes it advisable to subscribe, collected in this Regulation, from the centers of the Instituto Cervantes to the Diplomatic Missions and Offices Consular of Spain abroad.

In its virtue, on the initiative of the Ministers of Foreign Affairs and of Education and Culture, on a joint proposal of the Ministers of Economy and Finance and of Public Administrations, in agreement with the State Council, and prior deliberation of the Council of Ministers at its meeting on 1 October 1999,

DISPONGO:

Single item. Adoption of the Regulation.

The Cervantes Institute Regulation is approved, the text of which is inserted below.

Single additional disposition. Precedence.

For the purposes set out in Royal Decree 2099/1983, of 4 August, for which the General Regulation of Precedence is approved, in the collegiate rank the Instituto Cervantes will occupy the immediate place next to the Institute of Spain and the Royal Academies. In the individual range, the Director and the Secretary-General shall be immediately behind the last authority with the rank of Deputy Secretary and Director-General respectively of the Ministry of Foreign Affairs.

Single repeal provision. Regulatory repeal.

1. Royal Decree 89/1997, of 24 January, is repealed, adapting the composition of the governing bodies of the Cervantes Institute to the restructuring and reorganization of the ministerial departments.

2. Royal Decree 971/1992, of 21 July, is hereby repealed, regulating the constitution of the Patronato of the Instituto Cervantes.

3. All provisions of equal or lower rank shall be repealed as set out in this Royal Decree.

Single end disposition. 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 on October 1, 1999.

JOHN CARLOS R.

The First Vice President of the Government and Minister of the Presidency,

FRANCISCO ALVEZ-HELMETS FERNANDEZ

CERVANTES INSTITUTE REGULATION

CHAPTER I

Nature and legal regime

Article 1. Legal nature.

The Cervantes Institute is a public body created by Law 7/1991, of March 21, under the High Sponsorship of SS. MM. the Kings of Spain.

Article 2. Legal capacity.

The Cervantes Institute is a non-profit public body, with its own legal personality and ability to act for the fulfillment of its purposes, which will adjust its activities to the private legal system.

Article 3. Legal regime.

The Cervantes Institute will be governed by Law 7/1991 of 21 March, of creation of the same; by this Regulation; by the provisions of the General Budget Law, recast text approved by Royal Legislative Decree 1091/1988, of 23 September 1988, which is applicable to it by the other rules applicable to it; and, in an additional manner, by Law 6/1997 of 14 April of the Organization and the Functioning of the General Administration of the State.

Article 4. Attachment.

The Cervantes Institute is attached to the Ministry of Foreign Affairs, through the Secretariat of State for International Cooperation and for Latin America.

Article 5. Framework for action.

The Cervantes Institute will act in the general framework of the State's external action and coordinate its activities with all the public administrations or any other institutions oriented towards the end of the year. Institute.

CHAPTER II

Purposes and Activities

Article 6. Finnish.

1. They are the purposes of the Cervantes Institute:

a) Universally promote the teaching, study and use of Spanish.

b) Encourage how many measures and actions contribute to the dissemination and improvement of the quality of these activities.

c) Contribute to the dissemination of Spanish culture abroad in coordination with the other competent bodies of the General Administration of the State and other public administrations.

2. In its activities, the Instituto Cervantes will fundamentally address the linguistic and cultural heritage that is common to the countries and peoples of the Spanish-speaking community.

3. The purposes provided for in this article are entrusted to the Instituto Cervantes without prejudice to the powers of the other organs of the General Administration of the State acting abroad, in particular those dependent on the Ministries of Foreign Affairs and Education and Culture. The Instituto Cervantes, through its centres abroad, will collaborate with these bodies, in accordance with the principle of cooperation between the public administrations provided for in Article 3 of Law 30/1992, of 26 November, of Regime Legal of Public Administrations and of the Common Administrative Procedure.

Article 7. Activities.

For the purpose of the Cervantes Institute, on its own initiative or in collaboration with third parties, it may:

1. Create centers, and promote and organize courses for the teaching of Spanish.

2. Organize the tests of verification of knowledge of the Spanish, in order to obtain the official diplomas awarded by the Ministry of Education and Culture, in the terms that this regulation.

3. To promote and carry out actions aimed at the dissemination of Spanish, in particular through the social media and audiovisual media, to the training of teachers and to the editing of materials supporting the teaching of the language.

4. Encourage the research of Spanish and its teaching and act as an organ of cooperation and assistance for Hispanic and foreign research centers.

5. Carry out cultural activities, in all their manifestations, according to the aims of the Institute.

6. Establish conventions and, where appropriate, protocols of collaboration with universities and other institutions, public or private, national or foreign, that are dedicated to identical or similar purposes.

7. Perform any other activities conducive to the fulfillment of their purposes.

CHAPTER III

Organization

Article 8. Governing bodies.

The governing bodies of the Cervantes Institute are: the Board of Trustees, the Board of Directors and the Director.

Section 1. The Patronate

Article 9. Composition.

1. The Presidency of Honor of the Patronate corresponds to His Majesty the King.

2. The Board of Trustees shall be composed of the following members:

a) Nates Members:

The President of the Government, to which the Executive Chair of the Board is responsible.

The Minister of Foreign Affairs.

The Minister of Education and Culture.

The Chairman of the Board of Directors.

The Vice President of the Board of Directors.

The Director of the Cervantes Institute.

The President of the Institute of Spain.

The Director of the Royal Spanish Academy.

The Secretary-General of the Permanent Commission of the Association of Academies of the Spanish Language.

The authors awarded the "Miguel de Cervantes" Prize for Literature, created by Order of 15 September 1975.

b) Twenty-two members, appointed by the Government, on a joint proposal from the Ministers for Foreign Affairs and Education and Culture, as follows:

Seven vowels representing Spanish letters and culture.

Seven vowels representing Spanish-American lyrics and culture.

Five vowels representing the University and the Royal Academies.

Three vowels representing other social institutions of character or cultural influence.

c) The Secretary-General of the Institute, who will also be the Board of Trustees, with a voice but without a vote.

3. The vowels referred to in paragraph (b) of the preceding paragraph shall be appointed for a period of six years, and shall be renewed for half every three years.

4. In the case of a vacancy caused by the discharge of a vowel before the period provided for in the preceding paragraph, the Government shall, in accordance with the provisions of paragraph 2 (b) above, appoint a new voice on behalf of the The same group to which the replacement belonged, for the period remaining to the holder of the square so covered.

5. The vowels referred to in paragraph (b) of paragraph 2 of this Article, who have been appointed by reason of the performance of a position in the institutions referred to in paragraph (b), shall cease in their status as a member of the Board of Trustees. When he/she is no longer in office, he/she shall take up the position of the vacant vowel until the end of the term of office, who has replaced him in office.

Article 10. Functions.

The following functions correspond to the Patronate:

a) Propose the Institute's priorities for action for the best fulfillment of its goals.

b) Know and report, prior to their approval, the Institute's overall activity plans.

c) Know and report, prior to approval, the annual activity memory.

d) Propose how many initiatives can contribute to the best functioning of the Institute and to the fulfilment of its aims.

e) Propose to the Government the appointment of the two directors, members of the Board of Trustees, who represent him in the Board of Directors.

f) Create, on the proposal of the Board of Directors, the honorary distinctions of the Instituto Cervantes and approve the necessary rules for its granting.

Article 11. Operation.

1. The Board of Trustees will necessarily meet in ordinary session once a year, upon convocation of its Executive Chairman. It shall also meet in extraordinary session, also by means of a call by the Executive Chairman, either on the initiative of the Executive Chairman or on the proposal of any of the Ministers who are members of the President of the Council of Administration of the Institute or a minimum of five of the remaining Board members.

In all cases, the call must express the items on the agenda, which will have to be collected in a precise manner by the points proposed by the person who has called for the extraordinary meeting.

2. The deliberations shall be conducted by the President of Honour or, in his absence, by the Executive Chairman of the Board of Trustees or member of the Government in whom he delegates.

3. The operation of the Board of Trustees shall be accommodated, in all cases not specifically provided for, to the regulatory provisions of the collegiate bodies, contained in Chapter II of Title II of Law 30/1992, of 26 November, of the Legal Regime of the Public administrations and the Common Administrative Procedure.

4. Members of the Board of Trustees shall not receive any economic consideration for the performance of their duties.

Section 2. The Board of Directors

Article 12. Composition.

The Management Board of the Cervantes Institute will be composed of:

(a) The President, the position of the Secretary of State for International Cooperation and for Ibero-America, of the Ministry of Foreign Affairs. You will have quality voting.

b) The Vice-President, who will be the Secretary of State for Culture of the Ministry of Education and Culture.

c) Two councilors, appointed by the Government, representing and on a proposal from the Board of Trustees, for a period of three years. The loss of the status of the Patronato's voice will involve his replacement, during the time that he was subtracted, by the one who replaced him in the Board.

(d) Five members, representing, respectively, the Ministries of Foreign Affairs, Education and Culture and the Economy and Finance, who will be assigned to:

The Under Secretary for Foreign Affairs.

The Assistant Secretary for Education and Culture.

The Director General of Cultural and Scientific Relations at the Ministry of Foreign Affairs.

The Ministry of

's Director-General for Cultural Cooperation and Communication

Education and Culture.

The Director-General of Budgets at the Ministry of Economy and Finance.

e) The Director of the Cervantes Institute.

f) The Secretary General of the Cervantes Institute, who will also be the Council, with a voice but without a vote.

Article 13. Functions.

Corresponds to the Board of Directors:

a) Approve the Institute's overall activity plans and grant and grant programs, as well as the basic criteria for its award.

b) Approve the Institute's preliminary annual budget.

c) Approve the annual memory.

d) Set the basic criteria for signing conventions and protocols.

e) Propose to the Ministry of Foreign Affairs, for approval by the Government, the creation of foundations or non-profit entities, under the legislation of other States, where necessary or appropriate to the best fulfilment of the aims of the Institute.

f) Approve the creation of foundations under Spanish law.

g) Report the proposal for the appointment of the Director of the Institute and the Secretary-General.

h) Establish the necessary services for the development of the activities of the Cervantes Institute and the functions that correspond to them at any time.

i) Approve, on a proposal from the Director of the Institute, in accordance with the legal conditions that are applicable and after favorable report of the Executive Committee of the Inter-Ministerial Commission of Remuneration, the templates, the the remuneration of his staff and their modifications.

j) Set the prices of the Institute's activities on a proposal from the Director.

k) Approve, on a proposal from the Director of the Institute, credit transfers in the Budget, as provided for in this Regulation.

l) Approve the inventory of goods and rights that constitute the heritage of the Institute.

(m) Approve, on a proposal from the Director of the Institute and in accordance with the provisions of Article 29 of this Regulation, that the purchase, disposal or taxation of property assets is applicable of the Institute, and its lease in favour of third parties.

n) Grant, on a proposal from the Director of the Institute, the honorary distinctions of the Instituto Cervantes.

n) Approve, on a proposal from the Director, the creation and suppression of centers abroad.

o) Instituir, on a proposal from the Director of the Institute, an Advisory Committee in each of the centers abroad made up of persons or entities of recognized prestige linked to the Spanish and Spanish-American culture, residents in the State in which they carry out their activities.

p) On a proposal from the Director of the Institute, determine the composition and functioning of these Advisory Committees and appoint their Presidents.

q) To know, through the Director of the Institute, the appointment of the members of the Advisory Committees.

r) To authorize the Director to negotiate with the staff of the Institute the conditions of the extinction of the employment relationship, adjusting to the general criteria that, on the proposal of the Institute, are approved by the Ministries of Public and Economic and Finance Administrations.

s) In general, ensure the proper functioning of the Institute in relation to the purposes it has entrusted to it.

Article 14. Operation.

1. The Board of Directors shall meet at least once a quarter.

2. The functioning of the Board of Directors shall be accommodated, in any case not specifically provided for, to the regulatory provisions of the collegiate bodies contained in Chapter II of Title II of Law No 30/1992 of 26 November 1992. Legal of Public Administrations and of the Common Administrative Procedure.

3. The members of the Board of Directors of the Institute shall be entitled to receive allowances and, where appropriate, travel and accommodation costs. The amount shall be fixed in accordance with the provisions of Article 32.1 of Royal Decree 236/1988 on compensation for service reasons.

Section 3. The Director of the Institute

Article 15. Appointment.

The Director will be appointed by the Council of Ministers, on the initiative of the Minister of Education and Culture, on a joint proposal from the Ministers of Foreign Affairs and Education and Culture.

Article 16. Functions.

Corresponds to Director:

a) The management of the Institute and its staff.

b) Propose to the Board of Directors the creation and suppression of centers abroad.

(c) Propose to the Board of Directors, in accordance with the provisions of Article 29 of this Regulation, which are applicable, the purchase, disposal and taxation of the property of the Institute, as well as its lease to third parties.

(d) The proposal and implementation of the general action plans of the Institute and the agreements of the Management Board.

e) The representation of the entity and the direction of its external relations of a technical nature, both at national and international level.

f) The elaboration of the Agency's annual activity memory and the elevation to the Board of Directors of the Institute's preliminary draft budget.

g) The formalization of conventions and protocols.

(h) The hiring on behalf of the entity, as well as the provision of expenses and order of payments, as provided for in the legislation in force, being able to conclude contracts for the lease of real estate to be used by the Institute.

i) The grant of grants and grants to be awarded to the Institute.

j) Hire staff.

k) Organize and inspect the Institute's services and dependencies.

(l) Appointing and separating the Directors of the Instituto Cervantes abroad, with the agreement of the Secretary of State for International Cooperation and for Latin America, and giving the Council of Administration.

m) Propose to the Board of Directors the approval of the templates, the remuneration of its staff and its modifications, in accordance with the legal conditions that are applicable and after the favourable report of the Commission Executive of the Inter-Ministerial Commission on Remuneration.

n) To propose to the Board of Directors credit transfers in the budget, as provided for in this Regulation.

n) Propose to the Board of Directors the award of honorary distinctions of the Instituto Cervantes.

o) Propose to the Board of Directors the amount of the prices of the Institute's activities.

p) Set, in each financial year, the credit allocations for expenses of the centers abroad.

q) Negotiate with the staff of the Institute, prior to the authorization of the Board of Directors, the conditions of the extinction of the employment relationship, adjusting to the general criteria that, at the Institute's proposal, are approved by the Ministries of Public and Economic Administrations and Finance.

r) The appointment of the members of the Advisory Committees of the centres abroad in the terms provided for in Article 23.4 of this Regulation.

s) In general, how many faculties and competencies are not specifically attributed to other organs of the Institute.

Article 17. Delegation, endorsement and management commendation.

1. The Director of the Institute may delegate the exercise of the powers conferred on him, to the knowledge of matters and to delegate his signature in the form and with the conditions laid down in Law 30/1992, of 26 November, of Regime Legal of Public Administrations and of the Common Administrative Procedure.

2. In accordance with Article 15 of the Law on the Legal Regime of Public Administrations and the Common Administrative Procedure, the Director of the Institute may agree to the assignment of management of activities of a nature material, technical or own services of the Cervantes Institute to other entities and bodies of public administrations, by agreement.

Section 4. General Secretary of the Institute

Article 18. Appointment.

The Secretary-General of the Institute shall be appointed by the Minister of Foreign Affairs on a proposal from the Director, heard by the Board of Directors.

Article 19. Functions.

1. It is up to the Secretary-General, under the Director's office and senior management, to coordinate the activities of the Institute's administrative units and centres, as well as the exercise of the number of tasks assigned to him or the delegation of the Institute. Director.

The Secretary-General will act as the Secretary of the Board of Trustees and the Board of Directors of the Institute.

2. The Secretary-General shall supply the Director in cases of vacancy, absence, illness or any other legitimate cause.

CHAPTER IV

Centers of the Cervantes Institute on the outside

Article 20. Centers on the outside.

1. The Instituto Cervantes will count, for the fulfillment of its purposes, with a network of centers abroad that will hold this generic denomination.

2. The centres abroad shall be assigned to the Diplomatic Missions or, where appropriate, to the Spanish Consular Offices abroad.

3. Where the legislation of the States in which they carry out their activities so imposes or reasons of interest justify it, the centres of the Instituto Cervantes may take the form of foundations or non-profit entities which are more suitable for the fulfilment of its purposes, in accordance with the regulations in force in each State. In these cases and when the membership provided for in the previous paragraph does not take place, the centres of the Instituto Cervantes will have the consideration of the institutions of the General Administration of the State abroad.

4. Where the centres become attached to the Diplomatic Missions or to the Consular Offices or to the consideration of the institutions of the General Administration of the State abroad without a representative character, the following shall be completed: Article 366 of Law 6/1997 of 14 April of 14 April on the Organization and the Functioning of the Administration of the Administration of the State of the Republic of the Republic of the European Union State General.

5. The centres of the Instituto Cervantes abroad will adjust their activities to the guidelines of the State's external action, they will be subject to the coordination of the Head of the Diplomatic Mission in the State in which they are located and will collaborate with the services of the Administration abroad in order to guarantee the unity of action in the management of national interests, in compliance with the provisions of Royal Decree 632/1987, of 8 May, on the Organization of the Administration of State on the Outside.

6. The Heads of the diplomatic missions of Spain abroad will exercise the immediate inspection of the centers abroad.

Article 21. Creation, deletion, and operation.

1. The creation and deletion of the centres of the Instituto Cervantes abroad corresponds to the Board of Directors, on a proposal from the Director, without prejudice to the provisions of paragraph 4 of the previous article.

2. The internal organisation and the rules of operation of the centres shall be determined by the Director of the Institute, taking account of the Management Board.

3. At the front of each center of the Cervantes Institute abroad there will be a Director, who will be the head of all the services of the Institute and will ensure the fulfillment of the functions that correspond to the center.

4. The Directors of the institutions shall be appointed and separated by the Director of the Institute, with the agreement of the Secretary of State for International Cooperation and for Ibero-America, and shall account for the Board of Directors.

Article 22. Functions.

1. It is up to each of the centres abroad to carry out the general policy of the Cervantes Institute in the geographical area of action it has entrusted to it.

2. The centres shall develop, inter alia, the following activities:

a) The teaching and dissemination of Spanish.

b) The performance of activities aimed at the diffusion of Spanish culture abroad.

c) The conduct of tests for obtaining Spanish diplomas as a foreign language.

d) Support for Spanish teachers, researchers, and Hispanics.

e) The development of how many activities are entrusted to them to fulfill the purposes attributed by the Instituto Cervantes.

Article 23. Advisory Committees.

1. The Board of Directors of the Institute may, on a proposal from the Director, institute in each of the institutions an Advisory Committee composed of persons or entities of recognized prestige linked to the Spanish culture Spanish-American residents in the State in which they operate.

2. It is up to the Advisory Committee to report on the projects of non-daily cultural activities to be developed by the center and to collaborate, when required, in the tasks entrusted to the Instituto Cervantes.

3. The composition and functioning of this Advisory Committee shall be determined by the Board of Directors, on a proposal from the Director of the Institute. The President shall be appointed by the Management Board on a proposal from the Director.

The Secretariat of the Advisory Committee shall be the Director of the Centre.

4. The appointment of the members of the Advisory Committee shall be the responsibility of the Director of the Institute, taking account of the Board of Directors.

Members of the Advisory Committee shall not receive any economic consideration for the performance of their activities.

CHAPTER V

Staff Regime

Article 24. Staff.

1. The staff of the Cervantes Institute shall be governed by the rules of employment law and, where appropriate, by those in force in the States in which they are employed.

2. The staff of the Cervantes Institute and the remuneration of its staff shall be approved by the Management Board, on a proposal from the Director, following a favourable report from the Executive Committee of the Inter-Ministerial Committee of Remuneration.

3. The officials who will serve at the Cervantes Institute will be declared in the situation of special services.

4. The staff of the Cervantes Institute must be in possession of the qualification and meet the requirements and conditions laid down for each job.

The teaching staff of the Instituto Cervantes must be in possession of the appropriate teaching and training for the teaching of Spanish as a foreign language and as a second language.

Article 25. Selection.

The selection of the staff of the Cervantes Institute will be made by public notice and in accordance with the principles of equality, publicity, merit and capacity, without prejudice to the specialties that result from the application of the staff manager.

CHAPTER VI

Economic Regime

Section 1.

Article 26. Estate regime.

The Instituto Cervantes will have, for the fulfillment of its purposes, in addition to its own patrimony, different from that of the State, formed by the goods, rights and obligations that are of its ownership, the assets of the State to be attached to it.

Article 27. Goods and economic resources of the Instituto Cervantes.

1. The goods and economic resources of the Instituto Cervantes will be integrated by:

(a) The assets and securities that constitute their assets and the products and income of the equity.

(b) Consignations and transfers that are allocated annually to the General Budget of the State.

(c) The revenue which, as provided for in the legislation in force, may be collected and incurred as a result of its activities.

d) Grants, voluntary contributions, donations, inheritances and legacies that are awarded to you by public or private persons.

e) Any other resource that may be attributed to you in other legal or regulatory provisions.

2. The possible surpluses obtained by the Instituto Cervantes will be used for their own activities.

Article 28. Goods attached.

1. The adjournación and dispossession of goods by the General Administration of the State will be governed by the Law of State Heritage, articulated text approved by Decree 1022/1964, of April 15, and complementary norms, preserving those of its classification and legal ownership originating and corresponding to the Cervantes Institute its use, administration and any prerogatives concerning the public domain are legally established, which will be exercised by the Council of Administration, by itself or by delegation to the Director of the Institute.

2. The Board of Directors shall declare the movable and demanial immovable property unnecessary for the purpose of the purpose of the Institute, in order to request its disaffiliation and integration into the State Heritage, compliance with the provisions of the State Heritage Act.

Article 29. Acquisition and disposal of own goods.

1. The Cervantes Institute may acquire all kinds of property and rights for any of the permitted modes.

The acquisitions of real estate in Spain will require the prior favorable report of the Ministry of Economy and Finance.

The goods and rights acquired by the Instituto Cervantes will be incorporated into the State Heritage when they are unnecessary for the fulfillment of their ends.

2. The disposal of the property's own property shall be carried out in accordance with the provisions of Article 48 of Law 6/1997 of 14 April of the Organization and the Functioning of the General Administration of the State.

3. The affectation of property and property rights to the purposes of the Institute shall be agreed upon by the Ministry of Foreign Affairs on a proposal from the Board of Directors, implicit in the approval of the approval of the acquisition of the same.

4. The modification of the destination of these goods, in the case of property or rights thereon, shall be governed by the provisions of Article 48 of Law 6/1997 of 14 April of the Organization and the Functioning of the General Administration of Status.

5. The system of the Institute's own movable property shall be that provided for in Law 6/1997 of 14 April of the Organization and the Functioning of the General Administration of the State; in the Law of State Heritage, and in other rules complementary.

Article 30. Inventory.

The Cervantes Institute will carry out and keep up to date an inventory of the 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 annually by reference to 31 December and shall be submitted for approval by the Management Board in the first quarter of the following year.

The updated inventory of real estate and rights over the same and its subsequent modifications will be referred to the General State Heritage Directorate.

Section 2. Contracting

Article 31. Legal regime.

The Cervantes Institute will adjust its contractual activity to the rules governing procurement in public administrations.

Section 3. Budget Regime

Article 32. Preliminary draft budget.

The Cervantes Institute will draw up its preliminary draft budget annually and forward it, through the Ministry of Foreign Affairs, to the Minister of Economy and Finance. He will submit it to the Government's agreement, for further referral to the General Cortes, which is integrated into the General Budget of the State.

Article 33. Structure of the budget.

In the meantime, the adaptation of the General Budget Law to the new classification of public bodies by the Law on the Organization and the Functioning of the General Administration of the State, the structure of the of the budget of the Instituto Cervantes shall be maintained in accordance with that established for the previously known as commercial autonomous bodies.

Article 34. Budgetary changes.

1. Transfers of credit between the various budget items, including current expenditure and capital expenditure, which do not increase the total amount, shall be approved by the Management Board on a proposal from the Director of the Institute. of the budget.

2. Changes in the total amount of the budget of the Instituto Cervantes and do not affect transfers from the general budget of the State shall be authorized by the Minister for Economic Affairs and Finance, when they do not exceed 5%. for 100 of the budget, and for the Government in other cases.

Article 35. Budget operation of the centres.

1. The Director shall, in each financial year, fix the appropriations for expenditure of the centres abroad.

2. The centres abroad, in order to limit the movement of foreign currency to the minimum necessary, may allocate the funds they collect to the payment of obligations which, within the budgetary appropriations allocated to them, are to be met.

Section 4. Accounting and Control

Article 36. Accounting.

1. The Cervantes Institute is subject to the public accounting system in the terms provided for in Title VI of the recast text of the General Budget Law.

2. The organisation of the accounts shall be carried out with respect to the principle of separation of functions between the bodies carrying out the management acts which are liable to be entered into accounts and those which manage funds.

Article 37. Control.

The control of the economic and financial management of the institution shall be exercised, in accordance with Article 17 of the recast text of the General Budget Law, by the General Intervention of the Administration of the State, without prejudice to the Court of Auditors.