Law 66/1997 of 30 December 1997 on fiscal, administrative and social measures creates, in Article 82, the Autonomous Body of State Security Infrastructure Management (hereinafter GISE), the object of which is, as stated in the explanatory memorandum itself, to develop the guidelines of the Ministry of the Interior in the area of real estate.

The creation of the GISE responds to the need for an agile and effective instrument to carry out the infrastructure plans of the State security and the convenience of having specific means to enable a more flexible approach to urban and real estate.

Thus, it is necessary to implement the process of reorganization of the affected goods for the purposes of public security, in order to adapt the units to the needs demanded by the society.

These objectives are those that justify the existence of an autonomous body, attached to the Ministry of the Interior, through the Secretariat of State of Security, with wide powers for the acquisition and disposal of goods. buildings and for collaboration to this end with the Autonomous Communities and Local Entities.

Law 66/1997 also attributes to it the capacity to construct real estate affected by the security of the State, thus closing a wide range of possibilities for action.

For the sake of the necessary agility and efficiency in its management, the Law 66/1997 itself establishes some peculiarities that are the object of development in the present Statute. In this sense, the GISE is empowered to directly dispose of goods to private individuals, local corporations and Autonomous Communities when there is a concurrency of urban interests between the parties or in the case of permuse, although the carry out, normally, by the procedure of public auction.

On the other hand, the GISE has management and administration bodies-the Rector Council, the Delegate Commission, if any, and the Management Board-as well as with own resources for the fulfillment of these objectives. With regard to the staff, in line with Law 6/1997 of 14 April, of the Organization and the Functioning of the General Administration of the State, it is admitted that the personnel at the service of the GISE can be both official and labor.

This Royal Decree therefore develops the forecasts contained in Section 3 of Chapter II of Title IV of Law 66/1997, and, in compliance with the provisions of Article 87 thereof, approves the Statute of the GISE, Unavoidable condition for its effective operation.

Therefore, at the initiative of the Minister of the Interior, on a joint proposal of the Second Vice President of the Government and Minister of Economy and Finance and the Minister of Public Administration, according to the Council of State and deliberation of the Council of Ministers at its meeting on 23 December 1998,

DISPONGO:

Single item. Approval of the Staff Regulations.

The Statute of the Autonomous Agency for the Management of State Security Infrastructures (hereinafter GISE) is approved, the text of which is inserted below.

Additional disposition first. Effective constitution of the GISE.

The effective constitution of the GISE will take place at the time of the entry into force of this Royal Decree and once the Governing Council has met for the first time.

Additional provision second. Staff costs.

The staff costs of the GISE shall be financed by credit transfers from the allocations of the Ministry of the Interior's management centres from which the staff is integrated into the Agency.

Additional provision third. Modification of the basic organic structure of the Ministry of the Interior.

1. Article 5 of Royal Decree 1885/1996, of 2 August, of basic organic structure of the Ministry of the Interior, is worded as follows:

" Article 5. The Directorate-General for Administration of Security.

1. Without prejudice to the powers legally conferred on the Autonomous Agency for the Management of State Security Infrastructures, the Directorate-General for Administration of Security is responsible for the management of the services common to the State Security Corps and Forces Management Bodies, and in particular the following functions:

(a) The determination of the basic criteria regarding the selection, training and improvement of the personnel of the National Police Corps and the Civil Guard Corps, as well as the management of the personnel, and the management of the officials of other bodies and labour personnel, seconded to the Secretariat of State for Security and in the management centres which are dependent on it; the development, coordination and implementation of the personnel policies of the Corps and the State security, including remuneration and the development of templates, all within the framework of the powers which correspond to the Ministry of the Interior, and taking into account the needs determined by the Directorates-General of the Civil Guard and the Police.

b) Planning and management of the material resources assigned to the State Security Corps and Forces management bodies, taking into account the needs determined by the Directorates General of the Police and the Civil Guard.

c) Programming, coordination and maintenance of police transmissions, as well as the acquisition and installation of equipment and equipment.

d) The design of the general policy in the field of information technology, the analysis of the necessary systems for its execution and the acquisition and maintenance of the automatic information processing equipment, with the objective of achieve the maximum compatibility and communicability between the means attached to the Directorates-General of the Police and the Civil Guard.

(e) The approval, acquisition, administration, distribution and maintenance of the weapons, automotive, helicopter, craft and in general of the material means necessary for the performance of the police services.

(f) The harmonization of administrative procedures and the methods of work followed in the provision of public services of public security, in order to test their effectiveness, proposed and proposed regulatory or operational amendments that are deemed appropriate.

g) The preparation of the preliminary draft budget of the Secretariat of State for Security and of the management centres integrated into it, taking into account the proposals made by them.

(h) The financial management of revenue and treasury expenditure from the budgetary appropriations of the bodies referred to in the preceding point, as well as the central rating of staff and equipment.

2. The General Administration of Security Administration is structured through the following Units with the rank of Subdirection General:

a) General Subdirection of Planning, Materials and Security Personnel.

b) General Economic and Financial Management Subdirectorate.

3. It is for the General Secretariat of Planning, Material and Security Personnel to carry out the administrative tasks of collaboration with the Director-General for the exercise of the functions listed in paragraphs (a), (b), (c), (d), (e) and (f) of paragraph 1 of this Article.

4. The implementation of the administrative tasks of collaboration with the Director-General for the performance of the tasks listed in paragraphs (g) and (h) of paragraph 1 of this Article is the responsibility of the General Manager for Economic and Financial Management. Article. "

2. Article 9 of Royal Decree 1885/1996, of 2 August, of basic organic structure of the Ministry of the Interior, is worded as follows:

" Article 9. Technical General Secretariat.

1. It is for the Technical General Secretariat to exercise the functions referred to in Article 17 of Law 6/1997 of 14 April of the Organization and the Functioning of the General Administration of the State, as well as those attributed by the Law 50/1997 of 27 November of the Government and other existing rules.

2. In particular, they correspond to the functions listed below, except that they are expressly attributed to other organs of the Department:

(a) The precept report and the processing of general provisions in the department's own matters, as well as the elaboration of the corresponding projects, where it is expressly entrusted to it, and the advice to the department's senior positions regarding its application.

b) The conduct of studies and organizational analyses of the structure of the Department and the direction and wording of the ministerial-level organization projects.

c) The elaboration of studies and reports and the preparation of documentation on how many matters are submitted to the deliberations of the Council of Ministers, the Government's Delegate Commissions and the General Commission of Secretaries of State and Undersecretaries, by the Ministry of the Interior and by the other ministerial departments.

d) The relations of the Department with the Ombudsman, as well as the coordination to these effects of the higher bodies and the other management centres.

e) The follow-up of the acts and provisions of the Autonomous Communities, the relations of cooperation with them, the coordination of the relations of the different management centers of the Department with the Autonomous administrations and the process of transfers of such management centres.

(f) Relations with the Ministry of Foreign Affairs, and in particular with the Secretariat of State for Foreign Policy and for the European Union; monitoring of the cases of the Court of Justice of the European Communities; the handling of complaints, petitions and consultations channeled by the Spanish Embassies; and the report of the International Conventions, all in matters of competence of the Ministry.

g) The presidency, secretariat, documentation and implementation of agreements of the Permanent Inter-Ministerial Arms and Explosives Commission.

(h) The processing and proposal for the resolution of administrative resources, prior to judicial, civil or labour complaints, and the procedures for the ex officio review of administrative acts.

i) The processing and proposal for the resolution of claims for compensation.

j) The substantiation and proposal of resolution of the conflicts of attributions between organs of the Department.

k) The direction and coordination of the Information and Attention Offices of the Department and the maintenance of the database of administrative information, contributing to those documentary and technical support, promoting the exchange of information material between them, and participating in the elaboration and distribution of publications and other means of information dissemination.

l) Attention to victims of terrorism, providing information on possibilities and procedures for applying for public aid and for obtaining, where appropriate, the benefit of free justice. The processing and proposal for the resolution of the cases of aid and compensation to those affected by terrorist offences. The collaboration with the offices of assistance to victims of violent crimes to be established in Courts and Fiscalas, as well as the relationship with the associations of victims of terrorism and their relatives, and with the units of other Administrations also responsible for the processing of public aid.

m) The management of the National Register of Associations, the registration of associations at the state level, as well as the instruction of the files and the formulation of the necessary proposals for the declaration of utility public of associations.

n) The exercise of the powers conferred on the Ministry of the Interior with respect to public spectacles in general, taurine spectacles and games of chance, as well as to ensure the functioning of the registers The administrative provisions of this

.

n) The Secretariat, the elaboration of documentation and the implementation of agreements of the National Gaming Commission and the National Advisory Commission on Taurus.

o) The secretariat, the elaboration of documentation and the execution of agreements of the Advisory Commission of Publications, the Statistical Commission and other collegiate bodies attached to the Ministry of the Interior through the Technical General Secretariat.

p) The coordination and implementation of the Department's statistics, without prejudice to the competencies of the various higher bodies and management centers, as well as the National Statistics Institute.

q) The proposal of the Department's editorial program, as well as the general edition and distribution of the publications of the Department.

r) The organization and management of the general library and file and the other documentation services of the Ministry.

3. The Technical General Secretariat is composed of the following units with an organic level of Subdirectorate General:

a) Technical General ViceGeneral.

b) Subdirection General of Resources.

c) General Subdirectorate for Citizen Care and Assistance to Victims of Terrorism.

d) Subdirectorate General for Institutional Studies and Relations.

4. It is for the Technical General Secretariat to carry out the studies, reports and procedures necessary for the performance of the tasks assigned to the General Secretariat of the Technical Secretariat in paragraph 2 (a), (b), (c), (d), (e), (f) and (g) of this Regulation. Article. The holder shall replace the Technical Secretary-General in the case of vacancy, absence and illness.

5. It is for the Subdirectorate-General for Resources to carry out the acts of instruction and the preparation of the motions for resolutions necessary for the exercise of the functions conferred on the General Secretariat of the Technical Secretariat in paragraph 2, paragraphs (h), (i) and (j) of this Article.

6. It is up to the General Subdirectorate General for Citizen Attention and Assistance to the Victims of Terrorism to perform the functions attributed to the General Secretariat of the Technical Secretariat in paragraph 2, paragraphs (k) and (l) of this article.

7. It is for the General Secretariat for Studies and Institutional Relations to exercise the functions assigned to the General Secretariat of the Technical Secretariat in paragraph 2, paragraphs (m), (n), (n), (o), (p), (q) and (r) of this Article. '

Additional provision fourth. Removal of organs.

1. The following bodies of the Directorate-General for Security Administration are deleted:

a) General Security Personnel Subdirection.

b) General Economic and Financial Management Sub-Directorate of Security.

c) General Subdirection of Planning and Material Media.

2. The General Secretariat for Reports and Institutional Relations of the Technical General Secretariat is deleted.

Single transient arrangement. Units and jobs with lower organic level to General Subdirection.

The units and jobs with an organic level below the General Secretariat of the Technical General Secretariat of the Ministry of the Interior will continue to remain and will be paid from the same credits. budget, until the corresponding relations of jobs adapted to the new organic structure are approved.

The units and posts of work in the deleted organs shall be provisionally attached, by means of a decision of the Deputy Secretary, pending the entry into force of the new employment relationship, to the corresponding, depending on the attributions assigned to them.

Final disposition first. Powers of development.

The Minister of the Interior is empowered to dictate how many provisions are deemed necessary for the development and execution of this Royal Decree.

Final disposition second. Entry into force.

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

Given in Madrid at December 23, 1998.

JOHN CARLOS R.

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

FRANCISCO ALVEZ-HELMETS FERNANDEZ

STATUS OF THE AUTONOMOUS AGENCY MANAGEMENT OF STATE SECURITY INFRASTRUCTURES

CHAPTER I

General provisions

Article 1. Legal nature and administrative powers.

1. The GISE, set up by Law 66/1997 of 30 December 1997 on tax, administrative and social measures, is an autonomous body provided for in Article 43.1.a of Law 6/1997 of 14 April 1997 on the organization and operation of the General Administration of the State.

2. The GISE has its own distinct public legal personality, its own assets and its own treasury, its autonomy of management and full legal capacity, and, within its sphere of competence, the precise administrative powers for the GISE. compliance with its objectives, in accordance with the terms laid down in this Statute.

3. The duration of the GISE may not exceed five years from the date of its effective constitution.

Article 2. Organic attachment.

The GISE, under the Ministry of the Interior, is attached to the Secretariat of State for Security, to which the strategic direction and the evaluation and control of the results of its activity correspond, without prejudice to the competencies attributed to the General Intervention of the State Administration regarding the evaluation and control of the results of the entities in the state public sector.

Article 3. Legal regime.

The GISE is governed by the provisions contained in Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure; in Law 6/1997, of 14 April, of Organization and Operation of the General Administration of the State; in the recast text of the General Budget Law, approved by Royal Legislative Decree 1091/1988, of 23 September; in Law 13/1995, of 18 May, of Contracts of the Administrations Public; in the articulated text of the Law of State Heritage, approved by Decree 1022/1964, of 15 April, and in the rules implementing the laws cited and others which are applicable, without prejudice to the peculiarities contained in Law 66/1997 of 30 December 1997 on tax, administrative and administrative measures (a) social security, and in this Statute.

Article 4. Functions.

They are the functions of the GISE for the development and implementation of State security infrastructure plans:

a) Develop the guidelines of the Ministry of the Interior in matters of real estate and urban conditions.

b) Develop, execute, and perform these infrastructure plans.

c) Fulfill the tasks assigned to you in relation to the properties affected for the purposes of security.

d) Acquire for payment or free of charge and build, where appropriate, real estate.

e) Enajar real estate by sale or permuse to obtain resources for the fulfillment of its purposes.

f) Making proposals concerning urban planning.

g) To conclude agreements or agreements of collaboration with local Corporations and Autonomous Communities and how many public or private bodies and entities understand it necessary or appropriate, without prejudice to the Article 74.4 of the recast text of the General Budget Law.

h) Collaborate with local Corporations in urban planning plans that affect existing buildings and aquartelings.

CHAPTER II

GISE Organization

Section 1. General Regime

Article 5. Governing bodies.

The governing and administration bodies of the GISE are the Governing Council, the Delegate Commission, if any, and the Management Board.

Section 2. The Rector Board

Article 6. Composition.

GISE's Governing Council shall consist of:

President: The Secretary of State for Security.

Vocals: The Under Secretary of the Ministry of the Interior; the Director General of the Civil Guard; the Director-General of the Police; the Director-General of the State Heritage; the Director-General of Budgets; the Director of the Housing, Architecture and Urbanism; the Technical Secretary-General of the Ministry of the Interior; the Director-General of Administration of Security; the State-Chief Advocate at the Ministry of the Interior; and the Financial Controller in the Ministry of the Interior.

Secretary: appointed by the Rector Council, on a proposal from its President, among senior officials who have the status of a law degree.

Article 7. Competencies.

1. It is for the Governing Council, in addition to the high management and representation of the GISE, for the approval of the general plans for action, for the purchase, sale and swap of buildings and in particular:

(a) 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 Laws 30/1992 and 6/1997.

b) Create, if necessary, a GISE Delegate Commission, establishing its composition and functions.

c) conferring general or special powers on individuals or individuals.

(d) Agree to the exercise of actions and resources that correspond to the GISE in defense of its interests before the Public Administrations and the Courts of Justice.

e) Propose to the competent bodies for approval the project of organization and structure of the GISE, as well as the corresponding relations of jobs.

f) Approve the disposal and acquisitions of immovable property in accordance with the provisions of this Statute.

g) Approve the contracts concluded by the GISE, without prejudice to the provisions of Article 49 of Law 6/1997.

(h) Authorize the signature of all types of agreements with public and private entities, without prejudice to the provisions of Article 74.4 of the recast text of the General Budget Law.

i) Resolve the ordinary appeals against resolutions and acts of procedure dictated by the Director of Management.

j) Approve the preliminary draft budgets.

k) Authorize credit operations and other GISE debt securities within the limits of the annual State General Budget Law.

l) Approve GISE's inventory of goods and rights.

m) Install the modification or dissolution of the GISE, in accordance with the legally established procedures.

n) Approve the annual accounts for surrender to the Court of Auditors.

n) Exercise the top leadership of all the services and staff of the GISE through the direction, drive and inspection of all their activities.

2. The jurisdiction of the Governing Council referred to in the previous paragraph is without prejudice to any other jurisdiction conferred upon it by this Statute or the rules in force.

3. Decisions and acts of the Governing Council shall exhaust the administrative path.

4. In the terms to be determined, the Governing Council may, acting unanimously, delegate to the Commission Delegated all or some of the powers set out in paragraphs (c), (d), (f), (g), (h), (i) and (k) of this Article, with the the following conditions: in the case of paragraphs (c) and (d), for specific cases; in the case of paragraphs (f) and (g), the amount of approved operations may not exceed 300 million pesetas; in subparagraph (h) the amount of the The operations envisaged may not exceed 300 million pesetas, or be of indeterminate value, and in paragraph (k) above. amount shall not exceed 25 million.

Similarly, in the terms to be determined, the Governing Board may, acting unanimously, delegate to the Management Directorate all or some of the powers referred to in paragraphs (e), (l) and (n) of this paragraph. Article.

Article 8. Chair of the Governing Council.

Will be the faculties of the President of the Governing Council:

a) Ostend the representation of the GISE Rector Board.

(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 in good time.

(c) Vellar for the fulfilment of this Statute and of the agreements adopted by the Governing Council.

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

e) Lead with your vote the draws, for the purposes of adopting agreements.

f) Vising the minutes and certifications of the Rector Council agreements.

g) Propose to the Governing Council the appointment and separation of its Secretary.

h) Exercise how many other functions are inherent in your status as President of the Rector Board.

Article 9. Applicable rules.

The Governing Council shall adjust in its operation and in the arrangements of its agreements as laid down in this Statute and in Chapter II of Title II of Law 30/1992.

Section 3. The Delegate Commission

Article 10. Creation and attributions.

The Governing Council may create a Commission Delegated with the composition and functions that it determines, within the scope of its own, as provided for in Law 66/1997 and in this Statute.

Section 4. The Management of Management

Article 11. Holder.

The Management of Management, to be undertaken by the Director-General of Security Administration, is the executive body of the GISE.

Article 12. Competencies.

Corresponds to the Management of Management:

(a) Represent in an ordinary manner to the GISE in all acts and contracts to be held, as well as before the Courts and Public Administrations, without prejudice to the powers of the Governing Council and its President.

b) Attend the President in the surveillance and enforcement of the Statute.

c) Develop and execute approved plans.

d) Execute the agreements of the Rector Council and, if applicable, the Delegate Commission.

e) Attend meetings of the Rector Board and the Delegate Committee, if any.

f) To study, for its elevation to the Governing Council, the project of organization and structure of the GISE, as well as the corresponding relations of jobs.

g) Directing and coordinating the various services and units of Management.

(h) Negotiate with public and private entities the signing of agreements and contracts and propose, where appropriate, to the Governing Council the resolution to be taken.

i) Order GISE's expenses and payments and make any collection of charges whatever the amount.

j) Develop the annual activity memory of the GISE, as well as propose to the Governing Council the preliminary draft budget.

k) Formulate and raise annual accounts for approval to the Governing Council.

Article 13. Organic structure, legal advice and intervention.

1. The Management of Management is structured in a General Secretariat with an organic level of Subdirección General, which is subdivided into two areas: one of Interior and other of Management.

2. The functions of legal advice and intervention of the actions of the GISE will be assumed by the organs that perform these functions in the Ministry of the Interior, with the functions normatively foreseen.

Article 14. Powers of the General Secretariat.

1. The General Secretariat is responsible for:

a) Administer the staff and the internal GISE regime.

b) Perform economic and administrative management and financial management.

c) Manage the acquisition of movable property under Law 13/1995.

d) Develop the preliminary draft budgets.

e) To process files related to acquisitions, enajenations, and real estate swaps.

f) Develop the annual accounts of the GISE.

g) Develop actions and démarches in heritage and urban areas related to the buildings entrusted to the GISE.

h) Contribute with their reports and actions to the elaboration and realization of the State security infrastructure plans.

i) Make the updated physical and legal identification of the real estate and manage the valuation of the real estate by the specialized agencies.

j) Elaborate the specifications for acquisitions, enajenations, and other real estate operations.

k) Formulate proposals for GISE action.

l) Develop and keep updated the inventory of goods and rights of the GISE.

2. The functions described in paragraphs (a), (b), (c), (d), (e) and (f) shall correspond to the Area of the Internal Regime and referred to in paragraphs (g), (h), (i), (j), (k) and (l) shall be performed by the Management Area.

CHAPTER III

GISE performance

Section 1. General Real Estate Endisposal Regime

Article 15. General faculties.

With the particularities laid down in this Statute, the disposal and permuse procedures and the bodies authorised to agree to them in accordance with the procedure and the amount shall be as laid down in Articles 61, 62, 63 and 71 of the Law of State Heritage, corresponding to the Minister of the Interior the powers that these articles attribute to the Minister of Economy and Finance.

Article 16. Disaffection and statement of alienation.

1. On the proposal of the Secretary of State for Security, the Minister of the Interior is responsible for the disaffection and the declaration of the alienation of the real estate of the GISE and also of those of the State Heritage affected to the services of the security of the State, making them available to the GISE to carry out the onerous disposal of some and other goods, with the exception of the transfers to which the planning legislation is required, after communication provided for in Article 18.

2. However, the disaffection and the declaration of alienation and making available to the GISE, the Forces and the State Security Corps will be able to continue in the buildings for the indispensable time to the material delivery of the goods to their In this case, it is in this case in charge of the budgets of the Directorates-General concerned, the maintenance costs and other current expenditure incurred in connection with the use of the buildings.

Article 17. Expert appraisals.

1. Before proceeding to the disposal of any immovable property, it will be essential to carry out an expert assessment either by the technical services of the GISE or by the Ministry of Economy and Finance or by external services. specialized.

2. The valuation shall be made with reference to market values and in accordance with the usual criteria.

Article 18. Communication and option.

All the activities to be carried out will be communicated in advance to the Ministry of Economy and Finance, which will be able to choose to maintain the assets in the State Heritage to affect any other service of the Administration. This option must be notified to the GISE within two months of the communication referred to, in the sense that the failure to respond is in a favourable sense.

Article 19. Legal status of buildings.

Before the expert assessment is carried out for the disposal, the physical and legal purification of the buildings will be carried out, with their dislinde being practiced if necessary and by registering or updating their registration in the Registration of the Property and resolving possible rights of reversal and other legal situations that condition the effective availability of the goods.

Article 20. Competent bodies.

In the terms determined by the State Heritage Law, the authorization to dispose of real estate will be the responsibility of the Council of Ministers or the Minister of the Interior. with respect to the Minister for Economic Affairs and Finance.

Article 21. Deferred payment.

1. Where the amount exceeds 20 million pesetas, the body authorising the disposal may also authorise the deferred payment for a total period not exceeding four years. The deferred payments, which will bear the market interest, will preferably be guaranteed with bank guarantee of financial institution established in Spain, registered in the Register of Avales and intervened by public fedatary according to the rules in force, at the expense of the successful tenderer, who must be unconditional and fully, fully and immediately available to the GISE, without any excuse or legal reservation of any kind and which will last until the full payment of the price has occurred. In any case, the first term shall be effective at the signature of the writing and shall not be less than 25 per 100 of the total.

No warranty will be required on the deferred payment when the obligated is another public administration.

2. The non-payment of the first term or any subsequent payment shall authorise the GISE for the seizure of the provisional guarantee which has been provided and for the execution of the guarantee, as well as for the termination of the contract.

3. If cash offers are made and in instalments, they shall be deemed to be the highest bidder for cash payments, provided that their amount is not less than 1 per 100 to which the position offered by the legal interest is to be capitalised to the legal interest rate. deferred payment.

Section 2. Inreal Estate Procedures

Article 22. Shapes.

Real estate disposal shall normally be carried out by the public auction procedure, except where the direct disposal proceeds in accordance with the provisions of this Statute.

Article 23. General rules for auctions.

1. The Governing Board of the GISE shall approve the specifications of the auctions in which the object of the auctions will necessarily be identified, the auction class and the tender type shall be indicated and the requirements to be determined shall be determined. to bring together the tenderers and the documents to be submitted, the guarantees to be lodged, the place and time limit for the submission of tenders and all the provisions relating to the opening of tenders and the award of tenders.

2. Tenderers shall give evidence to the Bureau of their personality, capacity and representation by means of the documents which, for these purposes, are to be determined in the specifications and to provide an affidavit that they are not none of the prohibitions contained in Article 20 of Law 13/1995. They shall also be subject to the current tax and social security obligations under the terms laid down in the legislation in force.

3. For the award of the auction there will be a Bureau with functions of assistance to the Board of Directors of the GISE, whose composition will be the following: the President, who will be the General Secretary of the Management; two Vocals appointed by the Directorate General of the Police and the Civil Guard, respectively; two other Vocals representing the State Advocate and the Delegate Intervention, respectively, and the Secretary, who will be an official of the Management appointed by his Director.

4. The auction will be announced in the "Official State Gazette" and in two large circulation newspapers. The notices shall indicate at least the kind of auction, the place, date and time of the holding of the auction, the goods being auctioned, the type of tender and the provisional bail to be entered. The cost of the notices shall be on behalf of the successful tenderer.

5. In order to be able to take part in the auction, it will be necessary to accredit to the Bureau, by means of the corresponding safeguard, the entry into the official account of the GISE, authorized by the Directorate General of the Treasury and Financial Policy, of a 20 per 100 of the the price of the output fixed in the form of interim bail.

6. After the deadline for the submission of documents referred to in paragraph 1 of this Article, and before the date indicated for the conclusion of the auction, the Bureau shall be constituted to qualify the supporting documents of the personality and representation of the tenderers, in order to verify that they have lodged the provisional guarantee required by the relevant documents and that they comply with the other requirements laid down by Law 13/1995 of 18 May 1995 on the Public Administrations.

If material defects are observed in the submitted documentation, the Bureau shall grant a period of not more than three working days for the tenderer to fail.

7. The award shall be made within the maximum period of one month from the day following that of the conclusion of the auction.

In the absence of the award agreement within the period specified in the preceding paragraph, the tenderers shall be entitled to withdraw their proposals and to be returned to the guarantees they have provided.

8. The Governing Council shall accommodate the proposal made by the Bureau, except where it has been carried out in breach of the legal order, in which case the call shall be without effect. It is excepted that the infringement, in the event that the auction is on the increase, will affect only the tenderer in whose favour the proposal is made, in which the award must be made to the next bidder not affected by the violation.

If the auction is down, the call will have no effect, and a new auction of this class can be called under the same conditions as the original.

Prior to the resolution to be adopted, the report of the State Advocate will be necessary.

9. The successful tenderer determined at the auction shall enter the official account of the GISE, authorized by the Directorate-General of the Treasury and Financial Policy, within 15 working days from the date of notification of the the award resolution, in addition to the costs of the procedure, the amount of the auction or the first time limit and the guarantee to guarantee the deferred payment, as well as to justify the payment or exemption, where appropriate, of the corresponding taxes.

10. In the event that the successful tenderer does not enter, within the period prescribed in the previous paragraph, the costs or the quantity for which he was awarded the good or does not present a guarantee or does not justify the payment or exemption of the corresponding taxes, (a) it shall automatically lapse in its right and the loss of the security shall be agreed upon, as well as the compensation to the GISE for any damages it may have caused to it.

11. 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 in granting the deed will imply the decay of his right and the eventual loss of the bond, without prejudice to the compensation to the GISE of the possible bankruptcy produces the ineffectiveness of the award.

12. The original successful tenderer, if the auction is on the increase, shall be awarded the right to the following or following items in the order of their respective proposals before a new call is issued, provided they cover the original type or, in their case, reduced. For these purposes, the provisional guarantees provided by the tenderers shall be retained until the sale is concluded.

In the same case, if the auction is down, a new auction can be held under the same conditions as the original.

Article 24. Particular rules for the auction to the upside.

1. It will serve as a type for the auction of the valuation carried out by the technical services of the GISE or by the Ministry of Economy and Finance or by external specialized services. In no case shall positions below the type be accepted.

2. At the same time as the administrative and the single-term documentation, but separately, the tenderers shall submit in writing, in the case of closed, lacquered and sealed, the economic tender for which they tender which may relate to the first or the second auction referred to in paragraph 4 of this article, without the above reference to be made more reference than merely to contain the economic proposition.

3. Once the documents have been qualified in time and form, the Bureau will proceed in public to the opening of the accepted bids and to the proposal to award the good to the bidder offering the highest price, taking into account whether its offer is for payment. on the spot or deferred, in accordance with the provisions of the third paragraph of Article 21.

The proposal does not create any right in favour of the tenderer until the good has been awarded to it by agreement of the GISE Governing Council.

4. In the event that no tenderers are present for this first auction or their positions are declared inadmissible, the possibility of holding a second auction with a reduction of the rate of up to 10% may be provided for in the specification. 100.

Article 25. Particular rules for the auction to the downside.

1. This type of auction shall be carried out when the Governing Council of the GISE so agrees, taking into account the nature, status, value, destination or other relevant circumstances of the good to be used or when appropriate for the market or other situation. reasons for which, in the judgment of the Governing Council, such an auction is advisable.

2. The rate of exit shall be fixed by the Governing Board and shall not be less than the value determined by the assessment and shall not exceed 200 per 100 of the price.

3. Tenders under 90 per 100 of the minimum price or value of the valuation fixed shall not be permitted and, if by mistake they shall be announced, shall in no case be accepted and shall be null and void for all purposes.

4. The auction will be held in the following terms:

(a) At the time indicated for the auction, the President of the Bureau will declare it open by communicating it to the public and will announce aloud the price of the fixed output and the value of the valuation. Subsequently, the President or the Secretary shall announce in a degressive order from the price of the exit rate, the admissible positions, with intervals of:

1. º 20 million pesetas when the price of output exceeds 2 billion pesetas and up to 2 billion pesetas.

2. 10 million pesetas, from 2 billion to 1 billion pesetas.

3. 5 million pesetas, from 1 billion to 100 million pesetas.

4. 1 million pesetas, 100 million pesetas below.

b) The tenderer who wants to kill will raise an arm, stopping the bid in the price announced immediately before his action. The Secretary, then, will publicly announce the price reached and will invite the bidder to appear before the Bureau to identify and verify that he has met the requirements required to attend. If all this is done, the final price reached and the provisional successful tenderer will be publicly announced, giving, with the President's approval, the conclusion of this phase of the auction. In another case, the President shall give order to resume the auction at the point where it has been suspended until a new successful tenderer emerges or is interrupted and declared to be deserted for having reached the value of assessment.

If more than one bidder has raised the arm simultaneously or if there is no undoubted way of establishing the precedence, the parties concerned shall be invited to appear before the Bureau and to identify and verify that they have complied with the requirements to be met. With those who prove these ends properly, a partial bid will be made to the increase and the one who offers the highest price will be declared provisional adjudicator, proceeding then, as in the general case, to announce publicly the price reached and the provisional successful tenderer.

(c) The proposal does not create any right in favour of the tenderer as long as he has not been awarded the good by agreement of the GISE Governing Council.

Article 26. Execution of auctions by specialised companies.

1. The material execution of the sale by auction of the goods may also be carried out by companies or professionals when agreed by the Governing Council of the GISE.

2. The auctions shall be applicable in such cases with the following particularities:

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

(b) The auction shall be chaired by the President of the Bureau referred to in Article 23 (3) and shall decide on any incidents which may arise in the course of the invitation to tender.

3. For the purposes of the above paragraphs, the Governing Council of the GISE may authorise the conclusion of contracts with natural and legal persons specialised in the material execution of auctions.

The contracts to be concluded shall determine the conditions of the economic consideration to be awarded by the company or specialized professional as a result of the performance of their services.

Article 27. Direct disposal.

1. The direct disposal of immovable property shall be carried out in the following cases:

(a) Where there is a concurrency of urban interests between the parties or in the case of permuse or in the cases where the right of preferential acquisition is legally provided.

(b) In the case of paragraph (a) of Article 117 of the Regulation for the implementation of the State Heritage Act.

(c) Where, in the case of upward auctions, the auction is declared to be deserted or, where appropriate, the second auction called for the effect or is a failed result of the failure to comply with its obligations by the the successful tenderer, provided that there are no other tenderers covering the type, in which case it may be directly disposed of with a reduction of the rate of up to 20 per 100.

Likewise, and with this reduction, when dealing with low auctions has been declared deserted or failed as a result of the infringement of the legal order or the failure to comply with the obligations of the the successful tenderer, in the terms of Article 23 (8) and (12), and, in the latter cases, no decision has been taken to hold a new auction on the downside.

(d) Where, for duly justified exceptional reasons, it is more appropriate for the heritage interests and the purposes of GISE.

2. In terms determined by the State Heritage Law, the authorization for the direct disposal of immovable property shall be the responsibility of the Council of Ministers or the Minister of the Interior, with the latter being understood to be the powers that the with respect to the Minister for Economic Affairs and Finance.

3. The selling price shall be equal to or greater than that of the price of the good for sale, without prejudice to paragraph 1 (c) of this Article.

4. If the disposal is agreed, the Director of the GISE shall inform the acquirer so that, within the maximum period of ten working days, he shall make the entry of 25 per 100 of the fixed price, in terms of security. The revenue will be carried out on the official GISE account, authorized by the Directorate General of the Treasury and Financial Policy.

5. Within 30 working days, from the day following the notification of the award decision, the public deed shall be granted. The acquirer must submit, in advance to the firm, the representative of the GISE to the income of the rest of the price in the official account of the agency, authorized by the Directorate General of the Treasury and Financial Policy, and, if necessary, of the the time limit for the deferred payment and the payment or exemption from the taxes.

6. Failure by the successful tenderer to fulfil his obligations to secure, pay and present, where appropriate, the guarantee in form, or to be in the ordinary of his tax and social security obligations or to attend to the granting of the deed, will automatically imply the decay of its right and the loss of the security, without prejudice to the compensation to the GISE of the possible bankruptcy that will produce the ineffectiveness of the award.

7. The rules relating to the auction shall also apply to direct disposal, except in so far as it is exclusively applicable to that form of award.

Section 3

Article 28. Legal regime.

1. The buildings placed at the disposal of the GISE may be permuted by others terminated, terminated or constructed by the Autonomous Communities, local corporations, other entities or private individuals when it is of interest to the GISE. State security service.

In any case, the difference in value, according to the expert appraisals, of the goods to be permuted shall not exceed 50 per 100 of the one with the greatest.

2. In the case of real estate swap to terminate or build, the following rules will be considered:

1.^a The GISE will not deliver the promised properties in the permuse or transmit the domain until the properties are available for receipt.

2.^a The goods to be received by the GISE in the permuse shall be defined, valued and assessed in the detail necessary and sufficient for their complete determination.

In no case can it be understood that there is execution or construction order. The goods to be received by the GISE in the permuse shall be produced or obtained, and shall be at risk and shall be exclusive to those who must deliver them up to the time of their receipt of conformity. Once received in accordance, the GISE will deliver the goods it promised in permuse and will charge or pay in money the difference in value between the goods permuted.

3.^a When the permutants are public entities, the full availability of the financing shall be credited in accordance with the provisions of Article 70 of Law 13/1995.

4.^a Guarantees shall be established in favour of the GISE consisting of, on the one hand, bank guarantees, with the conditions set out above for deferred payments covering at least 25 per 100 and, at most, the whole of the value of the buildings to be received by the same, and of another, in clause in favour of the GISE, by virtue of which it will execute and will charge the aforementioned guarantee given by the other party and will be released from the obligation to deliver the real estate promised in permuse, if the ones he had to receive do not meet the physical, technical, economic and other defined in the contract.

Section 4. Building Real Estate

Article 29. Applicable rules.

When GISE has to act as a contracting authority for the purposes of building buildings, it will adjust its performance to the provisions of Law 13/1995.

Article 30. Collaboration conventions.

Co-financing and/or collaboration agreements may be concluded with the Autonomous Communities, local corporations and other public and private entities in accordance with the legislation in force in this area for each of them.

In the construction contracts whose financing is to be made with contributions from different sources, the full availability of all of them and the order of their credit, including a guarantee for their effectiveness.

GISE may request assistance and technical advice from any specialized organs of the General Administration of the State for the best compliance with these conventions.

Section 5. Acquisition of Real Estate

Article 31. Particular rules.

1. The acquisition of real estate will take place through public competition. However, the Minister of the Interior may authorise direct acquisition where he considers it necessary or appropriate for the circumstances, the peculiarities of the need to satisfy or the urgency of the acquisition to be sought. perform.

2. The acquisition of real estate for consideration or free of charge will require the prior favorable report of the Ministry of Economy and Finance in accordance with Article 48.1 of Law 6/1997. The report shall be notified to the GISE within two months of its request, with a view to the acquisition of a failure to respond.

Section 6. Urban Conventions

Article 32. Legal regime.

According to the applicable urban regulations, for the best performance of the functions corresponding to the GISE, urban agreements with Autonomous Communities, local corporations or entities may be concluded. These may relate to their own needs, which are to be met by the preparation and approval of the appropriate planning planning or the legal actions necessary for the implementation of the planning. approved.

CHAPTER IV

GISE staff

Article 33. Legal regime.

The staff at the GISE service will be official or work on the same terms as those established for the General Administration of the State.

Article 34. Posting of posts.

All jobs may be performed interchangeably by personnel of the State Security Forces and Corps and other Corps of the General Administration of the State.

Article 35. Remuneration scheme.

The remuneration of officials and staff at the service of the GISE shall be governed by the general rules applicable to the General Administration of the State, with the peculiarities, where appropriate, of the arrangements for which they are of the State Security Forces and Corps, and will be concretized in the corresponding catalogues and relationship of jobs.

CHAPTER V

GISE Financial Economic Regime

Section 1. Contracting and sorting of expenses and payments

Article 36. Recruitment.

The procurement of the body shall be governed by the general rules for the procurement of public administrations, without prejudice to the provisions of this Statute.

The signing of the contracts will be the responsibility of the Director of Management, prior to the authorizations.

Article 37. Ordering of expenses and payments.

The Director of Management shall order expenses and payments in accordance with the provisions of this Statute.

Section 2

Article 38. Heritage and economic resources.

For the purposes of compliance, the GISE shall have the following resources:

(a) The solar and real estate currently affected by the security of the State that once disaffected are placed at their disposal or those that are assigned to it.

b) The derivatives of the operations that you perform in the development and fulfillment of the functions attributed to you.

(c) The allocations that are annually entered in their favour in the General Budget of the State or assigned to them by other public bodies.

(d) Voluntary contributions from private entities and any other resources that may be attributed to them.

Article 39. Deferral of payments and charges.

The GISE Governing Board may authorize deferred payments on acquisitions, in accordance with the provisions of the recast text of the General Budget Law, and the charges deferred in the cases in which it proceeds.

Article 40. Inventory.

The GISE will form and keep up to date its inventory of goods and rights, with the exception of those of a fungible character. The inventory will be reviewed annually with reference to December 31 and will be submitted for approval by the Rector Board, referring by the Management Board to the Ministry of Economy and Finance once it has been approved.

In order to facilitate the permanent updating and management of the General Inventory of Goods and Rights of the State, the Management Board will inform the Ministry of Economy and Finance of the operations actually carried out, sending the copy of the corresponding title to the effect.

The GISE will also provide the Ministry with the additional information required for this purpose.

Section 3. Budget and Control Regime

Article 41. Budgets and control.

1. The budgetary, economic, financial, accounting, intervention and financial control arrangements of the GISE will be the one established in the recast text of the General Budget Law, without prejudice to the specialties contained in the Law. 66/1997 and in this Statute.

2. Without prejudice to the audit powers conferred on the Court of Auditors by its Organic Law and the other laws governing its powers, the GISE shall be subject to control by the General Administration of the State, in the form provided for in the recast text of the General Budget Law for autonomous bodies.

3. The GISE shall also be subject to effective control by the Ministry of the Interior, which shall aim at verifying the extent to which its objectives are met and the proper use of the resources allocated, without prejudice to the powers corresponding to the General Intervention of the State Administration in these matters.