Article 15 of Royal Decree-Law 18/1976 of 8 October, of Economic Planning, established the creation of the Institute of Small and Medium-sized Enterprises as an autonomous body attached to the Ministry of Industry and Energy.

In Royal Decree 765/1996 of 7 May, establishing the basic organic structure of the Ministries of Economy and Finance, the Interior and the Presidency, the Government announces its intention to restructure the Autonomous bodies dependent on ministerial departments.

In agreement with the interior, the Royal Decree 1376/1996 of 7 June, for which the Ministry of Economy and Finance is attached to the Institute of Small and Medium-sized Industrial Enterprise, establishes that membership through the Secretary of State for Trade, Tourism and Small and Medium-sized Enterprises.

Subsequently, the Royal Decree 1884/1996, of 2 August, of basic organic structure of the Ministry of Economy and Finance, in its article 20 lists the functions that the General Directorate of Policy of the Small and Medium Enterprise.

The final provision of Royal Decree 1884/1996, of 2 August, of basic organic structure of the Ministry of Economy and Finance, establishes that it will enter into force on 2 September 1996, with the exception of its article 20, which will do so once the Institute of Small and Medium-sized Industrial Enterprises is abolished, within the time limit laid down in the single additional provision of Royal Decree 1376/1996, pursuant to Article 76 of Law 42/1994 of 30 December 1994, authorizes the Government to abolish autonomous bodies.

The aforementioned legal regulations make it necessary to establish the subrogation of the goods, rights and obligations of the Institute of Small and Medium-sized Industrial Enterprise, as well as the change of ownership of the public participations that the The Agency holds in some public and private public and private companies.

Therefore, it is necessary to complete the institutional management of the management centre of the General Administration of the State to develop the policy of support for small and medium-sized enterprises, and, in this regard, It is urgent to abolish the Institute of Small and Medium-sized Enterprises in order to enable small and medium-sized enterprises to be eligible, as soon as possible, for support resulting from the tasks assigned to the Directorate-General for Small and Medium Enterprise Policy, which currently does not have the autonomous body.

This measure is also justified by the need to remove any uncertainty that could affect public and private institutions, which are related to the companies involved in the Institute of Small and Mediana Industrial Enterprise, as well as the beneficiaries of the aid currently managed cofinanced by the European Union through the recently approved operational programme in Brussels. In its virtue, on a joint proposal of the Second Vice President of the Government and Minister of Economy and Finance and the Minister of Public Administrations, in agreement with the Ministry of Industry and Energy, and after deliberation by the Council of Ministers at its meeting on 5 December 1996,

D I S P O N G O:

Single item. Abolition of the Institute of Small and Medium-sized Enterprises.

1. The Institute of Small and Medium-sized Industrial Enterprise (IMPI), established by Royal Decree-Law 18/1976 of 8 October, of Economic Management, as an autonomous body attached to the Ministry of Industry, is deleted and Royal Decree 1376/1996, of 7 June, is attached to the Ministry of Economy and Finance, through the Secretariat of State of Trade, Tourism and Small and Medium-sized Enterprises.

2. Of the competencies that the Institute of Small and Medium Industrial Enterprise has developed, they will be assumed by the General Direction of Policy of Small and Medium Enterprises those that are included in the article 20 of the Royal Decree 1884/1996, of 2 August.

3. The competences in industrial design and industrial technological innovation, as well as actions for the participation of small and medium-sized industrial enterprises in the European Union's R & D framework programme, will be carried out by the Ministry of Education. The Ministry of Industry and Energy, through the Ministry's management centres, are responsible for these matters.

4. The resources, buildings, other assets and rights of the Institute of Small and Medium-sized Industrial Enterprises are integrated and incorporated, according to their nature, into the Public Treasury and the State Heritage, subrogating the General Administration of the State in the exercise and assumption of the rights and obligations of those who are still and in progress.

5. The shares of the participating companies whose ownership corresponds to the Institute of Small and Medium-sized Industrial Enterprises pass to the State through the General Directorate of the State Heritage, which will exercise the rights that correspond to it. as a direct participant of the above mentioned companies, with the same legal status, conditions and requirements corresponding to the Institute of Small and Medium-sized Industrial Enterprises at the time of their acquisition.

Additional disposition first. Removal of organs.

The following organs were deleted, integrating the structure of the Institute of Small and Medium-sized Industrial Enterprise:

1. With rank of Directorate General: Directorate General of the Institute.

2. With organic level of General Subdirection:

(a) General Secretariat.

(b) General Subdirectorate for Financing and Investments.

c) Subdirectorate General for Business Assistance and Training.

d) General Subdirection of Promotion and Collective Actions.

e) Cabinet for Studies and Information Center.

Additional provision second. Litigation in the courts.

The General Administration of the State, through the General Directorate of the State Heritage, as regards the shares of the participating companies, shall be subrogated in the procedural position of the Institute of Small and Median Industrial Company in all processes in which the same is a party, whatever the court order before whom they are and the state in which they are located.

Additional provision third. Participating companies.

The shares in the "Company Española de Reafienitre, Sociedad Ancionima"; "Axis participaciones Empresales, Sociedad Anonymous"; "Sociedad Estatal para el Desarrollo del Deseño Industrial, Sociedad Anonima", y " Empresa National of Innovation, Sociedad Anonima ", which pass to the State under the sole article, paragraph 5, of this Royal Decree, will have the character of permanent, without prejudice to the General Direction of the State Heritage disinvestment based on the fulfilment of the purpose for which they were constituted.

The General Directorate of the State Heritage will continue the process of disinvestment initiated in relation to the rest of the participations in companies or entities, mercantiles or not, given the transitional regime that characterizes them.

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 The Commission has already taken the view that the Commission has not been able to take the necessary measures to ensure that the aid is not compatible with the Treaty.

The units and posts in the organs deleted by this Royal Decree will be assigned, provisionally, by the Assistant Secretary, to the Directorate General for Small and Medium-sized Enterprises, up to the the new relationship of jobs in force.

Single repeal provision. Regulatory repeal.

1. The following provisions are expressly repealed:

(a) Royal Decree 1114/1978 of 2 May, approving the Organic Regulation of the Institute of Small and Medium-sized Industrial Enterprises.

b) Royal Decree 2684/1980 of 7 November amending the Organic Regulation of the Institute of Small and Medium-sized Enterprises.

(c) Royal Decree 3435/1981 of 18 December 1981 amending the Organic Regulation of the Institute of Small and Medium-sized Enterprises.

2. All provisions of the same or lower rank shall be repealed as opposed to the provisions of this Royal Decree.

Final disposition first. Powers of development.

The Minister of Economy and Finance is hereby authorized to take the necessary measures for the development and implementation of this Royal Decree, after the appropriate legal procedures have been completed.

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 to 5 December 1996.

JOHN CARLOS R.

The First Vice President of the Government

and Minister of the Presidency,

FRANCISCO ALVEZ-HELMETS FERNANDEZ