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Royal Decree 2045 / 1994, 14 October, Which Establishes The Basic Organizational Structure Of The Ministry Of Culture.

Original Language Title: Real Decreto 2045/1994, de 14 de octubre, por el que se establece la estructura orgánica básica del Ministerio de Cultura.

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TEXT

Royal Decree 585/1985, of April 24, establishes the organic structure of the Ministry of Culture and its autonomous organizations.

The accumulated experience in the development of the functions attributed to the General Direction of Fine Arts and Archives and the General Directorate of the Book and Libraries, since the entry into force of the aforementioned standard, advises To frame the management of the state archives in the executive center mentioned last, while the General Direction of Fine Arts now goes on to call itself of Fine Arts and of Conservation and Restoration of Cultural Property.

On the other hand, the present Royal Decree recast the existing rules that configure the organic structure of the Ministry of Culture, without increasing public expenditure, thus fulfilling the mandate established in the provision Royal Decree 1816/1993, first transitional of 18 October.

In its virtue, at the initiative of the Minister of Culture, at the proposal of the Minister for Public Administrations and after deliberation of the Council of Ministers at its meeting on October 14, 1994,

DISPONGO:

Article 1. General organization of the Department.

One. The Ministry of Culture, under the top leadership of the Department's head, develops the functions that legally correspond to him through the higher organ and the following management centers:

a) Deputy Secretary of Culture.

b) Technical General Secretariat.

c) General Services Directorate.

d) General Directorate of Fine Arts and Conservation and Restoration of Cultural Property.

e) General Direction of the Book, Archives and Libraries.

f) Directorate-General for Cultural Cooperation.

Two. As an immediate assistance body to the Minister there is a Cabinet, according to what is determined in Royal Decree 3775/1982, of 22 December, the holder of which will have the rank of Director General.

Three. The Minister also depends on the following autonomous bodies:

a) Instituto Nacional de las Artes Scenarios y de la Música.

b) Institute of Cinematography and Audiovisual Arts.

c) National Prado Museum.

d) Museo Nacional Centro de Arte Reina Sofía.

e) National Library.

Article 2. Subsecretariat.

One. The Sub-Secretary of Culture is the top organ of the Department to which the exercise of the powers referred to in Article 15 of the Law of Legal Regime of the Administration of the Government under the authority of the Minister corresponds. State, as well as the direction, impetus and supervision of the management centres and units directly dependent on it.

Two. In addition to the powers announced in the previous paragraph, the Secretariat is to be assigned, in so far as they are not unconcentrated in other departments of the Department, the following functions, corresponding to the different areas of services common:

1. The programming, direction and coordination of sectoral studies, reports and analyses in the field of cultural policies, in order to detect the needs and social demands and to allow the proposal and formulation of the objectives and plans of departmental action.

2. The determination of the structure of the programmes and sub-programmes in which the activity of the Department is carried out, the preparation of the annual preliminary draft budgets and their processing, monitoring and implementation of the budget appropriations and the processing of their amendments.

3. The study of the different organizational elements of the Department and the direction and realization of the organizational projects of ministerial level.

4. The development and implementation of the Department's IT plan, the management of the technical infrastructure and the communications required by the various management centres and units of the department, as well as technical assistance and advice in information technology.

5. The drafting and processing of draft general provisions, permanent legal advice to those responsible for administrative management, the formulation of proposals for the resolution of administrative appeals against the acts and provisions of the Department, as well as the relations with the courts.

6. The coordination of the Department's peripheral services, institutional relations with the other organizations of the General Administration of the State and other Public Administrations and the relations with the different social agents.

7. The management and administration of the human resources of the Department, the elaboration of the relations of jobs and the annual plan of employment, the preparation and processing of the selective processes for the coverage of the jobs, the training of staff, trade union relations, social action and prevention, hygiene and safety at work.

8. Wealth management, recruitment, technical and maintenance services, the library and publications, the internal regime, the register and general archives within the Department.

9. Economic and financial management.

10. The organisation of the internal control actions of the Department's activity, promoting financial, management and procedural audits to assess the performance, effectiveness and performance of staff and services of the Ministry, without prejudice to the activities carried out in these matters by the General Intervention of the State Administration, in accordance with the current regulations.

Three. In so far as the Common Services listed in the previous paragraph are attributed to other autonomous bodies or bodies of the Department, the Secretariat shall be responsible for coordinating, at the departmental level, such services. Services.

Four. The following management centres depend on the Ministry of Culture:

a) The Services Directorate General.

(b) The Technical General Secretariat.

Five. The following units are also directly dependent on the Sub-Secretariat with the organic level of Subdirectorate General:

1. The Technical Cabinet, as a permanent support organ for the Assistant Secretary.

2. The General Inspection of Services, to which the exercise of the following functions corresponds:

(a) The inspection of the centres and agencies dependent or attached to the Department, as well as the control and evaluation of the operation and effectiveness of the Services.

b) Coordination with the General Inspection of Public Administration Services.

c) The preparation of proposals and reports on authorization or recognition of compatibilities.

3. The Budget Office, which is responsible for the implementation of the tasks referred to in Royal Decree 2855/1979 of 21 December 1979 establishing the budgetary offices and in particular:

(a) The elaboration and processing of the preliminary draft budget of the Department and the coordination of the budgetary proposals of its autonomous bodies, as well as the management of budgetary changes.

b) Budget monitoring, financial reporting and the development of the cost analysis of the Department's management.

4. The Delegated Intervention, without prejudice to its functional dependence on the General Intervention of the State Administration, with the functions assigned to it by the regulations in force.

5. The Legal Service, which shall carry out its duties with the character and form provided for in the regulatory rules of the State Legal Service.

Article 3. Directorate General for Services.

One. It is for the General Directorate of Services to develop the following functions:

(a) The administrative and remuneration management of staff assigned to the Department and the Corps and Escalations attached thereto, in so far as they point out the provisions in force in the field of public and regime functions Remuneration.

b) The elaboration of the preliminary draft offer of employment.

c) The programming and development of the Department's social action and prevention measures, as well as the negotiation and implementation of the Collective Agreements.

d) The formulation of the economic criteria of the Ministry's investment plans, as well as the monitoring of the projects of works, hiring, inspecting and proposing the final reception of the same, in compliance with these plans. plans.

e) The management, coordination and management of the department's real estate, maintaining the necessary coordination with the General Directorate of the State Heritage.

(f) The internal arrangements of the General Services of the Ministry and, in particular, the management of the General Register and the central printing and reprographic services.

g) Material enablement, purchases, and supplies.

h) The formation and updating of the department's asset inventory.

i) The elaboration of the proposals for the resolution of the administrative resources to be brought against acts emanating from the authorities of the Department.

j) The knowledge of matters of a general or undetermined nature not attributed to other management centres or units of the Secretariat.

k) The development and implementation of the Department's IT plans, in collaboration with its different units; the design, programming, implementation and maintenance of IT applications, the management of the Data processing and technical assistance to users of distributed office and computer resources.

l) The elaboration and proposal of the instructions for the regularization and reform of the organization and operation of the activities of the Department.

Two. The following units with the organic level of Subdirectorate General are dependent on the General Services Directorate:

(a) The General Staff, which is responsible for the execution of the functions assigned to the management centre in paragraph 1 (f), (g), (h), (i) and (j) of this Article.

(b) The General Staff Subdirectorate, which is responsible for the execution of the functions assigned to the management centre in paragraph 1 (a), (b) and (c) of this Article.

(c) The Subdirectorate-General for Investments and Works, which is responsible for the execution of the functions attributed to the management centre in paragraph 1 (d) and (e) of this Article.

(d) The Subdirectorate-General of Informatics and Organization, which is responsible for the execution of the functions attributed to the management centre in paragraph 1 (k) and (l) of this Article.

Three. It is also attributed to the Directorate General of Services the coordination of the peripheral centers of the Department, in those aspects related to the competence of this management center. Such coordination shall be carried out through the Subdirectorates-General dependent on it, on the basis of the specific subject matter attributed to each of them.

Four. The Center for Bibliographic and Documentary Studies, as a center of training and improvement of the personnel assigned to the areas of archives and libraries, will depend on the General Directorate of Services, through the Subdirección General de Personal. Its organic level, structure and functions will be determined in the development measures of this Royal Decree.

Article 4. Technical General Secretariat.

One. The Technical General Secretariat is the executive centre to which it is responsible to carry out the tasks set out in Article 19 of the Law on the Legal Regime of the State Administration, and in particular the following:

(a) The elaboration and processing of general provisions in the department's own matters.

b) The proposal of the actions to be carried out in relation to the regulations enacted by the Autonomous Communities and their follow-up.

c) The recasting, revision and compilation of the rules on matters of the Ministry's competence.

(d) The study and report of the subjects to be submitted to the deliberations of the Council of Ministers or of the General Commission of Secretaries of State and Undersecretaries.

e) Administrative information and institutional relations of a general nature.

f) The development of the functions of the Department regarding the collective management entities of intellectual property rights.

g) Promote the communication of the Department with the professional and industrial sectors of production and dissemination of the works of creation, propose appropriate measures for the defense and protection of intellectual property in Spain and to exercise the functions that correspond to the Department in the matter of the registration of intellectual property.

h) To provide the technical assistance required by the Spanish participation to the international intellectual property bodies.

i) The elaboration of studies, reports and analyses on the subjects affecting the Department, as well as the coordination and impetus of the Ministry's statistics, without prejudice to the competencies of the National Institute of Statistics.

j) The organization of the Documentation Service, the Central Archive and the Library of the Department, as well as the development of the functions of the management center in the field of publications.

Two. In addition to the above functions, it will provide the necessary assistance for the exercise of the functions of protectorate on the private cultural functions of state competence.

Three. The following units depend on the Technical General Secretariat with the organic level of Subdirection General:

(a) Technical General Secretariat, which shall be assisted by the Technical Secretary-General in the performance of his duties and the implementation of the tasks assigned to the management centre in paragraph 1 (a), (b), (c), (d) and (e) of this Regulation. Article.

(b) General Subdirectorate of Intellectual Property, which corresponds to the execution of the functions attributed to the management center in section uno.f), g) and h), of this article.

(c) Subdirectorate-General for Studies, Documentation and Publications, which is responsible for the execution of the functions assigned to the management centre in paragraph 1 (i) and (j) of this Article.

Article 5. General Direction of Fine Arts and Conservation and Restoration of Cultural Property.

One. It is up to the Directorate General of Fine Arts and Conservation and Restoration of Cultural Property to develop the following functions:

(a) The formation of the Register of Goods of Cultural Interest and the General Inventory of Furniture.

b) The proposed acquisition of Spanish Historical Heritage assets and of the measures to be taken in the face of the illicit export and export of the same.

c) The elaboration of the regulations affecting the competencies of the management center in coordination with the Technical General Secretariat of the Department.

d) Coordination with the units of the Department involved in the management of Spanish Historical Heritage assets, as well as with the State's peripheral administration and, where appropriate, with the other public administrations.

e) The care, provision, installation, promotion and management of national museums, and the care, provision, installation, promotion and advice of State museums that are not of a national nature, without prejudice to management agreed or that the Autonomous Communities may agree on the latter.

f) The elaboration and implementation of plans for the conservation and restoration of monuments, historical sets and archaeological heritage, as well as cooperation with other public administrations and public entities private for the development of such plans and their follow-up.

g) The elaboration and implementation of plans for the conservation and restoration of artistic objects and the funds that constitute the documentary and bibliographic heritage, as well as cooperation with other administrations public or private entities for the development of such plans and their monitoring.

h) The archiving and systematization of the work done and the documentation available on historical heritage; research and study on updated criteria, methods and techniques for the conservation and restoration of the Also, the training of technicians and specialists in the conservation and restoration of the real estate and furniture members of this heritage.

Two. The following units with organic level of General Subdirectorate General depend on the General Direction of Fine Arts and Conservation and Restoration of Cultural Property:

(a) The General Subdirectorate for the Protection of the Historical Heritage, which corresponds to the execution of the functions attributed to the management centre in paragraph 1 (a), (b), (c) and (d) of this Article.

(b) The Subdirectorate-General of the State Museums, which is responsible for the execution of the function attributed to the management centre in paragraph 1 (e) of this Article.

(c) The General Subdirectorate of Monuments and Archaeology, which corresponds to the execution of the function attributed to the management center in paragraph uno.f), of this article.

(d) The General Subdirectorate of Furniture, which is responsible for the execution of the functions attributed to the management centre in paragraph 1 (g) of this Article.

e) The Subdirectorate-General for Information and Research in Conservation and Restoration Techniques, which corresponds to the execution of the function attributed to the management center in section uno.h), of this article.

Three. The Subdirectorates-General of Monuments and Archaeology, of Furniture and Information and Research in Conservation and Restoration Techniques are functionally grouped under the official name of the Institute of Conservation and Restoration of Cultural Goods.

Four. 1. It is up to the Directorate General of Fine Arts and Conservation and Restoration of Cultural Property the National Exhibition Center, with the organic level, structure and functions to be determined in the measures of development of the present Real Decree.

2. It is attached to the Directorate General of Fine Arts and Conservation and Restoration of Cultural Property the interministerial consultative body called the Board of Qualification, Valuation and Export of Property of the Spanish Historical Heritage.

Article 6. General Direction of the Book, Archives and Libraries.

One. It corresponds to the General Direction of the Book, Files and Libraries the development of the following functions:

(a) The elaboration of programmes and concerted plans for the constitution and promotion of libraries, through the provision of technical services and advice on library matters.

b) The creation, provision and promotion of libraries of State ownership, without prejudice to the management of the same ones, or that could be agreed with the Autonomous Communities.

c) The design and development of library utilization campaigns.

d) The collection, exploitation and use of statistical data from libraries.

e) Librarian assistance to special sectors of the population that cannot use the usual services of public libraries.

f) The promotion of reading through campaigns to promote the reading.

g) The promotion of the book by means of support for the edition and participation in national and international fairs and exhibitions.

h) The study and proposal of actions in relation to the publishing industry and the book in general.

i) The promotion and support of literary creation and translation, through the convocation and award of scholarships, prizes and any other type of stimulus.

j) The national and international promotion and dissemination of the Spanish letters.

k) The care, provision, installation, promotion and management of national archives and state archives which are not of a national nature, without prejudice to the management agreed or which may be agreed with the Communities Autonomous with regard to the latter.

Two. Depending on the General Direction of the Book, Files and Libraries the following units with organic level of Subdirection General:

(a) The General Sub-Directorate for Librarian Coordination, which is responsible for the execution of the functions assigned to the management centre in paragraph 1 (a), (b), (c), (d) and (e) of this Article.

(b) The General Subdirectorate of the Book and the Reading, which corresponds to the execution of the functions attributed to the management centre in paragraph 1 (f), (g) and (h) of this Article.

(c) The Subdirectorate General of the Spanish Letters, which corresponds to the execution of the functions attributed to the management centre in paragraph 1 (i) and (j) of this Article.

(d) The General Subdirectorate of the State Archives, which corresponds to the execution of the functions attributed to the management center in paragraph uno.k), of this article.

Three. They depend on the General Directorate of the Book, Archives and Libraries the General Historical Archives (National Archive, File of Simancas, Archive of the Indies and Archive of the Crown of Aragon) and the General Archive of the Administration and the Center of Documentary Information of Archives. These centers are organized organically in the General Subdirection of the State Archives and their organic level, structure and functions will be determined in the measures of development of this Royal Decree.

Article 7. Directorate-General for Cultural Cooperation.

One. The Directorate-General for Cultural Cooperation is responsible for the development of the following functions:

(a) Cooperation with the cultural action of the Autonomous Communities and facilitate cultural communication among them according to them.

b) The preparation and implementation of cultural action programmes in collaboration with public or private entities or persons.

c) The elaboration and development of the direct cultural action of the Ministry which is general in nature or which does not correspond to specific competencies of the other Directorates-General or autonomous agencies of the Department.

d) Participation in the preparation of bilateral or multilateral treaties, conventions and programmes aimed at promoting international cultural exchanges.

e) The advice on Spanish participation in international organizations in the cultural field.

f) Support, promotion and cooperation in the performance of activities aimed at the external projection of Spanish culture, as well as providing assistance in the dissemination of Spanish languages.

Functions (d), (e) and (f) shall be performed in collaboration with the Ministry of Foreign Affairs and Foreign Diplomatic Missions.

Two. The following units with an organic level of Subdirectorate General are dependent on the Directorate-General for Cultural Cooperation: (a) The Subdirectorate-General for Cultural Cooperation, which is responsible for the execution of the functions assigned to the Centre (b) and (c) of this Article.

(b) The Subdirectorate-General for International Cooperation, which is responsible for the execution of the functions assigned to the management centre in paragraph 1 (d), (e) and (f) of this Article.

Single additional disposition. Removal of organs.

The following organs are deleted:

a) With General Address range:

1. General Direction of Fine Arts and Archives.

2. General Directorate of the Book and Libraries.

b) With General Subdirection range:

1. Address of State Archives.

2. Address of the State Museums.

3. Department of Monuments and Archaeology.

4. Furniture Departments.

5. Department of Information and Research.

6. Library Coordination Centre.

7. Center of the Book and Reading.

8. Centre of the Spanish Letters.

Single transient arrangement. Posts of lower level to General Subdirectorate.

The units and jobs with lower organic level to the General Subdirectorate will continue to remain and will be paid from the same budget appropriations, until the Commission's Executive Committee Interministerial of Retributions is made from office to the adaptation of the current relation of jobs to the organic structure established in this Royal Decree.

Single repeal provision. Repeal of rules.

Articles 1 to 7, inclusive, of Royal Decree 565/1985 of 24 April; Royal Decrees 84/1989 of 7 July and 1816/1993 of 18 October, and all provisions of equal or lower rank, are hereby repealed. to the provisions of this Royal Decree.

Final disposition first. Budgetary changes.

The Ministry of Economy and Finance will make the necessary budgetary changes for the implementation of the provisions of this Royal Decree.

Final disposition second. Provisions for development.

The Minister of Culture is empowered, after the appropriate legal procedures have been completed, to dictate the provisions for the development of the provisions of this Royal Decree.

The allocation or modification, where appropriate, of an organic level to the posts that are integrated by the centres or units referred to in Article 3 (4); in point (1) of Article 5 (4) and in Article 6 (3); (a) to be carried out in the corresponding employment relations which will be approved in accordance with the rules in force, without the modification of the employment relationship leading to an increase in public expenditure.

Final disposition third. Entry into force.

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

Given in Madrid on October 14, 1994.

JOHN CARLOS R.

The Minister for Public Administrations,

JERÓNIMO SAAVEDRA ACEVEDO