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Royal Decree 87/2013, 8 February, Amending Royal Decree 257/2012, 27 January, Which Develops The Basic Organizational Structure Of The Ministry Of Education, Culture And Sport.

Original Language Title: Real Decreto 87/2013, de 8 de febrero, por el que se modifica el Real Decreto 257/2012, de 27 de enero, por el que se desarrolla la estructura orgánica básica del Ministerio de Educación, Cultura y Deporte.

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TEXT

After several months of the legislature, experience has revealed the desirability of modifying the distribution of functions performed by Royal Decree 257/2012, of 27 January, for which the structure is developed the basic organic nature of the Ministry of Education, Culture and Sport, mainly in the field of the management bodies of the Secretariat of State for Education, Vocational Training and Universities, and the Under-Secretary for Education, Culture and Sport, for greater efficiency and effectiveness in the management of responsible units. For this reason, it is necessary, first of all, to amend Article 6, which refers to the powers corresponding to the Directorate-General for Evaluation and Territorial Cooperation, in order to concentrate all the functions related to the cooperation with autonomous communities in the Subdirectorate-General for Territorial Cooperation. Secondly, Article 7 is amended, which regulates the powers of the Directorate-General for Vocational Training, which is given a new wording which affects both its paragraph 1, where it relates again, with the amendments necessary, the cast of powers corresponding to this general direction; as to its paragraph 2, in this case in order to correctly assign the functions that correspond to each of the three units with the organic level of sub-direction general who are dependent on such a management centre.

On the other hand, the Motives Exhibition of Law 10/1991, of 4 April, on administrative powers in the field of bullfighting, collected a double scope of the intervention of the General Administration of the State referred to the feast of the bulls. On the one hand, the powers of public order and citizen security are regulated in relation to public spectacles and, on the other hand, the promotion of culture, in accordance with the provisions of Article 149.2 of the Constitution. In order to achieve a correct articulation of the matter within the Ministry of Education, Culture and Sport, it is necessary to modify the location of the functions, of transversal scope, relating to the promotion and protection of bullfighting, the operation of the Taurine registers, and the secretariat of the National Consultative Commission on Taurus, which Royal Decree 257/2012, of 27 January, attributes to the Directorate General of Fine Arts, Archives and Libraries, so that they pass be integrated into the Department's Secretariat.

Also, and given the interrelation of the functions assigned by the Subdirectorate General of Information and Communications Technologies and the General Subdirectorate of Attention to the Citizen, sub-direction is When it comes to being called the Office of Attention to the Citizen, it is convenient that both are dependent on the same management body in order to ensure greater coordination between them so that the Office of Attention to the Citizen, currently dependent on the Technical General Secretariat, it becomes dependent, like the other, directly on the Deputy Secretary for Education, Culture and Sport. In addition, and as novel functions, the technical part of the institutional social networks and the coordination of the accounts of these networks are distributed respectively between the two sub-addresses.

On the other hand, and following the publication of Order ECD/1982/2012, of 13 September, creating the Messes of the contracting authorities of the Ministry of Education, Culture and Sport and the Board of Contracting of the Secretary of State for Culture, it is necessary to proceed to the adequacy of the competences attributed in the royal decree modified to the Greater Office, limiting them to the Table of Contracting of the Ministry of Education, Culture and Sport and of the Secretary of State for Education, Vocational Training and Universities, as the skills of assistance and support to the Bureau and the Board of Contracting of the Secretariat of State of Culture are passed on to the latter through the Subdirectorate General of Economic and Financial Management.

Finally, and already in the final part of the royal decree, two practical problems are solved that are intimately related to the Royal Decree 257/2012, of January 27. In the second additional provision, one of representativeness in the governing bodies of museums, archives and libraries of ownership and state management, so that in those organs with representation of the Ministry, the one that corresponds, if necessary, The Secretary of State for Culture shall be the responsibility of the Secretary of State for Culture, in cases where he is not present. In the first and second final provisions, because it is not the main object of this royal decree, another also of representativeness, since by means of very specific modifications of two real decrees the performance of the Presidency of the Commission on Health and Drug Control and Monitoring to open the possibility that the President of the High Council of Sport may appoint any person with a rank of Director General or assimilated.

In its virtue, at the initiative of the Minister of Education, Culture and Sport, on the proposal of the Minister of Finance and Public Administrations, and after deliberation by the Council of Ministers at its meeting on 8 February 2013,

DISPONGO:

Single item. Amendment of Royal Decree 257/2012, of 27 January, for which the basic organic structure of the Ministry of Education, Culture and Sport is developed.

Royal Decree 257/2012 of 27 January, for which the basic organic structure of the Ministry of Education, Culture and Sport is developed, is amended as follows:

One. Article 6.1 (a) and (n) shall be worded as follows:

" a) Relations of coordination and cooperation with the Autonomous Communities and Local Corporations, in the field of education, and the promotion of the exchange of information between different educational administrations, as well as the planning, management and monitoring of territorial cooperation programmes and cooperation agreements with the Autonomous Communities. "

"n) Programming and management of actions and plans to promote equal opportunities in access to education, as well as the convening, awarding and awarding of national awards to the study."

Two. Article 7 is worded as follows:

" Article 7. General Directorate of Professional Training.

1. It is for the Directorate-General for Vocational Training to perform the following tasks:

(a) The basic academic management of vocational training courses in the education system and the establishment of vocational training qualifications and courses of specialisation.

(b) the coordination of the coordination in the field of vocational training and lifelong learning and cooperation with the Autonomous Communities and Local Corporations, as well as the planning, management and monitoring of programmes and agreements with educational administrations in the field of vocational training and lifelong learning, all in coordination with the Directorate-General for Regional Assessment and Cooperation.

c) The development of the foundations of the legal system of the teaching public function and the coordination of the policy of the teaching staff.

d) The establishment of guidelines for the issuance of official Spanish vocational training certificates.

e) The approval of the equivalence of qualification scales of foreign qualifications and studies of vocational training and the approval and validation of foreign studies in the field of vocational training.

f) The resolution of convalidations and equivalences of Spanish studies with the vocational training of the Spanish education system.

(g) the drawing up of the training offer applicable to the territory of management of the department in the field of vocational training and the initial vocational qualification programmes, the system of operation of the centres The Commission has also been responsible for the development of the internal market and the coordination of the department's expertise, as well as the support and coordination of the Department's peripheral units in this field and the collaboration in planning the infrastructure and educational equipment needs. coordination with the Directorate-General for Territorial Evaluation and Cooperation.

(h) The preparation of studies, technical work and reports, and the elaboration and implementation of plans for innovation, improvement and promotion of vocational training, as well as measures promoting equality policies, discrimination and universal accessibility.

i) Information and advice and design of strategies for career guidance and training.

j) The management of European Social Fund support.

k) The management of adult education, and the elaboration of the training offer applicable to the territory of management of the Department in this field.

l) The development of studies, reports and technical work, as well as the design and development of measures that guide learning throughout life, both through activities of regulated and non-regulated teaching.

m) Participation and collaboration in international adult education, vocational training and lifelong learning programmes.

n) The updated compilation and maintenance of the National Catalogue of Professional Qualifications.

n) The development of the necessary support instruments for the assessment and accreditation of professional skills acquired through work experience and non-formal training pathways.

2. The following units with an organic level of general sub-direction depend on the Directorate-General for Vocational Training:

(a) The Directorate-General for Guidance and Vocational Training, which shall carry out the tasks assigned to the Directorate-General in paragraphs (a), (c), (d), (e), (f), (g), (i) and (j) of paragraph 1 and, in the field of its powers, the functions of paragraphs (b) and (m) of paragraph 1.

(b) The General Subdirectorate of Lifelong Learning, which shall exercise the functions assigned to the Directorate-General in paragraphs (k) and (l) of paragraph 1 and, in the field of its powers, the functions of paragraphs (b) and (m) of paragraph 1.

(c) The National Qualifications Institute, which shall exercise the functions assigned to the Directorate-General in paragraph 1 (n) and (n). "

Three. Article 8 (4) is worded as follows:

" 4. It is directly dependent on the Secretariat of State for Culture, the Deputy Directorate-General for Economic and Financial Management, which will exercise the functions of assisting the management bodies in the preparation of the procurement files, the processing of of the procedures for the award of contracts and the award of grants, assistance and support to the bureau and the contracting board of the Secretariat of State for Culture, and the processing of budget implementation files. "

Four. Article 10, by deleting paragraph (u) of paragraph 1, and its entry in paragraph 2 (c) of paragraph 2, shall be amended.

Five. Paragraphs (l) and (m) are reworded and paragraphs (p), (q) and (r) are added to Article 11.2 and paragraph (f) is added to Article 11.4.

" 2.l) Assistance and support to the Recruitment Bureau of the Ministry of Education, Culture and Sport and the Secretariat of State for Education, Vocational Training and Universities.

2.m) The impetus and coordination of the information and communications technologies policy of the ministry and its various agencies; the development of the information systems needed for the operation services; administration and management of electronic administration, Intranet, administration and management of institutional social networks, the portal and Internet domains of the department; management and administration of networks voice and data communication in central, peripheral and external services; the advice and assistance to users in the field of information and communications technologies as well as coordination and cooperation with other administrations and bodies of the State in these matters ".

" 2.p) The exercise of powers relating to the operation of bullfighting, the promotion and protection of bullfighting and the secretariat of the National Advisory Committee on Taurus, corresponding to its Presidency to the Minister for Education, Culture and Sport or authority to whom this delegate.

2.q) The planning and implementation of the administrative information policy aimed at the citizen, through the Citizen Information Centre and the telematic services developed for this purpose, as well as the coordination and publication of the digital content of the Department's website, and the coordination of the various institutional social network accounts of the Department and its Autonomous Bodies.

2.r) The organization and management of the department's registry offices. "

"4.f) The Office of Attention to the Citizen, who shall exercise the functions assigned to the Subsecretariat in paragraphs (q) and (r) of paragraph 2."

Six. Paragraphs (r) and (s) of Article 12 (1) shall be deleted from the current point of paragraph (r); paragraph (e) of Article 12 (2) shall be deleted by passing the current (f) to be the paragraph (e), which shall be read as follows:

"(e) The General Subdirectorate of the Protectorate of Foundations, which shall exercise the function assigned to the Technical General Secretariat in paragraph 1 (r)."

Seven. The fifth additional provision is worded as follows:

" Additional disposal fifth. Supply of top organ holders and managers.

In the cases of vacancy, absence or illness, the following regime of supply is established for the higher organs and managers of the Department:

(a) The holders of the Secretaries of State, the Secretariat of the Ministry and the General Secretariat of the Universities will be replaced by the Directors General and General Secretary of the Ministry of Education, the order in which they are mentioned for the first time in this royal decree, unless the hierarchical superior common to all of them expressly establishes another order of substitution.

b) The Directors-General and the Technical Secretary-General of the Department will be replaced by the Deputy Directors General of their dependency, following the order in which they are mentioned for the first time in this royal decree, unless the hierarchical superior common to all of them expressly establishes another replacement order. "

Additional disposition first. Removal of organs.

The General Health Care Subdirectorate is deleted.

Additional provision second. No increase in personnel costs.

The present royal decree may in no way imply a net increase in structure or personnel, providing, exclusively, by the corresponding redistribution of personnel, and its operation will have to be carried out with the material means currently available to the Administration.

Single transient arrangement. Representation of the Secretariat of State of Culture in collegiate bodies.

As long as the composition of the governing bodies of museums, archives and libraries of ownership and state management, with representation of the Ministry of Education, Culture and Sport, is adapted, in cases where it is not the representation to the Secretary of State of Culture shall be understood to mean that the representation, if any, of the holder of the Deputy Secretary of the Ministry of Culture, shall be the responsibility of the Secretary of State for Culture.

Final disposition first. Amendment of Royal Decree 2195/2004, of 25 November, regulating the organic structure and functions of the Superior Council of Sports.

Article 6 (4) is deleted by passing in force 5 to be renumbered as paragraph 4.

Final disposition second. Amendment of Royal Decree 811/2007 of 22 June 2007 determining the structure, composition, functions and operating arrangements of the Health and Doping Monitoring and Monitoring Committee.

Article 6 (2) is worded as follows:

" 2. The Chair of the Board of Health and Doping shall be the Chair of the Commission for the Control and Monitoring of Health and Doping and shall have the rank of Director General or assimilated. The President may be replaced by the holder of one of the vocalias designated by the General Administration of the State with at least the rank of Subdirección General or assimilated or of the Department of the State Anti-Doping Agency, in accordance with the provided for in Article 22.2 of Law 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and the Common Administrative Procedure. '

Final disposition third. 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 February 8, 2013.

JOHN CARLOS R.

The Minister of Finance and Public Administrations,

CRISTOBAL MONTORO ROMERO