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Royal Decree 2615 / 1996, Of 20 December, Organizational Structure And Functions Of The Tourism Institute Of Spain.

Original Language Title: Real Decreto 2615/1996, de 20 de diciembre, de estructura orgánica y funciones del Instituto de Turismo de España.

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Royal Decree 765/1996 of 7 May, which established the basic organic structure of the Ministry of Economy and Finance, determined in the final provision third that the Government, in use of the authorization conferred by the Article 76 of Law No 42/1994 of 30 December 1994 on fiscal, administrative and social measures, shall abolish or amend the autonomous bodies whose functions may be conferred on the organs of the General Administration of the State or other Entities. The same Royal Decree, in its unique additional provision, established that the Secretary of State for Trade and Tourism and Small and Medium-sized Enterprises would assume the Presidency of the Institute of Tourism of Spain.

Subsequently, Royal Decree 1376/1996, of 7 June, restructured the Institute of Tourism of Spain, recasting the Directorates General of Tourism Strategy, and of Tourism Promotion, in a single Directorate General of the Instituto de Turismo de España.

Finally, Royal Decree 1884/1996 of 2 August, which completed the basic organic structure of the Ministry of Economy and Finance, through the Secretariat of State of Trade, Tourism and Small and Medium-sized Enterprises, established the functions and structure of the Directorate-General for Tourism, and also abolished the units performing these functions at the Institute of Tourism of Spain.

This Royal Decree, in fulfilling the ratings and forecasts to which reference has been made, completes the restructuring of the Institute of Tourism of Spain (TURESPANA), following the same criteria of rationality, efficiency and decrease in public expenditure to those applied when establishing the organic structure of the Ministry of Economy and Finance.

The Institute of Tourism of Spain will attend, in the field of the competences of the General Administration of the State, to the realization of all kinds of actions directed to the promotion of the Spanish tourism in the exterior as well as to the management and exploitation of singular tourist establishments, corresponding to specific attributions regarding the state society "Paradores de Turismo de España, Sociedad Anonima", an important factor in the expansion of the tourist image of Spain, in accordance with the provisions of Article 81 of Law 4/1990 of 29 June.

In its virtue, on a joint proposal of the Ministers of Public and Economic Affairs and Finance, and after deliberation by the Council of Ministers at its meeting on 20 December 1996,

D I S P O N G O:

Article 1. Nature and legal status.

1. The Institute of Tourism of Spain is a self-governing body of commercial character, comprised in article 4.1 (b) of the recast text of the General Budget Law, attached to the Ministry of Economy and Finance, through the Secretariat of State Trade, Tourism and Small and Medium-sized Enterprises.

2. The Institute of Tourism of Spain has legal personality and capacity to act for the fulfillment of its purposes, and is governed by the law of the Legal Regime of the Autonomous State Entities, in the recast text of the General Law Budget. In Law 4/1990 of 29 June 1990, the General Budget of the State for 1990; Law 42/1994 of 30 December 1994 on fiscal, administrative and social measures and the other implementing provisions for the autonomous bodies of the General Administration of the State.

3. It is up to the Minister of Economy and Finance, through the Secretary of State for Trade, Tourism and Small and Medium-sized Enterprises, in addition to the legally attributed powers, the control of the effectiveness of the same, according to the regulations in force.

Article 2. Finances and Functions.

1. It is for the Spanish Tourism Institute, within the competence of the General Administration of the State, the following functions:

(a) The planning, development and implementation of actions for the promotion of Spanish tourism in international markets; support for the marketing of Spanish tourist products abroad and collaboration with Autonomous Communities, local authorities and private sector in programs to promote and market their products abroad.

b) The management and exploitation, which has been entrusted, of tourist establishments, and in particular of the Palacios de Congresos de Madrid and of Congresses and Expositions of the Costa del Sol (Torremolinos), as well as investments which correspond to the assets of his or her own assets or which are assigned or in those goods the use of which has been granted by other public bodies or bodies; in particular it is within its competence to set the strategy and the planning of the action of "Paradores de Turismo de España, Sociedad Anonima", and the effective control of the same company, provided for in Article 81. Article 5 of Law 4/1990 of 29 June 1990, without prejudice to the powers conferred on the General Directorate of the State's Heritage in Chapter V of Title II of the Law on State Heritage.

2. In order to achieve its objectives, the Spanish Tourism Institute may promote and participate directly or indirectly in companies in the constitution or already constituted, the social objective of which is linked to its aims and objectives.

Article 3. Governing body.

1. The President of the Spanish Tourism Institute is the Secretary of State for Trade, Tourism and Small and Medium-sized Enterprises.

2. Corresponds to the President:

a) The high direction and representation of the organism.

b) The approval of the general action plans of the same, as well as of the preliminary draft budget and the management memory of the Institute.

c) Recruitment on behalf of the Institute.

d) The provision of expenses and order of payments.

e) The management of the staff and the control of the operational management and the annual objectives of the Institute.

f) Approve the strategy and the planning and exercise the effectiveness control indicated in article 2.1.b) of this Royal Decree, with respect to the state company "Paradores de Turismo de España, Sociedad Anonima".

3. There shall be a First Vice-President, who shall be the Director-General of the Institute and a Second Vice-President, who shall be the Director-General of Tourism, who shall, on a temporary basis, supply the President, in the case of vacancy, absence or disease.

4. The President of the Institute may delegate to the Vice-President, second, the responsibility for the management and operation of tourist establishments, those for the provision of expenditure and the management of payments in respect of the investments to be made to the a body in such establishments, as well as those referred to in paragraph 2 (f) of this Article.

Article 4. Directorate-General of the Spanish Tourism Institute.

1. The Director-General of the Institute is appointed and separated by the Council of Ministers, on a proposal from the Minister for Economic Affairs and Finance and at the initiative of the President of the Institute.

2. The following functions are assigned to the Directorate-General of the Institute:

(a) The formulation, coordination, development and implementation of tourism promotion activities plans and plans to support the marketing of Spanish tourism products to be carried out on the markets The Committee of the European Commission has been responsible for the implementation of the programme for the development of the European Community's activities in the field of tourism, and in particular the coordination and management control of the operational plans and activities of the Spanish offices.

b) The establishment of information plans on Spanish tourism products that will provide an adequate knowledge of Spanish tourism products to foreign companies and consumers, as well as the design of strategies for dissemination of the Spanish tourist product in the international media.

c) The management and control of the human and economic resources of the Institute, and the actions necessary for the implementation of economic, contractual, computer and administrative actions, as well as the management of character assets or investments.

3. The Directorate General of the Spanish Tourism Institute is structured in the following units with an organic level of Subdirección General:

a) Subdirección General de Marketing Exterior del Turismo y de Oficas Españolas de Turismo.

b) General Media Subdirectorate for Tourism Promotion.

c) General Administration of Economic and Administrative Management.

4. It is for the General Subdirectorate for the External Marketing of Tourism and Spanish Tourism Offices to exercise the powers and activities necessary for the performance of the functions referred to in paragraph 2.a) of this same Article.

5. It is for the General Subdirectorate of Media for Tourism Promotion to exercise the powers and activities necessary for the performance of the functions referred to in paragraph 2.b) of this Article.

6. It is for the General Economic and Administrative Management Subdirectorate to exercise the powers and activities necessary for the performance of the tasks referred to in paragraph 2 (c) of this Article.

Article 5. Spanish Tourist Offices abroad.

1. The Spanish Tourist Offices are services of the General Administration of the State on the outside that are functionally dependent, through the Director General of the agency, of the President of the Institute of Tourism of Spain, without prejudice to its the Head of the Diplomatic Mission concerned for the purposes of the coordination which, for the effective implementation of the principle of unity of action abroad, provides for Article 26.2 of Royal Decree 632/1987 of 8 May 1987 on organization of the State Administration abroad.

2. It is up to the Spanish Tourism Offices to implement plans for the promotion of Spanish tourism and support for the marketing of Spanish tourism products in international markets, as well as the development of collaboration with Autonomous Communities, local authorities and private sector. It is also up to them to keep data on the tourist markets of the countries allocated up to date.

3. When the Spanish Tourist Offices are part of the Diplomatic Mission, as a Sectoral Counselor or Attaché, or the corresponding Consular Office, the Directors and Directors Adtogether of the same will be accredited as members of the diplomatic personnel or as consular officers. In these cases, his appointment will be the responsibility of the Ministry of Foreign Affairs, on a proposal from the Ministry of Economy and Finance.

Article 6. Patrimonial regime.

1. In order to fulfill its purpose, the Institute may have, in addition to its own patrimony other than that of the State, the one formed by the goods and rights assigned to it by the General Administration of the State or transferred to it by other public bodies or bodies.

With respect to your own property, you may acquire, for consideration or free of charge, own or lease goods and rights of any kind, with the requirements set forth in the applicable legislation.

2. The subscription and dispossession of the property of the State patrimony will be agreed upon by the Ministry of Economy and Finance on a proposal from the Secretariat of State for Trade, Tourism and Small and Medium-sized Enterprises, retaining those their original legal status and must be used exclusively for the fulfilment of the purposes of determining the subscription, without being incorporated into the body's own assets, which it shall exercise in respect of such assets; as of the own, how many rights and prerogatives concerning the public domain are legally established in order to preserve, correct administration and legal defense.

To these effects, they form part of the patrimony attached to the Institute of Tourism of Spain the assets of the State patrimony in which they develop their business activity the state society " Paradores de Turismo de España, Sociedad Anonymous " and have been made available by the Institute of Tourism of Spain.

3. The Spanish Tourism Institute will keep up to date the General Inventory of Goods and Rights of the State, with the exception of those of a fungible character. The inventory shall be rectified, if appropriate, annually, with reference to 31 December. The updated inventory and subsequent modifications will be sent to the General Directorate of the State Heritage, for the purposes of its annotation in the General Inventory of Goods and Rights of the State.

Article 7. Goods and economic resources.

The Spanish Tourism Institute's economic assets and means will be as follows:

(a) The appropriations which are entered in their favour in the General Budget of the State.

(b) Goods and rights which constitute their assets and the products and income thereof and property which they have attached to, or whose administration and exploitation is attributed to them. For these purposes, the Institute of Tourism of Spain is attributed and entrusts the use and eventual marketing of the marks of which the State is the holder for the promotion and dissemination of Spanish tourism.

(c) The income of public or private law that it is entitled to receive and those that arise as a result of its management and operating activities or the provision of its services.

(d) Grants, voluntary contributions or donations that are granted or awarded to other public entities and bodies or private persons.

e) Any other economic resources, ordinary or extraordinary, that can be attributed to it.

Additional disposition first. Removal of organs.

The following organs are deleted:

a) Subdirectorate General of Foreign Promotion of Tourism.

b) Subdirectorate General of Foreign Marketing of Tourism.

c) Subdirección General de Relaciones con las Oficinas Espanolas de Turismo.

(d) General Economic and Administrative Subdirectorate.

Additional provision second. Subrogation in goods, rights and obligations.

1. The General Administration of the State shall be subrogated in the ownership of the corresponding goods, rights and obligations of the Institute of Tourism of Spain due to the functions of the Institute of Tourism that have been assigned to the Ministry of Economy and Hacienda, through the Secretariat of State of Trade, Tourism and Small and Medium-sized Enterprises, under Royal Decree 1884/1996, of 2 August, of basic organic structure of said Ministry, being integrated such goods in the State patrimony to be affected to the Ministry of Economy and Finance, and corresponding to that Ministry, through the Secretariat of State of Trade, Tourism and Small and Medium-sized Enterprises, the exercise of subrogated rights and the fulfillment of the obligations assumed, and integrating the resources of that agency into the Public Treasury.

2. Formalized these subrogations, within two months, the Directorate General of Tourism and the Institute of Tourism of Spain will develop a complete inventory of the goods that integrate, respectively, the patrimony affected, or the own and attached which, approved by the Secretariat of State for Trade, Tourism and Small and Medium-sized Enterprises, will be sent to the competent body of the Ministry of Economy and Finance, for the purpose of updating the General Inventory of Goods and Rights of the State.

Single transient arrangement. Units and jobs with an organic level lower than Subdirección General.

The units and jobs with lower organic level to the general sub-directorate will continue to remain and will be paid from the same budgetary appropriations until the relations of posts of adapted to the organic structure of this Royal Decree. Such adaptation may in no case lead to an increase in public expenditure.

The units and posts of work in the organs suppressed by this Royal Decree will be assigned, provisionally, by Resolution of the President of the agency, until the new relationship of posts between in force to the bodies governed by this Royal Decree, in accordance with the powers assigned to them.

Single repeal provision. Regulatory repeal.

The provisions of the same or lower rank are repealed in that they object to the provisions of this Royal Decree and in particular Royal Decree 1693/1994 of 22 July of the organization of the tourist administration of the State.

Final disposition first. Powers of development.

The Minister of Economy and Finance is hereby authorized to take the necessary measures for the development and execution of this Royal Decree, as well as, where appropriate, to vary, subject to the appropriate legal procedures. the abbreviated name of the Institute, TURESPANA, and to register the new name as a trade mark.

Final disposition second. Budgetary changes.

The Ministry of Economy and Finance will carry out the necessary budgetary changes for the fulfillment of the provisions of this Royal Decree.

Final disposition third. 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 December 20, 1996.

JOHN CARLOS R.

The First Vice President of the Government

and Minister of the Presidency,

FRANCISCO ALVEZ-HELMETS FERNANDEZ