Article 81 of Law 4/1990, of 29 June, of the General Budget of the State for 1990, reorganized the Spanish Tourism Administration, establishing the basic rules governing the functions of the Tourism Institute Spain and the state company Paradores de Turismo de España. Article 102 of Law 31/1990 of 27 December 1991 on the General Budget of the State for 1991 continued the reorganization of the Official School of Tourism by transforming into public law and determining its legal status.

Law 31/1991, of 30 December, of the General Budget of the State for 1992, authorizes the Government, in the final provision, sixth, to give the necessary rules for the organization and operation of TURESPANA and for which, where appropriate, complies with those standards and the regulations of the Official School of Tourism, to the maintenance of the General Secretariat of Tourism as a body of the Administration which holds the ownership of the State's powers in matters of tourism, with the corresponding redistribution of competencies and functions.

Royal Decree 1173/1993 of 13 July, restructuring of ministerial departments, created the Ministry of Trade and Tourism by entrusting it, in tourism, with the functions previously attributed to the Ministry of Commerce Industry, Commerce and Tourism through the General Secretariat of Tourism.

Royal Decree 1289/1993, of July 30, establishing the organic structure of the Ministry of Commerce and Tourism, determines that .

On the other hand, the constant development of tourism in the world, the changes that continuously experience, the tourist currents and the recent evolution of tourism and the Spanish economy demand that the organic structure and the functions of the tourist services of the State are permanently adapted to the new needs of the market and they are oriented, primarily, to the maintenance and competitiveness of a field, as is the tourism, of fundamental importance in the Spanish economy.

Consequently, the fundamental lines of the organic and functional structure established by this Royal Decree consist, in synthesis, in attributing to the General Secretariat of Tourism, under the superior authority of the Minister of Trade and Tourism, the functions of defining a national strategy in the field of tourism, in coordination with the Autonomous Communities and local authorities, and the Autonomous Agency Institute of Tourism of Spain, the functions of collaboration in the design and development of the contents of such a strategy, which correspond to the administration General of the State.

The new organic structure of the State's tourism administration, in relation to the current one, implies, exclusively, the creation of a General Subdirectorate that is compensated, in the economic aspect, with the abolition of the General Secretariat for Technical Coordination and of trade bodies and institutions of the Directorate-General for Internal Trade, the depreciation of a number of jobs in other management centres of the Department and the reallocation of In order to fully respect the government's guidelines for containment of public expenditure.

It is clear, finally, that the feasibility and effectiveness of the definition of a comprehensive national tourism policy and its implementing instruments require, as already indicated, active cooperation and cooperation. with the Autonomous Communities, without prejudice, of course, of their powers in the field, as well as other bodies of the General Administration of the State, local authorities and the tourism sector itself. This line places the necessary strengthening and dynamicization of the Tourism Sectoral Conference, as well as the action, in the field of the General Administration of the State, of the Inter-Ministerial Committee of Tourism, created by virtue of the Decree 6/1994 of 14 January.

In its virtue, at the initiative of the Minister of Commerce and Tourism, at the proposal of the Minister for Public Administrations and after deliberation of the Council of Ministers at its meeting of July 22, 1994,

D I S P O N G O:

Article 1. Development of tourist functions and performances.

The functions and actions in the field of tourism, within the competence of the General Administration of the State, will be developed, under the superior authority of the Minister of Commerce and Tourism, by the General Secretariat of Tourism and the Autonomous Agency of Tourism of Spain.

Chapter I

General Secretariat of Tourism Article 2. Functions.

The General Secretariat of Tourism is the top organ of the Ministry of Commerce and Tourism to which the following functions correspond:

a) Define, propose, promote and, without prejudice to the competences of the Inter-Ministerial Committee of Tourism, coordinate the tourism policy of the Government.

b) Deciding the guidelines for the implementation and development of the Government's tourism policy on the external promotion of tourism and those of collaboration and cooperation with the Autonomous Communities, local authorities and tourism sector in In order to design and plan strategies for the maintenance and improvement of competitiveness and technological development and the promotion and development of the national tourism sector in a balanced, comprehensive and quality manner.

c) To point out the general criteria and direct the exercise of national and international institutional tourism relations, which are the responsibility of the General Administration of the State, with supranational organizations, international, public or private, in coordination, where appropriate, with the Ministry of Foreign Affairs.

(d) The management of the tasks assigned to the Ministry of Commerce and Tourism by the legal system in relation to the Official School of Tourism, as well as, in relation to that entity, the management of the levy on the issue of the title of Technical Business and Tourism Activities.

e) Define the strategies, plans and budgets of the Institute of Tourism of Spain.

f) The evaluation and quality control of the State Tourism Administration.

Article 3. General organization.

1. It is integrated in the General Secretariat of Tourism, with organic level of General Subdirection, the Technical Cabinet.

2. It is attached to the Department, through the General Secretariat of Tourism, the autonomous agency, commercial character, Instituto de Turismo de España.

Article 4. Technical Cabinet.

It is within its competence to provide immediate and permanent assistance and support to the Secretary-General for Tourism in the exercise of the functions referred to in Article 2 above.

Chapter II

The Institute of Tourism of Spain

Article 5. Nature, classification and legal status.

1. The Institute of Tourism of Spain is an autonomous agency dependent on the General Administration of the State, of a commercial character, within the meaning of Article 4 (1) (b) of the recast text of the General Budget Law, attached to the Ministry of Commerce and Tourism, through the General Secretariat of Tourism.

2. The Institute of Tourism of Spain, which has legal personality and capacity to act for the fulfillment of its purposes, is governed by the Law of Legal Regime of the Autonomous State Entities, in the recast text of the Law General Budget, in Law No 30/1992 of 26 November 1992, of the Legal System of Public Administrations and of the Common Administrative Procedure, in the other provisions of application to the autonomous bodies of the administration of the State, in Law 4/1990, of 29 June, of the General Budget of the State for 1990, with the redistribution of powers and functions established in this Royal Decree, and in the rules that develop it.

3. It is up to the Minister of Commerce and Tourism, in addition to the legally attributed powers, to control the effectiveness of the same, in accordance with the current regulations.

Article 6. Purpose and functions.

1. They correspond to the Institute of Tourism of Spain, in the field of the competencies of the General Administration of the State, the following functions:

(a) The carrying out of analyses and studies, and the collection of data, documents and statistics of the tourism sector in order to contribute to the more effective performance of the functions than to the General Administration of the State In this sector, as well as the diagnosis and assessment of market or other economic aspects or factors, for the design of strategies of the national tourism sector as a whole to keep it adapted to the requirements of the market, with particular attention to the improvement of the competitiveness and technological development of the enterprises tourism and development, in a balanced and quality way, of tourism products and services. To this end, it can promote and develop, in accordance with the guidelines set out by the Secretary-General for Tourism, plans and programmes for the promotion of the sector, directly and/or in collaboration and cooperation with the Autonomous Communities, local authorities or business sectors, as appropriate.

b) The immediate exercise of the relations, in tourism, with the different Public Administrations, promoting the coordination and collaboration between them, as well as the immediate relationship with the Agencies International tourism and the exercise of international tourism cooperation, which are the responsibility of the General Administration of the State.

c) Planning and promotion of Spanish tourism, as well as the coordination and development of its external promotion, heard and with the cooperation, if appropriate, of the Autonomous Communities, of the marketing of tourism products The Spanish tourist offer abroad, as an integral part of the characteristics, peculiarities and interests of the Autonomous Communities, is presented abroad and the internationalization of Spanish tourist companies.

d) The establishment of guidelines and the determination of the objectives of the Official Tourism School and, without prejudice to other competences, the effectiveness control provided for in Article 88.2 of the recast of the Law General Budget.

e) The management and operation, which it has entrusted, of tourist establishments, as well as to make the investments that correspond to the goods of its own patrimony, assigned or in those whose use has been given by others In particular, it is within its competence to set the strategy and planning of the action of Paradores de Turismo, S.A., and the control of the effectiveness of the same company, provided for in Article 81 of Law 4/1990, of 29 June, without prejudice to the powers conferred on the General Directorate of the State in Chapter V of Title II of the State Heritage Act.

f) All other tourism activities that correspond to the General Administration of the State are not expressly attributed by the legal system to the General Secretariat of Tourism or to the Official School of Tourism.

2. To meet its objectives, the Institute of Tourism of Spain may promote the formation of companies, whose purposes coincide with those that are their own, corresponding to the ownership of their actions to the State through the General of State Heritage. The Institute shall establish the strategy and action planning of these companies, as well as the other aspects of their management, control their operation and exercise the control of effectiveness provided for in the regulations in force for state companies.

Article 7. The President.

1. The President of the Institute of Tourism of Spain, the governing body, is the Secretary General of Tourism.

2. Corresponds to the President:

a) The direction and representation of the Agency.

(b) The direction of the implementation of the general action plans of the same, as well as the preparation of the preliminary draft budget and the management report.

c) Recruitment on behalf of the Institute.

d) The provision of expenses and order of payments.

e) The management of the staff of the Institute and the operational management control and the annual objectives of the Directorates-General and Subdirectorates-General who are directly dependent on the Director.

(f) Approve the strategy and the planning and exercise the effectiveness control, with respect to the State Societies and in the manner set out in Article 6 (1) above. (e) and (f) and 2.

3. The President of the Spanish Tourism Institute will be replaced in case of vacancy, absence or illness by the Director General of Tourism Promotion and by the Director General of Tourism Strategy, in the same order indicated.

Article 8. Basic organic structure.

1. Under the immediate dependence of its President, the Institute of Tourism of Spain is structured in the following management centres:

a) Directorate General for Tourism Strategy.

b) Directorate-General for Tourism Promotion.

2. They are directly dependent on the President of the Agency, the Institute of Tourism Studies, whose director will have the category of Assistant Director General and the General Economic and Administrative Subdirectorate.

Article 9. Directorate-General for Tourism Strategy.

1. The following functions are the responsibility of the Directorate-General for Tourism Strategy:

(a) The identification of new tourist resources for their transformation into marketable products, their inventory and the elaboration of general plans to facilitate the promotion and development of traditional tourism products and new, inter-company and institutional cooperation for the design of tourist products of an innovative nature that present a diversification of the tourist offer and of demonstration projects and for the improvement and modernization of certain tourist areas; with the latter end, it can promote and negotiate the Collaboration agreements with Autonomous Communities, Councils and business sectors.

b) The diagnosis and assessment of specific aspects or factors of an economic, social or other nature, with an impact on the tourism sector and especially on its competitiveness, as well as the elaboration of plans and programmes contributing to the improvement of the quality and technification of tourism enterprises, to the development of such enterprises and to inter-business cooperation between enterprises in the tourism sector or in services related to tourism.

c) The exercise of functions and the development of actions involving the assignment of the Secretariat of the Inter-Ministerial Committee of Tourism to the head of the management center; the immediate exercise of the functions required by the coordination and cooperation in the field of tourism with the Autonomous Communities and/or local authorities, with the exception referred to in the final subparagraph of paragraph (a) above, as well as the analysis, monitoring and collection of Community, state or regional character, affecting the tourism sector. It also corresponds to the immediate exercise of relations with international, public or private corporations, of a tourist nature, and international technical-tourist cooperation and assistance, which are the responsibility of the General Administration. of the State, to foreign institutions and countries.

2. The Directorate-General for Tourism Strategy is structured in the following units, with the General Subdirection level:

a) Subdirectorate General of Tourism Development.

b) General sub-direction of Tourism Competitiveness.

(c) General Subdirectorate for Tourism Coordination.

3. The Directorate-General for Tourism Development is responsible for the exercise of the powers and actions necessary for the performance of the tasks referred to in paragraph 1 (a) of this Article.

4. The Directorate-General for Tourism Competitiveness is responsible for the exercise of the powers and actions necessary for the performance of the tasks referred to in paragraph 1 (b) of this Article.

5. The Directorate-General for Tourism Coordination shall be responsible for the exercise of the powers and actions required to carry out the tasks referred to in paragraph 1 (c) of this Article.

6. The operational management control and the annual objectives of the different units, which comprise the Directorate-General for Tourism Strategy, shall be carried out directly by its holder.

Article 10. Directorate-General for Tourism Promotion.

1. The following functions are the responsibility of the Directorate-General for Tourism Promotion:

(a) The formulation, coordination and development of Spanish tourism promotion plans, in or abroad; the elaboration and implementation of the comprehensive promotion media plans for each product and foreign market; refers to the following paragraph (b) of this Article, as well as the development of communication and tourist information systems in that area not covered by the following Article 11 and the analysis and study of the issuing markets and competitors, paying particular attention to the geographical areas of greatest tourist impact. In the exercise of the powers necessary to carry out these tasks, the provisions of Article 6 (c) above shall be observed in respect of cooperation, where appropriate, of the Autonomous Communities and in respect of the presentation of the of the Spanish tourist offer as a whole.

(b) In the field referred to in (a) above, and with the same cooperation, where appropriate, the formulation, design and development of plans to promote the marketing of tourism products and the achievement of the number of activities are suitable for increasing the marketing of such products and for the promotion of tourism enterprises, their internationalisation and the expansion of their activities, as well as national tourist brands for commercial purposes and, in general, the implementation of the plans to promote Spanish tourism which, abroad, The Spanish Tourist Offices will be held.

c) The exercise of immediate relations with the Spanish Tourism Offices, and in particular the coordination and management control of the operational plans and the activities thereof.

2. It consists of the following units:

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.

3. The functions referred to in paragraph 1 shall be the responsibility of the General Subdirectorate for the External Promotion of Tourism. (a) of this Article.

4. The tasks referred to in paragraph 1 shall be the responsibility of the General Subdirectorate for the External Marketing of Tourism. (b) of this Article.

5. The functions referred to in paragraph 1 shall be the responsibility of the General Secretariat for Relations with the Spanish Offices of Tourism. (c) of this Article.

6. The Director General of Tourism Promotion depends on the Palacio de Congresos de Madrid and the Palacio de Congresos de la Costa del Sol (Torremolinos), corresponding to the operational management control of the same. The Directors of the Palacios shall have the organic level to be determined in the relations of jobs and shall exercise the functions and powers that are regulated in the provisions that the present Royal Decree develops.

7. The operational management control and the annual objectives of the different units, which make up the Directorate-General for Tourism Promotion, shall be carried out directly by its holder.

Article 11. Institute for Tourism Studies.

Correspond to the Institute of Tourism Studies the following functions:

(a) To investigate the aspects affecting tourism, as well as the elaboration, assessment and collection of documentation, data and statistics relating to it, in order to contribute to the most effective implementation of the functions which the General Administration of the State corresponds to in that sector. To this end, it will pay particular attention to the maintenance and development of a national tourist documentation centre.

b) Promote and promote, in cooperation with the Autonomous Communities, and/or business sectors, as appropriate, the provision of specialized services of economic analysis, market research, legal and legal regulations related to the training and specialization needs of human resources in the tourism sector.

c) Develop systems for the dissemination and distribution of the tourist information that it has collected, providing this service at the request of the Public Administrations, institutions or companies of the tourism sector.

Article 12. Sub-directorate-General Economic and Administrative Affairs.

It is for the General Economic and Administrative Subdirectorate to exercise the following functions:

(a) The management and control of the human and economic resources of the Institute.

(b) The action necessary for the implementation of the budgetary, accounting, contractual, IT and administrative tasks that correspond to the body.

c) The management of the assets belonging to the Institute and the updating of its inventory, for the purposes of its conservation, correct administration and legal defense.

(d) The management of investments to be carried out by the Institute in the assets of its own or assigned assets or in those whose use has been transferred by other public bodies or entities.

Article 13. Spanish Tourist Offices abroad.

1. The Spanish Tourist Offices are services of the State Administration on the outside that depend on the President of the Spanish Tourism Institute, without prejudice to their dependence on the Heads of Mission, to the effects it points out in Royal Decree 632/1987 of 8 May.

2. It is up to the Spanish Tourism Offices, in general, to promote tourism and the domestic tourism sector abroad and, in particular, to stimulate the presence of the business sector in the issuing markets in order to increase the marketing of its goods or services, as well as investments in the national tourism sector.

It is also up to them to analyse the tourist markets in the countries allocated and the policies pursued by their institutions and companies, as well as the actions undertaken by other countries receiving the tourism in the same market.

Together with other activities of a tourist nature that can be entrusted to them, they take care of the promotion and support to the tourist enterprises that wish to implement or to develop tourist businesses in the different markets and will provide, for this purpose, the specific assistance services, to businesses and institutions of the tourism sector, generators of tourist flows destined for Spain, which has agreed with them, by means of pay, the Institute of Tourism of Spain.

3. When, with the approval of the receiving State, the Spanish Tourist Offices are part of the Diplomatic Mission, as a Sectoral Counselor or Attaché, or the corresponding Consular Office, the Directors and Deputy Directors They shall be accredited as members of diplomatic staff or as consular officers. In these cases, the Ministry of Foreign Affairs will be appointed to the Ministry of Foreign Affairs on a proposal from the Ministry of Commerce and Tourism.

4. When the Autonomous Communities carry out activities to promote tourism in their territorial area abroad, the Spanish Tourism Offices shall cooperate with the Autonomous Communities provided that the actions are subject to the rules and guidelines for external tourism promotion, which establish the promotion plans, or, failing that, the General Administration of the State.

Article 14. 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 by the Ministry of Economy and Finance, at the proposal of the General Secretariat of Tourism, retaining those its legal status originating and owing be used exclusively for the purpose of determining the determining purposes of the subscription, without being incorporated into the body's own assets, which shall exercise, in respect of such assets, as well as the assets themselves, prerogatives concerning the public domain are legally established in order to conservation, correct administration and legal protection.

For these purposes, the assets of the State's assets in which the State-owned company is developing the State-owned Tourism Company of Spain, S.A., are part of the patrimony attached to the Spanish Tourism Institute. was made available by the Institute of Tourism of Spain.

3. The Spanish Tourism Institute will keep the inventory of its assets and rights updated, 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 15. 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 Spanish Tourism Institute is assigned and entrusted with 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.

1. At the entry into force of this Royal Decree the organs of the General Secretariat of Tourism and of the Institute of Tourism of Spain will be deleted as follows:

a) Directorate General of Tourism Policy of the General Secretariat of Tourism.

b) Directorate General of the Spanish Tourism Institute.

c) Units with an organic level of General Subdirection:

1. From the General Secretariat of Tourism:

-Subdirectorate General for Buildings and Works.

2. From the Directorate-General for Tourism Policy:

-The General Subdirectorate for Tourism Coordination.

-General Sub-direction of Tourism Planning and Foresight.

3. From the Institute of Tourism of Spain:

-General Economic and Administrative Subdirection.

-The General Subdirection of Promotion Media.

General Subdirection of Promotion Activities.

-General Subdirection of Tourist Information.

2. Also, at the entry into force of this Royal Decree, the General Secretariat for Technical Coordination and Trade Institutions and Institutions of the General Directorate of Internal Trade will be abolished.

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

1. The Institute of Tourism of Spain shall be subrogated in the ownership of the corresponding goods, rights and obligations of the General Secretariat of Tourism due to the functions of the same one that have been assigned to the Institute, by virtue of the present Royal Decree. To this end, the inventory and transfer of the same to the Institute shall be carried out. The inventory of the real estate will be sent by the General Secretariat of Tourism to the Ministry of Economy and Finance, which will be assigned to the Institute.

2. Formalized these subrogations, within two months, the Institute of Tourism of Spain will produce a complete inventory of the goods that integrate its own patrimony and attached that, approved by the General Secretariat of Tourism, will be transmitted to the Ministry of Economy and Finance for the purpose of updating the General Inventory of Goods and Rights of the State.

Additional provision third. Management of the charge that taxes the title of Technician of Companies and Tourism Activities.

The Official School of Tourism, without prejudice to the functions assigned to it and in the field of the competencies of the General Administration of the State, shall participate in the procedure for the management of the rate by issue of the Title of Technician of Enterprises and Tourism Activities, of competence of the Ministry of Commerce and Tourism, pursuant to Law 22/1993, of 29 December, by the liquidation and collection of such fee to those who request the issuance of referred to.

Single transient arrangement. Units of lower rank to Subdirectorate General and to the adage of the job positions in the deleted organs.

1. The units and posts of lower organic level to the General Subdirectorate that are affected by the organic modifications established in this Royal Decree will continue to remain and will continue to perceive the totality of their In the case of the same budgetary appropriations, the employment relationships adapted to the organic structure of this Royal Decree are approved.

2. The posts of work in the deleted organs shall be provisionally attached, by Resolution of the Deputy Secretary, within a maximum of 15 days from the publication of this Royal Decree, to the new organs which are regulated, in accordance with the amendments they have assigned to them. After that deadline, the Executive Committee of the Inter-Ministerial Committee on Remuneration will proceed to its implementation until the new employment relationship takes effect.

Single repeal provision. Regulatory repeal.

The Royal Decree 124/1988 of 12 February, which was reorganized by the General Secretariat of Tourism and the National Institute for the Promotion of Tourism, is hereby repealed, as well as many provisions, of equal or lower rank, object to the provisions of this Royal Decree.

Final disposition first. Powers of development.

The Minister of Commerce and Tourism, prior to the implementation of the appropriate legal procedures, will dictate how many provisions are necessary for the development of what is established in this Royal Decree, as well as, if necessary, for vary the abbreviated name of the Institute, TURESPANA, and to proceed with the registration of the new denomination, as a mark.

Final disposition second. Budgetary adjustment.

The Ministry of Economy and Finance will, if necessary, carry out the necessary budgetary changes to comply with the provisions of this Royal Decree.

Final disposition third. Entry into force.

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

Given in Madrid on July 22, 1994.

JOHN CARLOS R.

The Minister for Public Administrations,

JERÓNIMO SAAVEDRA ACEVEDO