Support for the activity of small and medium-sized enterprises, which are the engines of the country's economic activity, is a key element in the public policies of the various State Administrations.

For these purposes, it is understood by small and medium-sized enterprises, as set out in Commission Recommendation (2003/361/EC) of 6 May 2003 on the definition of micro, small and medium-sized enterprises, whose objectives are to better consider the economic reality of small and medium-sized enterprises, to seek adaptation to economic development, to distinguish between different types of enterprises and to be a transparent method for calculating financial limits and number of employees of the same.

The development of these policies demands the utmost attention to the issues that affect their creation and development from high level agencies in which all representative agents are involved. At the current juncture, marked by the slowdown in the growth of the economy, insufficient entrepreneurial initiative and high business mortality, it is necessary to create the appropriate forum in which the problems affecting small businesses are addressed. and medium-sized enterprises and entrepreneurs giving them the visibility they need. This forum should be the place of reference for the coordination of the actions in which the public policy of support to the small and medium-sized enterprise between the various agents of the territory and center of debate and adviser in the Cited cases.

The State Council of Small and Medium-sized Enterprises, a collegiate body of an advisory nature, with a broad representation of the public administrations and the various economic and social agents, is constituted as the a reference body to deal with anything that is proper to the public policy of support for small and medium-sized enterprises.

The State Council of Small and Medium-sized Enterprises has as its predecessor the Observatory of Small and Medium-sized Enterprises created in 1997 by Royal Decree 1873/1997 of 12 December, establishing the Observatory of the Small and Medium-Sized Enterprise, as a consultative, advisory and collaborative body in matters affecting small and medium-sized enterprises in order to promote and facilitate the creation, development and competitive possibilities thereof. Attached to the Secretariat of State of Trade, Tourism and Small and Medium Enterprises of the then Ministry of Economy and Finance, said Observatory of Small and Medium Enterprises is presented at the time of its creation as a forum of Permanent intercommunication between actors related to the activity of small and medium-sized enterprises: ministerial departments, autonomous communities, business organisations and subject matter experts.

Subsequently, among these agents, as members of the Observatory, are included with representatives of the local administration through Royal Decree 2659/1998 of 14 December, amending Royal Decree 1873/1997, of 12 December 1997. December, for which the Observatory of Small and Medium-sized Enterprises is set up.

And in 2002, the presence in this body of the ministerial departments and the autonomous communities is reinforced, this time by the Royal Decree 1204/2002 of 20 November, which regulates the Observatory of the Small and Medium Company, also adapting its membership to the then new Secretary of State for Energy, Industrial Development and Small and Medium Enterprises of the Ministry of Economy and Finance.

Finally, it is in the year 2005 when they are incorporated as members of the Observatory representatives of the trade union organizations, of the Council of Chambers of Commerce, Industry and Navigation of Spain, and of the confederations business of social economy. This incorporation is carried out by the current Royal Decree 943/2005, of July 29, by which the Observatory then becomes dependent on the General Secretariat of Industry of the Ministry of Industry, Tourism and Commerce.

After these changes and fourteen years of existence, the Observatory of Small and Medium Enterprises continues to constitute the forum for excellence between the public administrations and organizations. Business and trade unions for the monitoring, analysis and proposal of solutions that will benefit small and medium-sized Spanish companies. However, there is no doubt that the circumstances that shape the economic and social scenario in which the Spanish policy of small and medium-sized enterprises is developing today have varied considerably since the approval of the Royal Decree. 943/2005, of July 29, for which the Observatory of Small and Medium Enterprises is regulated.

In this sense, events such as the adoption in 2008 of the Small Business Act for Europe (SBA), has introduced new elements that require the adaptation of its structure and its functioning.

For all of this, and in a context of strong political impetus for measures affecting small and medium-sized enterprises as dynamic elements of the economy and generators of employment, it is considered appropriate to transform the observatory on a state council. This body is better suited, by its nature, to respond to the existing consultative, analysis and coordination demands.

Thus, having been consulted during the preparation of the ministerial departments, the bodies responsible for policies for the promotion of small and medium-sized enterprises, and organizations more representative business and trade unions at the state and regional level potentially affected or interested.

Article 40.2 of Law 6/1997, of 14 April, of the Organization and the Functioning of the General Administration of the State, regulates the creation of collegiate bodies of an inter-ministerial nature and establishes that the rule of creation the form of Royal Decree must be in the case of inter-ministerial collegiate bodies whose President has a higher rank than the Director-General.

In its virtue, on the proposal of the Minister of Industry, Energy and Tourism, with the prior approval of the Minister of Finance and Public Administrations and after deliberation of the Council of Ministers at its meeting of 5 December 2013,

DISPONGO:

Article 1. Nature and membership.

1. This royal decree establishes and regulates the State Council of Small and Medium-sized Enterprises, hereinafter SMEs, as a collegiate advisory, advisory and collaborative body in matters affecting small and medium-sized enterprises for encourage and facilitate their creation, growth and development of competitive advantages.

2. The exercise of the functions of participation which this royal decree attributes to the State Council of the SME, which is attached to the Ministry of Industry, Energy and Tourism, through the General Secretariat of Industry and Small and Medium Enterprise, shall be carried out without prejudice and independently of the functions of cooperation between the General Administration of the State and the Autonomous Communities attributed to the Sectoral Conference of the SME, in accordance with the provisions of the Article 5 of Law No 30/1992 of 26 November 1992 on the legal system of public and public administrations Common Administrative Procedure and the Rules of Procedure of the Conference.

Article 2. Functions.

The State Small and Medium Business Council has the following functions:

a) Track developments, problems and policies affecting small and medium-sized enterprises to formulate, where appropriate, recommendations and proposals on priorities, mechanisms, actions and changes These are necessary to increase the sustainable activity and competitiveness of small and medium-sized enterprises, as well as the creation of companies in Spain. To this end, the Council will analyse the existing information, prepare reports and, where appropriate, promote the implementation of new studies that will allow in-depth knowledge of the reality of companies using, wherever possible, disaggregated data. by sex to enable the situation of female entrepreneurs to be known.

b) To report on the multiannual support plan for SMEs in advance.

c) Make recommendations for the coordination of the various SME support programmes, carried out by the various competent bodies, as well as to harmonise criteria for the provision of services and support for SMEs.

d) Through reports and studies, to monitor and evaluate the implementation in Spain of the Small Business Act for Europe-SBA (Small Business Act) to enable knowledge of developments, among others, of the policies aimed at facilitating the access of small and medium-sized enterprises to finance, to internationalisation, to innovation, to public procurement, to information and communication technologies, as well as to the reduction of the administrative burdens that affect them.

e) To analyse European and international practices in support of small and medium-sized enterprises and their transferability to Spain, to disseminate and monitor their implementation, as well as to guide public authorities on how can implement the Community legal framework in such a way as to facilitate greater activity for small and medium-sized enterprises, by making specific disclosures to help change the mindset of public authorities.

f) Contributing to the assessment, recognition and development of the business function in the media, in the educational environment and in society in general, considering the reconciliation of private, family and work.

g) Report on the regulatory projects your president will submit to you.

Article 3. Composition.

1. The State SME Council shall be composed of the following members:

(a) President: the holder of the Ministry of Industry, Energy and Tourism.

b) First Vice President: the head of the General Secretariat of Industry and Small and Medium-sized Enterprises, who will replace the President in cases of vacancy, absence, illness or other legal cause.

c) Second Vice-President: the head of the Directorate-General for Industry and Small and Medium-sized Enterprises, who will replace the First Vice President in cases of vacancy, absence, illness or other legal cause.

(d) Thirteen vowels representing the ministerial departments of the General Administration of the State with at least the category of Director General, which shall correspond:

1. º One to the Ministry of Justice.

2. º Two to the Ministry of Finance and Public Administrations.

3. º One to the Ministry of Education, Culture and Sport.

4. No. One to the Ministry of Employment and Social Security.

5. Two to the Ministry of Industry, Energy and Tourism.

6. º One to the Ministry of Agriculture, Food and Environment.

7. º Two to the Ministry of Economy and Competitiveness.

8. No. One to the Ministry of Health, Social Services and Equality.

9. º One to the Ministry of Foreign Affairs and Cooperation.

10. º One to the Ministry of Development.

e) Eight vowels representing other entities dependent on the General Administration of the State with at least one of the following categories of Director General or assimilated:

1. No. One to the President's Economic Office.

2. º One to the Official Credit Institute (ICO).

3. º One to ICEX. Spain Export and Investments.

4. º One to the National Institute of Statistics (INE).

5. One to the Center for Industrial Technological Development (CDTI).

6. º One to the Spanish Patent and Trademark Office.

7. No. One to the State Society for the Management of Innovation and Tourism Technologies (SEGITTUR).

8. º One to Red.es

f) A representative for each autonomous community and cities of Ceuta and Melilla with at least one category of Director General, proposed by them.

g) A vowel representing Local Administration, designated by the most representative state-wide association.

h) Four vowels representing the most representative state-wide and inter-sectoral business organizations in small and medium-sized enterprises.

i) Two vowels representing the most representative trade union organizations at the state level.

j) A vowel representing the social economy business confederations with the largest implementation at the state level.

k) A vocal on behalf of the Superior Council of Chambers of Commerce, Industry and Navigation of Spain.

2. The appointment of the members of the General Administration of the State and public bodies linked to or dependent on it shall be carried out in accordance with the principle of the balanced presence of women and men, except for reasons substantiated and objective, duly substantiated.

3. The vowels of the SME State Council shall be appointed as follows:

(a) The vowels representing the ministerial departments and the entities that are dependent on the General Administration of the State shall be proposed by the holder of the corresponding ministerial departments. The vowels representing the Administrations of the Autonomous Communities will be proposed by the competent regional bodies. These vowels will require the appointment of the head of the Ministry of Industry, Energy and Tourism. Members may be replaced in their attendance at the plenary session by another representative of the equivalent rank, at least, to the Deputy Director General.

(b) The remaining vowels shall be appointed by the holder of the Ministry of Industry, Energy and Tourism, on a proposal from the relevant organisations represented in the plenary session.

4. The vowels of the State SME Council shall cease for any of the following reasons:

a) By resignation.

b) To stop attending the requirements that determined your designation.

(c) By agreement of the President of the Council, on a proposal from whom he has made it for his appointment.

The cessation will occur in the same way as your appointment.

Article 4. Structure of the Council and operation.

1. The Council is structured on the following bodies:

a) The Plenary Session.

b) The Standing Committee.

2. The State Council shall be governed by its own rules of organization and operation, which shall be adopted by the Plenary Assembly, and in any case by the provisions of Chapter II of Title II of Law No 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and the Common Administrative Procedure. '

Article 5. Full.

1. The plenary session of the SME State Council shall be composed of all its members.

2. The plenary session of the State Council of SMEs shall ensure that the tasks listed in Article 2 are complied with and, in particular, carry out the following tasks:

a) Act as an advisory and advisory body on matters affecting SMEs.

(b) Promoting dialogue and the intercom ment of the various public administrations and economic and social actors in order to provide greater rationality and effectiveness to policies aimed at small and medium-sized enterprises. medium-sized enterprises.

c) Formulate proposals for action to the relevant public administrations and recommendations to intermediate and social actors and SMEs, in order to improve the growth, efficiency and productivity of these companies.

d) To encourage the change of mentality in the various public administrations and economic and social actors in order to exploit the full potential of SMEs.

3. The plenary session of the State Council of SMEs shall meet, on an ordinary basis, at least once a year and, on an extraordinary basis, when the President of the Council has convened it either at the request of the Standing Committee or of the majority of its members.

4. He shall act as plenary secretary, with a voice but without a vote, the holder of the Subdirectorate-General for Institutional Environment and Innovation Programmes for SMEs, belonging to the Directorate-General for Industry and Small and Medium-sized Enterprises, with the functions provided for in Article 25 of Law 30/1992 of 26 November.

Article 6. Standing Committee.

1. The Permanent Commission will be chaired by the second vice-president of the plenary of the State Council of SMEs and will be part of it the representatives of the Ministry of Industry, Energy and Tourism and those of the Ministry of Economy and Competitiveness. He shall act as secretary, with a voice but without a vote, the holder of the General Secretariat for Institutional Environment and Innovation Programmes for SMEs.

2. The Standing Committee shall perform the following tasks:

(a) Coordinate the work entrusted to it by the plenary and ensure that the agreements adopted therein are complied with.

b) Solve the urgency issues to be addressed to the State Council of SMEs.

c) Propose to the President of the Council plenary the agenda of the sessions.

(d) Propose to the plenary the creation of the working groups deemed appropriate for the performance of the tasks referred to in Article 2, either on its own initiative or on a proposal from 20 members of the plenary.

e) How many issues are entrusted to you by the plenary.

3. The Standing Committee shall meet when the Chair and, in any case, prior to the call of the Plenary to propose the agenda.

Article 7. Workgroups.

1. The working groups which the plenary session considers appropriate for the development of the tasks referred to in Article 2 may be set up within the Council.

2. In order to rationalise public structures and ensure the effectiveness of the Council, there can be no more than 5 working groups at the same time.

3. The members of the working groups shall be appointed by the members of the plenary session among the persons belonging to the institutions to whom they represent a maximum of one per vocalia, and may not exceed 15 the total number of members of the different groups that can be constituted.

Depending on the technical content, it may be invited to attend meetings of the working groups to experts or persons outside the Council with recognised prestige or involvement in the matter, whose proposal for designation and mandate it is to be approved by the members of the plenary session and their duties are in accordance with the requirements of the plenary session, with 10 the maximum number of experts eligible for work group meetings.

4. The working groups shall be equipped with their own operating rules and shall be chaired by the first Vice-President of the Council.

Article 8. Use of electronic means.

1. In compliance with Article 2.4 of Royal Decree 776/2011 of 3 June 2011, which abolished certain collegiate bodies and established criteria for standardisation in the creation of collective bodies in the General Administration of the State and its public bodies, the State Council of SMEs shall promote the use of electronic means in its operation, in particular with regard to the convening of meetings, the communication of the agenda and access to documentation produced in the course of the work of this body.

2. The collegiate bodies of the said State Council may constitute and adopt agreements using electronic means, with respect to the essential formalities laid down in Articles 26 and 27.1 of Law No 30/1992 of 26 November 1992. Legal of Public Administrations and of the Common Administrative Procedure.

3. In accordance with the additional provision of Law 11/2007, of 22 June, for the electronic access of citizens to Public Services, the provisions of this paragraph shall be made with the following guarantees:

(a) The effective implementation of the principles that the legislation establishes in respect of the call, access to the information and the communication of the order of the day, where the times will be specified, shall be guaranteed. organise the discussions, the formulation and knowledge of the proposals and the adoption of agreements.

(b) The arrangements for the establishment and adoption of agreements shall ensure the participation of the members in accordance with the body's own provisions.

(c) The minutes shall ensure the constancy of the communications produced and the access of the members to the content of the agreements adopted.

Additional disposition first. No increase in public spending.

The functioning of the State Council of SMEs will not increase any public expenditure and will be met with existing material and personnel resources in the Ministry of Industry, Energy and Tourism.

Additional provision second. Constitution.

1. The State Council of SMEs shall be constituted within two months of the entry into force of this Royal Decree.

2. The public administrations and organizations that compose it shall have 30 days from the entry into force to designate the members of the public authority.

3. The call for the constitutive session shall be held by the holder of the Ministry of Industry, Energy and Tourism.

Single repeal provision. Regulatory repeal.

The Royal Decree 943/2005 of 29 July, which regulates the Observatory of SMEs and how many provisions of the same or lower rank, is repealed, is repealed with the provisions of this royal decree.

Final disposition first. Development and execution.

The Minister of Industry, Energy and Tourism is authorized to dictate how many rules are necessary for the development and execution of the provisions of this royal decree.

Final disposition second. Entry into force.

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

Given in Madrid, December 5, 2013.

JOHN CARLOS R.

The Minister of Industry, Energy and Tourism,

JOSE MANUEL SORIA LOPEZ