Advanced Search

Royal Decree 1253 / 1991, Of 2 August On The National Commission For The Commemoration Of The V Centenary Of The Discovery Of America.

Original Language Title: Real Decreto 1253/1991, de 2 de agosto, sobre la Comisión Nacional para la Conmemoración del V Centenario del Descubrimiento de América.

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

TEXT

The celebration in 1992 of the commemoration of the discovery of America led to the need for the Spanish authorities to adopt the decisions aimed at having the necessary organs at national level. to obtain the implementation of the programmes planned for the celebration of such an important historical event.

This need led to the promulgation of various regulations that ended up being recast by the Government in Royal Decree 488/1985 of 10 April, amending and recasting the regulations applicable to the National Commission for the Commemoration of the V Centenary of the Discovery of America. At the present time, six months from the beginning of 1992, it can be said that the phase of preparation and programming of the activities aimed at the celebration of the 5th Centenary of the Discovery of America, and that the phase of the execution of everything planned so far.

All this, as well as the fact that in 1992 there is also the commemoration of other historical events, which have crystallized in the realization of other activities aimed at preparing Sepharad-92, Al-Andalus-92 and Ija-92, proposes to modify the composition and attributions of the organs in which the National Commission for the Commemoration of the V Centenary of the Discovery of America is structured, in order to give them greater capacity execution of previously performed programs.

In its virtue, on the proposal of the Minister of Foreign Affairs and after deliberation of the Council of Ministers at its meeting of August 2, 1991,

DISPONGO:

Article 1. ° The National Commission.

1. The National Commission for the Commemoration of the V Centenary of the Discovery of America aims at the preparation, programming, organization, coordination and execution of the activities aimed at the celebration of this event, without prejudice to the competencies attributed to the High Patronate for the Commemoration of the V Centenary of the Discovery of America and those corresponding to other organs in relation to the Universal Exhibition of Seville 1992.

2. The National Commission shall enjoy the necessary powers and own resources for the fulfilment of its purposes.

3. The National Commission shall, for all administrative and economic purposes, be assigned to the Ministry of Foreign Affairs, through which it shall regularly account for its management to the Government.

Art. 2. Structure of the National Commission.

1. For the fulfilment of its purposes, the National Commission is structured in the following bodies:

1. The Plenary Session.

2. The Executive Committee.

3. The President.

4. The Vice President.

5. The Secretary-General.

2. The National Commission will have as a unit of support to the State Society for the Execution of Programs and Commemorative Performances of the V Centennial of the Discovery of America.

Art. 3. Membership of the plenary session.

1. The plenary session of the National Commission shall be composed of the President, the Vice-President, the Directors and the Secretary-General.

2. Are Counselors:

(a) The President and the Vice President of the Spanish Agency for International Cooperation or a representative of the Spanish Agency, appointed by the President.

b) The General Commissioner of Spain for the Universal Exhibition of Seville 1992.

c) Four representatives of the Congress of Deputies and four representatives of the Senate, appointed by their respective Messes.

d) The President of the Episcopal Board for the V Centennial of the Discovery and Evangelization of America.

e) The Directors-General of Cultural Relations and Foreign Policy for Ibero-America of the Ministry of Foreign Affairs.

f) The Directors-General of Fine Arts and Archives, the Book and Libraries and the National Institute of the Performing Arts and Music of the Ministry of Culture.

g) A representative, with the rank of Director-General, appointed by each of the following Ministerial Departments: Justice; Defence; Economy and Finance; Public Works and Transport; Education and Science; Work and Safety Social; Industry, Commerce and Tourism; Agriculture, Fisheries and Food; Health and Consumer Affairs, and Relations with the Courts and the Government Secretariat.

h) The Director of the Institute of Naval History and Culture.

i) The Director of the Military Historical Service.

j) A representative of each of the majority unions.

k) A representative of the Superior Council of Chambers of Commerce.

l) A representative of the Spanish Confederation of Business Organizations.

m) The Council of the State Society for the Execution of Programs and Commemorative Performances of the V Centenary of the Discovery of America.

3. The Minister for Foreign Affairs may also appoint up to a maximum of ten members, on a proposal from the President, among persons of recognized merit for the mission entrusted to them.

4. The Directors who are for the purpose of their duties shall act as a means of relationship between the National Commission and its Department of provenance.

5. The Directors of the National Commission shall perform their duties in an honorary and free manner, without prejudice to the allowances and travel expenses that correspond to them.

Art. 4. Full competence of the plenary session.

Correspond to the plenary of the National Commission:

a) Monitor the implementation of the overall plan of action, as well as plans and programs for the best fulfillment of its goals.

b) Develop the rules of operation of the Commission.

c) Monitor the action of the State Society and know its programme and budgets before referral to the competent bodies for approval, suggesting, where appropriate, appropriate modifications, as well as the following: development of scheduled activities.

d) Velar for the proper coordination with the Commissions for the 5th Centenary that are created in the Autonomous Communities.

e) To know the reports of the General Commissioner of Spain for the Universal Exhibition Seville 1992.

Art. 5. Operation of the Plenary Session.

The National Commission will meet at least three times a year in a plenary session and as many times as necessary after the President of the National Commission is convened, either on his own initiative or at the request of five of his members.

The operation of the plenary session of the National Commission will be regulated by this Royal Decree. The provisions of Chapter II of Title I of the Law on Administrative Procedure shall apply as expressly provided for therein.

Art. 6. Executive Committee: Nature and competences.

1. The Executive Committee is the collegiate governing body and administration of the National Commission.

2. It is the competence of the Executive Committee:

a) Develop and approve the overall plan of action, as well as the plans and programs of the National Commission, the annual development of the same and the Implementation Memory.

b) Develop and approve the National Commission's preliminary draft budget.

c) Approve the action plan and monitor the annual development of the jobs that are performed.

d) Maintain close collaboration and coordination with the Commissions for the 5th Centenary that are created in the Autonomous Communities.

e) To assume as many powers as are in order to the best management of the functions of the National Commission and that have not been expressly attributed to the Plenary.

f) Oversee and provide for the fulfillment of the agreements by the plenum whose execution corresponds to the organs of the National Commission, State Society, or other collaborating entities of the National Commission in the commemoration of the 5th Centenary, and must be informed by the latter of the progress and development of the programmes entrusted to them for implementation.

Art. 7. The Executive Committee: Composition, convening and operation.

1. The President, the Vice-President and the Secretary-General of the National Commission, and the President and the CEO of the State Society for the Implementation of Programs and Commemorative Performances of the V, are part of the Executive Committee. Centenary of the Discovery of America.

2. On a proposal from the Secretary-General, any other person may also be summoned to the meetings of the Executive Board on the basis of the specific subjects on the agenda.

3. The Executive Board shall meet whenever necessary for the proper development of its task, upon convening its President and, in any case, at least once a month.

4. The Executive Committee shall always adapt its action to the provisions of the Law of Administrative Procedure and other applicable legislation in relation to the collegiate bodies.

Art. 8. The President: Appointment and competencies.

1. The President of the National Commission will be from the Plenary and the Executive Committee and will be appointed by Royal Decree, on a proposal from the President of the Government. You will have the rights and prerogatives recognized to the Undersecretaries and the rank of Ambassador Extraordinary, in accordance with the provisions of this Royal Decree.

Corresponds to the President:

a) Ostend the representation of the National Commission, convene its meetings and preside over them, directing their debates and deliberations.

b) Lead the implementation and monitor compliance with the overall action plan and the National Commission's activities plans and programmes.

c) Propose the appointments of Vice President and Secretary General of the National Commission.

d) To request the collaboration of the organs of the State Administration in the tasks that it is responsible to assume, proposing to the Government the adoption of any measures it deems appropriate through the Ministry of Foreign Affairs, which will inform you of the development of your mission.

2. The privileges recognised to the President shall be delegated in accordance with the provisions in force in the other management bodies of the Commission.

Art. 9. The Vice President: Functions.

1. The Vice President of the National Commission, with the category of Director General, will be appointed by Royal Decree, on the proposal of the Minister of Foreign Affairs and initiative of the President of the National Commission.

Corresponds to the Vice President:

a) Replace the President in all his/her duties in the absence, vacancy or illness.

b) Collaborate with the President on how many tasks are required.

c) By delegation of the President:

Chair the Executive Committee on a regular basis.

Driving the relations of the National Commission with the outside.

Lead the implementation and monitor compliance with the overall action plan and the National Commission's activities plans and programs.

Request the collaboration of the organs of the State Administration in the tasks of the National Commission.

d) Direct the ordinary administration and management services of the National Commission and its various bodies, preparing proposals to be submitted to the National Commission or the Executive Committee.

e) The others that attribute the current provisions to you.

2. The privileges recognised as the Vice-President's own shall be delegated, in accordance with the provisions in force, to the other management bodies of the Commission.

Art. 10. The Secretary-General: Appointment and functions.

The Secretary-General shall be appointed by the Minister of Foreign Affairs, on a proposal from the President of the Commission, shall have the administrative status of Deputy Director-General and shall perform the following tasks:

(a) The Secretariat of the Plenary and the Executive Committee.

b) Develop the preliminary draft of the Budget.

c) Coordinate the performance of the Commissioners and the Program Directors.

d) To assume, in personnel matters, how many functions are not attributed to the President or the Vice President.

e) To assume as many competencies as possible in order to the best economic and administrative management of the National Commission and that have been expressly delegated to it.

f) How many privileges are assigned to the current provisions.

Art. 11. Commissioners.

1. Within the National Commission, and in the terms provided for in their employment relationship, there will be Commissioners, who will be responsible for the National Commission's relationship activities with:

a) The Ibero-American Conference of the V Centenary and the Ibero-American Commissions.

b) The International V Centenary Conference and the other International Commissions.

c) The Commissions for the 5th Centenary that are created in the Autonomous Communities, and

d) The organs of the Central State Administration and, in general, any Spanish institution.

Art. 12. Program Managers.

As an organ of support and assistance to the National Commission, there will be up to five Program Directors, due to their special knowledge and qualifications.

The Program Directors, with the organic level of Service Chiefs, will essentially have the task of studying, planning, and following the actions of the National Commission in a given area.

Art. 13. Staff.

1. The activities of the National Commission and the State Society referred to in Articles 15 to 19 shall be of a programme of international cooperation for the purposes of public servants providing services in the programme.

2. The remuneration of the work entrusted to experts, where appropriate, for remuneration, or for work contracts for a specific task and time, shall be carried out by the budget of the National Commission.

Art. 14. Economic resources.

the Minister of Economy and Finance will propose the inclusion in the General Budget of the State of each year, up to and including 1992, of the budgetary appropriations necessary for the achievement of the National Commission.

Art. 15. State Society for the Execution of Programs and Commemorative Performances of the V Centennial of the Discovery of America.

As a unit of support to the National Commission for the Commemoration of the V Centenary of the Discovery of America, a State Society, in the form of a Company of Anonymous, will act with the name "State Society for the Execution". Commemorative Programs and Performances of the V Centenary of the Discovery of America. " The Company shall be governed by its Statutes, the Law of Limited Companies, the General Budget Law and other applicable laws of applicable law.

Art. 16.

The State Society for the Execution of Programs and Commemorative Performances of the Fifth Anniversary of the Discovery of America will have its own legal personality, independent of that of the State, and full capacity to work for the development of its purposes.

It will have for social object to execute, under the guidelines it receives from the National Commission for the Commemoration of the V Centenary of the Discovery of America, the necessary acts for the preparation, organization and realization of activities directly or indirectly aimed at the commemoration of such an event, except those relating to the Universal Exhibition Seville 1992.

Art. 17.

In order to fulfill its aims, the State Society may acquire all kinds of goods, furniture and buildings, patents, trademarks and all kinds of industrial and intellectual property, sell, dispose, tax and exploit commercially. the same, to make all kinds of contracts for the marketing of the goods acquired by any title, to make contracts of edition, promotion of all kinds of Companies or production of books, records and films or all kinds of works and services, both on national and foreign territory. All these purposes are indicated as an indicative title, and may therefore perform any kind of trade act directly or indirectly related to their main purpose.

Art. 18.

The social capital will be 500 million pesetas, with an initial disbursement of 25 per 100, and the remaining 75 per 100, per third, for the presentation of programs. The Government, in accordance with the provisions of Article 100 of the State Heritage Act, may agree to the transfer of immovable property to the Company.

Art. 19.

1. The functions of the National Commission will be extinguished once the commemorative events of the V Centenary of the Discovery of America have been completed.

2. The Company will initially have an indefinite duration and will be dissolved when the actions that are entrusted to it on the occasion of the Centenary alluded to have been completed.

TRANSIENT PROVISIONS

First.

The units with lower organic level to the General Subdirectorate, referred to in this Royal Decree, will continue to remain until the corresponding development standards are dictated.

Second.

Notwithstanding the provisions of article 18 of this Royal Decree, the social capital of the State Society for the Execution of Programs and Performances Commemorative of the V Centenary of the Discovery of America ascends into Today, to 2.175 million pesetas and will increase or decrease, depending on the cases, in accordance with the legal provisions in force for the Companies Anonymous.

FINAL PROVISIONS

First.

The President of the Government and the Minister of Foreign Affairs, in their respective cases, are hereby authorised to make the necessary arrangements for the development and implementation of this Royal Decree.

Second.

By the Ministry of Economy and Finance, the necessary appropriations will be made available for compliance with the provisions of this Royal Decree.

Third.

Repealed:

(a) Royal Decree 488/1985 of 10 April.

(b) Article 6 (6) of Royal Decree 1485/1985 of 28 August 1985 and Article 1 (5) of Royal Decree 1527/1988 of 11 November 1988.

c) How many provisions of equal or lower rank are opposed to the provisions of this Royal Decree.

Fourth.

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

Given in Palma de Mallorca to August 2, 1991.

JOHN CARLOS R.

The Minister of Foreign Affairs,

FRANCISCO FERNANDEZ ORDONEZ