Law 24/1998, of July 13, of the Universal Postal Service and of the Liberalization of Postal Services, has established a new legal system for postal activity. This Law, which has been incorporated in Directive 97 /67/EC, of the European Parliament and of the Council of 15 December, entails the repeal of the previous legal regime dispersed in a large number of provisions, in order to focus on the regulation of the so-called universal postal service and its provision, in the guarantee of the right to postal communications of all citizens and companies, and in the recognition of the field of the postal sector that is liberalised, with the determination of the rules to allow competition in an open market for free competition.

Within this new regime, Article 38 of the aforementioned Law has created the Postal Advisory Council as the government's top advisory body on postal services and in which public administrations will participate. the provider of the universal postal service, the users, the business associations of the sector and the most representative trade unions of the workers.

The tasks of the Postal Advisory Board are determined in a generic manner by Article 38 (2), by attributing to it the functions of studies, deliberation and proposal in matters relating to the services postal services, which shall be exercised on their own initiative or at the request of the Government. However, this generic attribution, the same Law 24/1998, has expressly entrusted to the Postal Advisory Board the function of a mandatory report in the event of modification of the delimitation of the universal postal service, in function of the evolution (a) technological, market-based demand for services, user needs or social policy considerations, in accordance with the limits laid down in Community legislation which is applicable, as set out in Article 15 (6); the case of an amendment to the amount of the fees provided for in this Law, as set out in the Article 38.2, and in the elaboration of the Universal Postal Service Delivery Plan, as determined by the final provision of the Law.

Finally, this Royal Decree is intended to regulate the composition and functioning of the Postal Advisory Council in accordance with the provisions of Article 38 (3) of the Law.

In its virtue, on the proposal of the Minister of Public Works, with the approval of the Minister of Public Administration, in agreement with the Council of State and after deliberation of the Council of Ministers at its meeting on 11 December 1998,

DISPONGO:

CHAPTER I

General provisions

Article 1. The Postal Advisory Board.

1. The Postal Advisory Council, created by Article 38 of Law 24/1998, of July 13, of the Universal Postal Service and the Liberalization of Postal Services, is the government's top advisory body on postal services.

2. It is attached, without prejudice to its functional independence, to the Ministry of Public Works, through the General Secretariat of Communications.

Article 2. Functions.

These are the functions of the Postal Advisory Board:

(a) Propose to the Government how many measures it deems appropriate in the field of postal services.

b) Inform the normative development projects of Law 24/1998, of July 13, of the Universal Postal Service and of the Liberalization of the Postal Services and, in particular, the projects of Royal Decree in which the delimitation of the universal postal service.

c) Report on the projects to modify the amount of regulated fees in Law 24/1998, of July 13, of the Universal Postal Service and of the Liberalization of Postal Services.

d) Report the Universal Postal Service's Delivery Plan, which refers to the final provision of the Law 24/1998, of July 13, of the Universal Postal Service and of the Liberalization of Postal Services.

e) Report on how many issues in postal services the Government or the Minister of Public Works will submit to you for consultation.

f) Any other function which, in postal matters, gives you the regulations in force.

CHAPTER II

Composition

Article 3. Members of the Council.

The Advisory Board is constituted by the President, the Vice-Presidents, the Vocals and the Secretary.

It will be President of the Advisory Council the Minister of Development who will be able to delegate to the Vice-President first.

First Vice-President, the Secretary-General of Communications and Vice-President, second, a Deputy Director-General of the General Secretariat of Communications appointed by the President of the Council.

Article 4. Vocals.

Will be Vowels of the Postal Advisory Board:

1. Representing the General Administration of the State, appointed by the President of the Council and on a proposal from the holders of the respective Departments, with a category, at least, of Subdirector-General, or equivalent charge:

(a) Three representatives of the Ministry of Public Works, of which one will necessarily correspond to the General Secretariat of Communications.

(b) A representative of the Ministry of Economy and Finance or of Autonomous Bodies, business public entities or public companies of the dependents.

c) A representative of the Ministry of the Presidency.

d) A representative of the Ministry of Foreign Affairs.

e) A representative of the Ministry of Justice.

f) A representative of the Ministry of Defense.

g) A representative of the Ministry of the Interior.

h) A representative of the Ministry of Public Administration.

i) A representative of the Ministry of Health and Consumer Affairs.

2. On behalf of the Autonomous and Local Administrations, they shall be appointed by the President of the Council:

(a) A representative of the Autonomous Communities, proposed by the Autonomous Communities.

b) A representative of the local entities, elected by the state-wide association with the highest implementation, and proposed by the Minister of Public Administration.

3. By the operator designated to provide the universal postal service: two representatives of the operator entrusted with the provision of the universal postal service, appointed by the President of the Council on a proposal from the latter.

4. For the business associations of the postal sector: four representatives of postal service providers, appointed by the President of the Council, on a proposal from the business associations of the sector.

5. For the most representative trade unions of workers in the sector: two representatives of the trade union organisations, appointed by the President of the Council, on the proposal of the most representative trade unions at the State level, in the sector of postal services.

6. For users:

(a) A representative of the consumer and user associations, appointed by the President of the Council, on a proposal from the Consumers and Users Council.

(b) A representative of the associations of large users of postal services, appointed by the President of the Council, on a proposal from them.

7. Up to a maximum of three Vocals, appointed by the President of the Council, among persons of recognized prestige in the postal services sector.

Article 5. Council Secretariat.

1. There will be a Secretariat of the Advisory Council as a permanent assistance and support body. Its holder shall be appointed by the President of the Council among officials with the rank of Head of Area or higher attached to the General Secretariat of Communications.

2. The Secretary shall be responsible, inter alia, for the organisation of the technical and administrative support services to the Council's bodies and for the convening, at the request of the President, of his meetings and to draw up the minutes thereof.

The Secretary shall implement the arrangements of the Advisory Board's bodies, manage the Council's internal regime, manage the register, file and documentation, collect and prepare studies or reports to facilitate the taking of decisions by the Council and shall exercise any other precise function for the normal development of the ordinary tasks of the body.

3. The Secretary, who, for all intents and purposes, is a member of the Advisory Board, will assist in a voice and vote in plenary and in the Standing Committee.

Article 6. Alternates.

The President of the Advisory Board may designate, by the same procedure as the holders, alternates of the Secretary and the Vocals, who will have their own functions and must meet their same demands in terms of rank administrative.

Article 7. Participation in the Council and advice.

Members of the Council shall have a voice and vote at all meetings of the Council in which they participate and may be accompanied by an Advisor, with a voice but without a vote.

Article 8. Cese.

1. The Vowels will cease for any of the following causes:

a) Renunciation.

b) Stop the requirements that have been determined for the designation.

(c) By decision of the President of the Council, upon request of the person who has proposed his appointment.

2. In the event of the cessation of any of the Vocals referred to in Article 4 (1), a new proposal shall be made to the President of the Council for the purpose of their appointment by the President of the Council.

CHAPTER III

Operation

Article 9. Plenum, Permanent Commission and Ponies.

The Postal Advisory Board will work in plenary, the Permanent Commission and the Ponences.

Without prejudice to the provisions of Law 24/1998, of July 13, of the Universal Postal Service and of the Liberalization of Postal Services, and in this Royal Decree, the Advisory Board shall be governed by the provisions of the Chapter II of Title II of Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure.

Article 10. The plenary session.

The President, the Vice-Presidents, the Vocals and the Secretary will be invited to the plenary session of the Advisory Council.

The Council Plenary will meet once a semester in ordinary session and, in an extraordinary session, by a decision of the President or when it is decided by half plus one of its members.

In case of vacancy, absence, illness, or where appropriate for another legal cause, the President shall be replaced by the First Vice-President and, failing that, by the Vice-President.

In the event of a tie in the votes, the President will have a vote.

Article 11. The Standing Committee.

1. The Standing Committee is composed of the first Vice-President of the Council, acting as President, and the second Vice-President of the Council, acting as Vice-President, two Vocals referred to in Article 4 (1) and (4) and one of each of the items listed in the other paragraphs, as well as the Secretary of the Advisory Board acting as Secretary.

2. The Members referred to in Article 4 (1) and (7) shall be appointed by the President of the Council. The components of the remaining groups of Vocal Vocals will choose, from among its members, the Vocal or Vocals to represent them.

3. In case of vacancy, absence, illness, or where appropriate for another legal cause, the Chair of the Standing Committee shall be replaced by the Vice Chair of the Standing Committee.

In the event of a tie in the votes, the President of the Commission shall have a vote.

4. They shall be the functions of the Standing Committee.

(a) Raise the plenary, with its opinion, the studies and reports of the Ponences, as well as the proposals for agreements that it considers necessary.

b) Report on the projects provided for in Article 2.1.b) and c) of this Regulation, unless the President expressly decides to submit them to the plenary.

c) To inform the Universal Postal Service's Delivery Plan, which refers to the second provision of Law 24/1998, of July 13, of the Universal Postal Service and of the Liberalization of Postal Services.

(d) Those functions which the President of the Council may agree to delegate to him or the President of the Council.

Article 12. Papers.

1. The President of the Council may set up specialised papers of a temporary nature for the study of specific cases.

These papers, which shall be considered by the Postal Advisory Board, shall be chaired by one of the members of the Council, appointed by its President, and composed of persons who decide on the plenary session, may be assisted by others in the field of postal services or experts in matters which are the subject of a study by the paper designated by its President.

2. The reports or proposals produced by the papers will not be binding and will be raised to the Permanent Commission, which will be able to return them for a new study.

3. The President of the Council may describe as a matter of urgency the matter submitted to the study of the presentation, in which case the composition of the paper may be determined by the Standing Committee and the reports and proposals for agreement which it may draw up may be raised. directly to the Council's plenary session.

Final disposition first. No increase in public expenditure.

The organization and functioning of the Postal Advisory Board will not increase public spending.

Final disposition second. Authorisation to the Minister for Development.

The Minister of Public Works is authorised, after a report of the Postal Advisory Council, to make as many provisions as are necessary for the development of this Royal Decree, and, in particular, to dictate the Rules of Procedure and internal arrangements of the Postal Advisory Board.

Final disposition third. Entry into force.

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

Given in Madrid on 11 December 1998.

JOHN CARLOS R.

The Minister of Development,

RAFAEL ARIAS-SALGADO MONTALVO