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Royal Decree 425/2013, Of 14 June, Which Approves The Statute Of The Institute Of Tourism Of Spain And Partially Amending Royal Decree 344/2012, 10 February, Whereby The Basic Organizational Structure Of The Ministry Develops...

Original Language Title: Real Decreto 425/2013, de 14 de junio, por el que se aprueba el Estatuto del Instituto de Turismo de España y se modifica parcialmente el Real Decreto 344/2012, de 10 de febrero, por el que se desarrolla la estructura orgánica básica del Ministerio...

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TEXT

Tourism is a key sector: an engine of economic development, a generator of wealth and employment, and a correction of the trade deficit. It currently faces a long-wave cycle change that requires a new, knowledge-based, tourist-centric business model.

The tourism sector is also facing a major challenge and is undergoing enormous changes as a result of the current socio-economic situation, which is a different scenario affecting all sectors of tourism. activity and in particular tourism.

The Government, aware of the importance of tourism for our country and the new scenario to be faced by the sector, has approved the National and Comprehensive Tourism Plan (PNIT) as a set of measures to boost tourism. competitiveness of companies and our destinations, renew our country's global leadership for the coming decades and contribute to the generation of wealth, employment and citizens ' well-being.

In the NLP the need to complete the adequacy of the tourist organizational structure to accommodate the alignment of public-private actors is highlighted, since the private sector demands a total alignment of the objectives Tourism policy with the needs of the business sector and a greater orientation of service to the company by the Institute of Tourism of Spain (TURESPANA).

On the other hand, it is necessary to adapt the organizational structure responsible for tourism to the current needs in the field of the external promotion and the management of the tourist brand, giving in addition to the greater agility and effectiveness of tourism policy development and coordination as a fundamental element for the improvement of our country image and the Spanish brand.

In addition, the Royal Decree 1823/2011, of 21 December, which restructured the ministerial departments, created the Ministry of Industry, Energy and Tourism and the Secretariat of State of Tourism in its bosom. For its part, Royal Decree 1887/2011 of 30 December, establishing the basic structure of the ministerial departments, abolished the General Secretariat of Tourism and Internal Trade.

For all of the above, it is opportune to approve a royal decree that will collect in new normative text the Statute of the Institute of Tourism of Spain (TURESPANA), adapting the regulation of its functions, organization and Organic membership of the current basic structure of the Ministry of Industry, Energy and Tourism, in order to meet the objectives set by the Government in tourism and to give a better response to the challenges of the future of the tourism sector. In addition, there is room for the establishment of a public-private partnership model in that body.

In addition, as a requirement of the new structure and functions of TURESPANA, it is necessary to modify the structure of the Secretariat of State of Tourism, from which the Subdirectorate General of Cooperation and the General Secretariat of the Tourism Competitiveness and the General Development and Sustainability Subdirectorate General, which involves the modification of Royal Decree 344/2012, of 10 February, for which the basic organic structure of the Ministry of Industry is developed, Energy and Tourism. In addition, the Division of Information Analysis and Evaluation of Tourism Policies was attached to the Secretariat of State, which provided direct assistance to the Director General of the Spanish Tourism Institute.

In its virtue, at the initiative of the Minister of Industry, Energy and Tourism, on the proposal of the Minister of Finance and Public Administrations, and after deliberation of the Council of Ministers at its meeting on June 14, 2013,

DISPONGO:

Single item. Approval of the Statute of the Spanish Tourism Institute (TURESPANA).

The Statute of the autonomous agency Instituto de Turismo de España (TURESPANA) is approved, the text of which is inserted below.

Additional disposition first. Subrogation on rights and obligations.

The Institute of Tourism of Spain (TURESPANA) shall be subrogated to the rights and obligations of the General Administration of the State by reason of the functions assigned to it, by virtue of the reorganization of the Administration Spanish tourist carried out by Royal Decree 344/2012, of 10 February, for which the basic organic structure of the Ministry of Industry, Energy and Tourism is developed.

The goods affected will be assigned to TURESPANA, which corresponds to the exercise of the rights and the fulfilment of the obligations assumed.

Additional provision second. Removal of organs.

The following organs with organic level of general subdirection and division of the Institute of Tourism of Spain (TURESPANA) are deleted:

a) The General Secretariat.

b) The General Subdirectorate for the Promotion and Foreign Marketing of Tourism.

c) The General Planning and Coordination Subdirectorate of the Spanish Tourist Offices.

d) The General Subdirectorate for Tourism Cooperation and Competitiveness.

e) The General Subdirection of Tourism Development and Sustainability.

f) The Institute for Tourism Studies.

g) The Division of Information Analysis and Evaluation of Tourism Policies.

Additional provision third. No increase in public spending.

The application of the provisions of this royal decree will not entail an increase in public expenditure, the functions and expenses arising from the human resources and the material resources available to them. TURESPANA.

With regard to the composition of the Advisory Board of Turespana, the members of the Advisory Board exceeding the limits provided for in Royal Decree 451/2012 of 5 March 2012 regulating the remuneration of the maximum responsible and managers in the business public sector and other entities, and their implementing rules, shall not be entitled to any kind of compensation, including travel expenses or allowances provided for in Royal Decree 462/2002 of 24 May 2002, on compensation for service reason.

Single transient arrangement. Units and jobs with lower organic level than general sub-direction.

The units and posts of lower organic level than the general sub-directorate which are affected by the modifications established in this royal decree shall remain and shall be remunerated from the same claims budget, until the relations of jobs adapted to the organic structure of this royal decree are approved. Such relationships may in no case lead to increased public spending.

Until the entry into force of the new employment relationship, the units and posts of work cited will be provisionally attached to the bodies regulated in this royal decree in accordance with the duties they have assigned, by resolution of the deputy secretary.

Single repeal provision. Regulatory repeal.

As many provisions of equal or lower rank are repealed, they oppose the provisions of this royal decree and, in particular, Royal Decree 561/2009 of 8 April, approving the Statute of the Institute of Tourism Spain.

Final disposition first. Amendment of Royal Decree 344/2012 of 10 February, for which the basic organic structure of the Ministry of Industry, Energy and Tourism is developed.

Article 6 of Royal Decree 344/2012 of 10 February, for which the basic organic structure of the Ministry of Industry, Energy and Tourism is developed, is worded as follows:

" Article 6. Secretary of State for Tourism.

1. The Secretary of State for Tourism, under the top leadership of the Minister of Industry, Energy and Tourism, will carry out as many actions as necessary for the definition, development, coordination and execution of the State's tourism policies, without prejudice to the powers of the Inter-Ministerial Committee on Tourism, as well as the institutional tourism relations of the General Administration of the State with international, public or private organizations, and tourism cooperation International cooperation, in coordination with the Ministry of Foreign Affairs and Cooperation.

2. The following units with the organic level of Subdirección General depend on the Secretary of State for Tourism:

(a) The General Subdirectorate for Tourism Cooperation and Competitiveness, which will perform the following functions:

1. Tourism cooperation and coordination with the competent bodies of other ministerial departments, the Autonomous Communities and local authorities, as well as with private actors, for the development of the bases and the general planning of tourism policy, especially through the Sectoral Tourism Conference, the Spanish Tourism Council and the Inter-Ministerial Tourism Commission.

2. The exercise of the international tourism relations of the General Administration of the State, both bilateral and international tourism organizations of a multilateral nature, as well as the exercise of international tourism cooperation, in coordination with the Ministry of Foreign Affairs and Cooperation.

3. The information, the analysis of opportunities and the support to the implementation abroad of the Spanish tourist companies, in collaboration with the corresponding organs of the General Administration of the State.

(b) The General Subdirectorate for Tourism Development and Sustainability, which will perform the following functions:

1. The design of strategies aimed at the development and improvement of the planning and management of destinations based on public-private co-responsibility, social participation, sustainability and adaptation to new ones. demand requirements.

2. The development of plans and programmes that promote innovation, quality, sustainability and the competitiveness of high value-added tourism products for the customer, as well as the promotion of new categories of product that contributes to the de-seasonalization of the offering.

3. The management of other economic support programs for the tourism sector to be assigned to the Secretary of State for Tourism.

3. It is attached to the Ministry of Industry, Energy and Tourism through the Secretariat of State of Tourism, the autonomous agency Instituto de Turismo de España (TURESPANA).

4. It is up to the Secretary of State for Tourism to chair the Spanish Tourism Institute (TURESPANA) and as such the top management and representation of the body.

5. As an immediate assistance body to the Secretary of State for Tourism, there is a Cabinet, whose Director holds the rank of Deputy Director General, with the structure set out in Article 14.3 of Royal Decree 1887/2011 of 30 December 2011. The basic organic structure of the ministerial departments is approved.

Also, the Division of Information Analysis and Evaluation of the Tourism Policies, with the level that is established in the Relationship of Jobs, assists the Secretariat of State.

6. For the legal advice of the Secretary of State for Tourism there will be a State Advocate, organically integrated in that of the department referred to in article 7.6.a) of this royal decree. "

Final disposition second. Budgetary changes.

By the Ministry of Finance and Public Administrations, the necessary budgetary changes will be made to comply with the provisions of this royal decree. The operations of the body relating to the organisational change covered by the second and final second provisions which, where appropriate, are not included in the said budget amendments, shall be the subject of an accounting record. in the body being included in the annual accounts of the body.

The Ministry of Finance and Public Administration will also carry out the necessary cash adjustments.

Final disposition third. Development and execution.

The Minister of Industry, Energy and Tourism is hereby authorized to take the necessary steps to implement and implement this royal decree, after the appropriate legal procedures have been completed.

Final disposition fourth. Entry into force.

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

Given in Madrid, on June 14, 2013.

JOHN CARLOS R.

The Minister of Finance and Public Administrations,

CRISTOBAL MONTORO ROMERO

STATUTE OF THE SPANISH INSTITUTE OF TOURISM (TURESPANA)

Article 1. Nature and legal status.

1. The Institute of Tourism of Spain (TURESPANA) is an autonomous body of the ones included in article 43.1.a) of Law 6/1997, of April 14, of the Organization and the Functioning of the General Administration of the State, attached to the Ministry of Industry, Energy and Tourism through the Secretary of State for Tourism.

2. The Spanish Tourism Institute (TURESPANA) has its own distinct public legal personality, its own assets and its own treasury, as well as autonomy of management and full legal capacity, and within its sphere of competence, it is the precise administrative powers for the fulfilment of its purposes, in accordance with the terms laid down in this Statute, except for the ownership of expropriatory powers.

3. The autonomous agency Instituto de Turismo de España (TURESPANA) will be governed by Article 81 of Law 4/1990, of 29 June, of the General Budget of the State for 1990; by Law 6/1997, of April 14, of the Organization and the Functioning of the General Administration of the State; by Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure; by the Royal Legislative Decree 3/2011 of 14 November, by which the Recast of the Law on Public Sector Contracts; by Law 47/2003, of November 26, General Budget; by Law 33/2003 of 3 November of the Heritage of Public Administrations; by this statute, and by the other legal provisions applicable to the autonomous bodies of the General Administration of the State.

4. It is up to the Ministry of Industry, Energy and Tourism to carry out the strategic direction, evaluation and control of the results of its activities, through the Secretariat of State of Tourism. It also corresponds to the control of effectiveness, without prejudice to the competences attributed to the General Intervention of the State Administration in terms of the evaluation and control of the results of the public bodies members of the sector State public.

Article 2. Functions.

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

a) The management of the Spanish brand in its tourist dimension: the image of Spain as a travel destination, in coordination with the Ministry of Foreign Affairs and Cooperation and with the High Commissioner of Government for the Spain.

b) Planning, development and implementation of actions for the promotion of Spanish tourism in international markets and among non-residents in Spain, support for the marketing of tourism products The Spanish authorities have been in a position to make a contribution to the development of the internal market in Spain and cooperation with the Autonomous Communities, local authorities and the private sector in programmes for the promotion and marketing of their products abroad and among non-residents in Spain. Spain.

c) The investigation of factors affecting tourism, as well as the elaboration, collection and assessment of statistics, information and data relating to tourism, and the creation and dissemination of knowledge and intelligence tourism and the coordination of information on the tourism sector.

(d) The provision of marketing services abroad to Spanish tourism companies and institutions in relation to the extremes referred to in paragraphs (b) and (c).

e) The management and operation of tourist establishments, which are entrusted to them, as well as to make the investments that correspond to the assets of their own patrimony, assigned or in those whose use has been granted by others public bodies or bodies; in particular, it is their competence to exercise control of the effectiveness of the Sociedad Paradores de Turismo de España, S.A., and to instruct it in relation to the strategic lines of action of the company, without prejudice to the powers conferred on the General Directorate of State Heritage in Law 33/2003, of 3 November, of the Heritage of Public Administrations.

2. To meet its objectives, the Institute of Tourism of Spain (TURESPANA) may promote and participate directly or indirectly in companies in formation or already constituted, whose social objective is linked to its aims and objectives.

Article 3. Presidency.

1. The President of the Institute of Tourism of Spain (TURESPANA) is the head of the Secretary of State for Tourism.

2. Corresponds to the President:

a) The definition, development, coordination and implementation of the body's tourism policies.

b) The high direction and representation of the organism.

c) The approval of the body's overall action plans, as well as the preliminary draft budget and the management memory and the approval of the annual accounts.

d) The surrender of the body's accounts to the Court of Auditors, in accordance with the provisions of Law 47/2003 of 26 November, General Budget.

3. The acts and resolutions of the President of the Spanish Tourism Institute (TURESPANA) deplete the administrative route in the field of their competences.

Article 4. TURESPANA Advisory Board.

1. In order to articulate the formal participation of the private initiative in the Institute of Tourism of Spain (TURESPANA), an Advisory Council is created, dependent on the Presidency of the Institute, which will allow active collaboration between the sector private and the Presidency on the following topics:

a) The objectives, mission and organizational structure of the Institute.

b) The strategic planning of the agency's marketing and communication activity.

c) The participation of tourism companies in the financing of the external promotion of Spanish tourism.

d) Any other issue for which the Presidency requires the opinion of the TURESPANA Advisory Board.

The Advisory Board of TURESPANA will take into account the recommendations and initiatives of the Spanish Tourism Board and the Tourism Sectoral Conference, and its functions will be advisory.

2. The TURESPANA Advisory Board shall be chaired by the Chair of the body, and shall consist of:

(a) The holder of the Secretariat of the Ministry of Industry, Energy and Tourism, as Vice-President.

b) The head of the Directorate General of the Spanish Tourism Institute (TURESPANA), who will act as voice and vote secretary.

c) An organic level vowel of Deputy Director-General appointed by the President of the Agency.

(d) An organic voice with an organic level of deputy general manager appointed by the person holding the Ministry of Finance and Public Administrations.

e) A vowel appointed by the President of the Agency on behalf of the State Administration.

f) The President of the Tourism Board of the CEOE, as a vowel.

g) Two private sector vowels appointed for a period of one year and on a personal basis by the President of the Agency on a proposal from the EEOE.

(h) Two vowels appointed for a period of one year and in a personal capacity by the President of the Agency among professionals of recognized experience and prestige in the field of tourism.

3. The status of the member of the Advisory Board shall be forfeited by the expiration of the term of office, by ceasing in the position that determined his appointment or by revocation of the appointment by the Presidency of the Agency.

4. The Advisory Board shall meet at the headquarters of the Ministry of Education of the Spanish Tourism Institute in ordinary session at least five times a year, although it may be convened in extraordinary session by the President at any time. The President may convene the meetings of the Advisory Council with representatives of the Autonomous Communities and of the sectors concerned, when it considers it appropriate or necessary for its special relevance in the matters to be dealt with, with voice but no vote.

Article 5. Directorate-General of the Spanish Tourism Institute.

1. The Institute of Tourism of Spain (TURESPANA) will have a Director General, who will temporarily supply the President in case of vacancy, absence or illness. The Director General shall be appointed by royal decree of the Council of Ministers on the proposal of the Minister of Industry, Energy and Tourism.

2. It is for the Directorate-General of the Institute, under the President's top management, the following functions:

a) The planning, definition of objectives and evaluation of the performance of the Institute's action, as well as the development of tools and actions for the implementation of the National and Integral Tourism Plan, the impetus of its implementation and monitoring, as well as the communication, dissemination, participation and evaluation of it.

b) The management of the Spanish Brand in its tourism dimension, in coordination with the Ministry of Foreign Affairs and Cooperation and with the High Commissioner of the Government for the Spanish Brand; the follow-up of the reputation of the destination Spain in the different issuing markets and the establishment of virtual communities around Spain and its tourism resources.

c) The development and implementation of plans for the promotion and marketing of Spanish tourism products on the external markets through the joint use of the various instruments and means of tourism promotion and, in particular, through the use of information and communications networks and technologies, as well as the development and implementation of communication and advertising campaigns.

d) The analysis of the issuing markets for tourism, the development of projections and prospects for tourism flows, overnight stays and tourism revenues, the analysis of the factors affecting the tourism economy and The Commission has also been responsible for the development of tourism, as well as the collection and dissemination of tourism knowledge and the coordination of information on the tourism sector generated by the various administrative units which are dependent on tourism. Secretary of State for Tourism and the autonomous agency Instituto de Turismo de España.

e) The elaboration of the Strategic Marketing Plan with a multi-annual nature, where the priorities of brand impulse, promotion and marketing support for markets, products and segments of demand in collaboration with the Autonomous Communities, local authorities and the tourism sector.

f) The elaboration of the Annual Operational Plans by issuing markets, where the action programme for promotion and support for the marketing of tourism products in collaboration with the Communities is established Autonomous, local authorities and the tourism sector.

g) The management of a catalogue of marketing and knowledge services available to Spanish tourism companies and local authorities.

h) The exercise of immediate relations with the Spanish Tourist Offices, and in particular the coordination and management of their activities.

i) The management and control of human resources.

(j) The management and control of economic resources, the formulation of annual accounts as well as the planning and coordination of the Institute's IT services, including economic, contractual and (a) administrative procedures necessary for the functioning of the body, management of assets or investments, and the promotion and development of the application of information technologies for the improvement of the efficiency of the management processes and provision of services by the Institute.

k) The management and operation of the buildings attached to the Institute of Tourism of Spain (TURESPANA).

l) To exercise the control of effectiveness with respect to the Society of Tourism of Spain, Sociedad Anonima, and to instruct it in relation to the strategic lines of action of the society.

3. It is the responsibility of the Directorate-General of the Spanish Tourism Institute, in relation to the collegiate bodies of tourism: The Presidency of the Board of Directors of the Tourism Sectoral Conference and the secretariat of the Conference Sectorial, the Secretariat of the Inter-Ministerial Tourism Commission and a voice of the Spanish Tourism Council.

4. The Directorate General of the Spanish Tourism Institute (TURESPANA) is structured in the following units with organic level of general subdirection:

(a) The General Subdirectorate for Foreign Marketing of Tourism, which shall exercise the functions referred to in paragraph 2.c.)

(b) The General Subdirectorate for Knowledge and Tourism Studies, which shall perform the functions referred to in paragraph 2.d.

(c) The General Sub-Directorate of Strategy and Services to the Tourism Sector, which shall exercise the functions referred to in paragraph 2.e); 2.f); 2g) and 2.h).

(d) The General Secretariat for Economic and Administrative Management and Information Technologies, which shall carry out the tasks referred to in paragraphs 2.i) and 2.j) and 2.k).

5. It is up to the Director General of the Spanish Tourism Institute to the Palace of Exhibitions and Congresses in Madrid.

Article 6. Tourism Counselors.

The Tourism Counselors are specialized technical bodies of the Spanish Diplomatic Missions, under the hierarchical dependence of the Ambassador, without prejudice to the fact that they are organically dependent of the State Secretariat of Tourism through the Institute of Tourism of Spain (TURESPANA) and functionally, through the Director General of the agency, the President of the Institute.

Article 7. Patrimonial regime of the Institute of Tourism of Spain (TURESPANA).

The patrimonial regime of the Institute of Tourism of Spain (TURESPANA) will be established for the autonomous organizations in Law 33/2003, of 3 November, of the Heritage of Public Administrations.

Article 8. Economic resources.

To fulfill its aims, the Institute of Tourism of Spain (TURESPANA) will have the following resources:

(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 of the property and property which they have attached to, or whose administration and exploitation is attributed to them.

To these effects, they are part of the patrimony attached to the Institute of Tourism of Spain (TURESPANA) the assets of the patrimony of the State in which the state society Paradores de Turismo of Spain develops its commercial activity, Public limited liability company, and have been made available by the Institute.

Likewise, the Spanish Tourism Institute (TURESPANA) is credited and entrusted with the use and eventual marketing of the marks of the State 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 occur as a result of its management and operating activities or the provision of its services.

(d) Grants, voluntary contributions or grants awarded to or awarded to other public entities and private bodies or persons.

e) Any other economic resources, ordinary or extraordinary, that can be attributed to you.

Article 9. Economic and financial regime.

1. The budgetary, economic-financial, accounting, intervention and financial control system of the Spanish Tourism Institute (TURESPANA) will be established in Law 47/2003 of 26 November, General Budget.

2. Without prejudice to the audit powers conferred on the Court of Auditors, the Spanish Tourism Institute (TURESPANA) shall be subject to the internal control of its economic and financial management, which shall be exercised by the General Intervention of the Administration of the State, through the Intervention Delegate in it, under the conditions and in the terms established by Law 47/2003, of November 26, for the autonomous agencies.

Article 10. Recruitment scheme.

The contracting regime of the autonomous agency Instituto de Turismo de España (TURESPANA) will be established in the Royal Legislative Decree 3/2011 of 14 November, approving the recast text of the Law of Contracts Public Sector.

Article 11. Staff scheme.

1. The staff of the autonomous agency Instituto de Turismo de España (TURESPANA) will be official or labor, on the same terms as those established for the General Administration of the State.

2. The official staff of the Institute of Tourism of Spain (TURESPANA) will be governed by Law 7/2007, of April 12, of the Basic Staff Regulations and other regulatory regulations of public servants in the service of the Administration State General.

3. The work staff of the Spanish Tourism Institute (TURESPANA) will be governed by the Royal Legislative Decree 1/1995 of 24 March, approving the recast text of the Workers ' Statute and other labour laws, by the rules (a) the rules applicable to the staff of the General Administration of the State and the provisions of the Basic Staff Regulations.