Advanced Search

Royal Decree By Which Adapts The Structure And Functioning Of The National Institute Of Advertising Provisions Of The Royal Decree 2258 / 1977, Of 27 August.

Original Language Title: Real Decreto por el que se adapta la estructura y funcionamiento del Instituto Nacional de Publicidad a lo establecido en el Real Decreto 2258/1977, de 27 de agosto.

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

TEXT

THE REAL DECREE TWO THOUSAND TWO HUNDRED AND FIFTY-ONE THOUSAND NINE HUNDRED AND SEVENTY-SEVEN, OF TWENTY-SEVEN OF AUGUST, ON THE ORGANIC STRUCTURE AND FUNCTIONS OF THE MINISTRY OF CULTURE, ADSCRIBE TO THE DEPARTMENT, THROUGH THE SUBCRETARIA, THE AUTONOMOUS AGENCY NATIONAL INSTITUTE FOR ADVERTISING.

THE DECREE THREE THOUSAND HUNDRED AND SIXTY-NINE HUNDRED AND SEVENTY-FOUR, OF 24 OCTOBER, ON INSTITUTIONAL ADMINISTRATION OF THE MINISTRY OF INFORMATION AND TOURISM, ESTABLISHED THE STRUCTURE AND FUNCTIONS OF THE AFOREMENTIONED AUTONOMOUS BODY.

THE NEED TO ADAPT THE COMPOSITION AND FUNCTIONS OF THE GOVERNING BODIES OF THE NATIONAL INSTITUTE OF PUBLICITY TO THE STRUCTURE AND OBJECTIVES OF THE NEW DEPARTMENT, MAKES IT NECESSARY TO DICTATE THE APPROPRIATE STANDARD OF RANK, WHICH AT THE SAME TIME SERVE TO PROMOTE AND PROMOTE THE SCIENTIFIC, TECHNICAL AND ARTISTIC PROGRESS OF THIS IMPORTANT SECTOR OF CULTURAL ACTIVITY.

IN HIS VIRTUE, ON THE PROPOSAL OF THE MINISTER OF CULTURE, WITH THE APPROVAL OF THE PRESIDENCY OF THE GOVERNMENT, AND AFTER DELIBERATION OF THE COUNCIL OF MINISTERS AT ITS MEETING OF THE DAY TEN OF FEBRUARY THOUSAND NINE HUNDRED AND SEVENTY-EIGHT, I HAVE:

ARTICLE FIRST. NATURE AND LEGAL STATUS. -ONE-THE NATIONAL ADVERTISING INSTITUTE IS AN AUTONOMOUS BODY OF GROUP B) OF THOSE PREVENTED IN THE FIRST PARAGRAPH OF THE FIFTH TRANSITIONAL PROVISION OF THE LAW OF AUTONOMOUS STATE ENTITIES OF TWENTY-SIX OF DECEMBER OF A THOUSAND NINE HUNDRED AND FIFTY-EIGHT, ATTACHED TO THE MINISTRY OF CULTURE THROUGH THE SECRETARIAT.

TWO. THE NATIONAL ADVERTISING INSTITUTE IS GOVERNED BY THE PROVISIONS OF THE LAW OF THE LEGAL REGIME OF THE AUTONOMOUS STATE ENTITIES OF TWENTY-SIX OF DECEMBER THOUSAND NINE HUNDRED AND FIFTY-EIGHT; FOR WHICH THEY COMPLEMENT AND DEVELOP IT; BY THE LAW ONCE/A THOUSAND NINE HUNDRED AND SEVENTY-SEVEN OF FOUR OF JANUARY, GENERAL BUDGET; BY LAW SIXTY-ONE-THOUSAND NINE HUNDRED AND SIXTY-FOUR, OF ELEVEN OF JUNE, BY THE PRESENT ROYAL DECREE.

ARTICLE SECOND. FUNCTIONS. -UN.IT SHALL BE FOR THE NATIONAL INSTITUTE OF PUBLICITY THE GENERIC MISSION SPECIFIED IN ARTICLE 20 OF THE LAW OF ELEVEN OF JUNE OF ONE THOUSAND NINE HUNDRED AND SIXTY-FOUR.

TWO. FOR THESE PURPOSES AND SPECIFICALLY, YOU WILL PERFORM THE FOLLOWING FUNCTIONS:

A) THE RESEARCH OF SCIENTIFIC AND TECHNICAL PRINCIPLES OF APPLICATION IN ADVERTISING.

B) THE EDITION OF UNIT PUBLICATIONS OR PERIODICALS IN WHICH THE WORK CARRIED OUT WITHIN THE INSTITUTE IS DISSEMINATED.

C) TO STUDY AND REPORT TECHNICALLY ON THE CONSULTATIONS THAT THE ORGANS OF THE PUBLIC ADMINISTRATION AND THE PROFESSIONAL SECTORS OF ADVERTISING.

D) TO RAISE AWARENESS OF THE VALUE, SCOPE AND IMPORTANCE OF ADVERTISING, AS AN ECONOMIC-SOCIAL AND PSYCHOLOGICAL PHENOMENON AND OF THE RESPONSES TO SOCIETY.

E) TO CONTRIBUTE TO A PERMANENT UPDATE OF THE PRINCIPLES CONTAINED IN THE STATUTE OF ADVERTISING AND TO THE KNOWLEDGE AND DISSEMINATION OF THE PROGRESS OF ADVERTISING IN ALL ASPECTS.

F) TO ENCOURAGE THE PRACTICE OF ADVERTISING SELF-CONTROL, CARRYING OUT COMPARATIVE STUDIES OF THE PROCEDURES USED IN DIFFERENT COUNTRIES TO MAKE THE MOST APPROPRIATE METHODS KNOWN TO THE AGENCIES, ADVERTISERS AND SPANISH MEDIA FOR ITS IMPLEMENTATION.

G) TO ESTABLISH RELATIONSHIPS WITH BUSINESS ORGANIZATIONS AND ADVERTISING PROFESSIONALS WITH THE FACULTIES OF INFORMATION SCIENCES, WITH THE HIGHEST COUNCIL OF SCIENTIFIC RESEARCH AND WITH ALL THOSE OTHER ORGANIZATIONS, NATIONAL OR FOREIGN, WHICH HAVE AS THEIR OBJECT THE STUDY AND RESEARCH IN ADVERTISING.

H) TO CARRY OUT STUDIES AIMED AT THE DEFENSE OF LANGUAGE AND THE UNIFICATION OF ADVERTISING TERMINOLOGIES IN DIFFERENT SECTORS.

I) THE MAINTENANCE OF THE NATIONAL ARCHIVE OF SPANISH ADVERTISING.

J) ADOPT MEASURES FOR THE PROTECTION AND PROMOTION OF ADVERTISING SCIENCES AND TECHNIQUES, INCLUDING THE CONVENING OF NATIONAL ADVERTISING AWARDS AND OTHER AWARDS OR HONOURS WHICH MAY BE INSTITUTED.

K) CONDUCTING SPECIALIZATION AND TRAINING COURSES FOR GRADUATES AND DOCTORS IN INFORMATION SCIENCES, GRADUATES IN OTHER UNIVERSITY FACULTIES, MANAGERIAL STAFF OF ANY QUALIFICATIONS, MIDDLE-TITLE STAFF, AND AUXILIARY STAFF AT THE SERVICE OF ADVERTISING, AS WELL AS MONOGRAPHIC COURSES ON ADVERTISING TOPICS AND ANY OTHER TYPE OF COURSES OR COURSES OF CONFERENCES WITH THESE SAME PURPOSES.

L) TO STUDY AND, WHERE APPROPRIATE, TO CARRY OUT ADVERTISING CAMPAIGNS OF SOCIAL UTILITY, PROMOTED BY THE STATE AND THE COLLABORATION OF THE ADVERTISERS. ADVERTISING AND INFORMATION MEDIA, AS A COMMUNITY SERVICE.

M) CONDUCT STUDIES ON THE NATIONAL SOCIO-ECONOMIC STRUCTURES, WITH A VIEW TO THEIR PROFESSIONAL USE, AND GATHER SYSTEMATIC DATA IN ORDER TO BE ABLE TO FACILITATE THE REQUEST OF ANY INFORMATION RELATED TO ADVERTISING AND WITH THE PUBLIC ' S ATTITUDES TOWARDS IT.

N) TO OBTAIN AND DISSEMINATE DATA ON ADVERTISING INVESTMENTS IN SPAIN AND ABROAD BY MEANS AND SECTORS.

HOW MANY OTHER FUNCTIONS ARE ENTRUSTED TO YOU IN RELATION TO YOUR OWN PURPOSES.

ARTICLE TERCER.ORGANS RECTORS.ARE THE GOVERNING BODIES OF THE NATIONAL INSTITUTE OF PUBLICITY.

ONE. THE BOARD OF TRUSTEES.

TWO. THE STANDING COMMITTEE.

THREE. THE MANAGEMENT OF THE BODY.

FOUR. THE SECRETARY-GENERAL.

ARTICLE QUARTO.THE EMPLOYER. -UN.THE EMPLOYER, WHO SHALL MEET AT LEAST ONCE A YEAR, SHALL BE CONSTITUTED AS FOLLOWS:

PRESIDENT: THE MINISTER OF CULTURE.

VICE PRESIDENT FIRST: THE SECRETARY OF STATE FOR CULTURE.

VICE PRESIDENT: THE DEPUTY SECRETARY OF THE DEPARTMENT.

VICE PRESIDENT: THE DEPUTY DIRECTOR GENERAL OF ADVERTISING AND PUBLIC RELATIONS.

VOCALS:

FIRST. THREE REPRESENTATIVES OF THE BUSINESS SECTORS AND THREE OF THE PROFESSIONAL SECTORS OF THE ADVERTISING ACTIVITY, APPOINTED BY THE PRESIDENT, HEARD FROM THE BOARD OF DIRECTORS, FROM AMONG THOSE PROPOSED, RESPECTIVELY, BY THE DIFFERENT ORGANIZATIONS EXISTING IN THOSE SECTORS.

SECOND. TWO REPRESENTATIVES OF THE CENTRAL ADVERTISING BOARD.

THIRD. TWO REPRESENTATIVES OF THE CENTRAL JURY OF PUBLICITY, IN POSSESSION OF THE TITLE OF DOCTOR OR LICENSED IN LAW.

FOURTH. A PROFESSOR OR ASSOCIATE PROFESSOR OF EACH OF THE FACULTIES OF INFORMATION SCIENCES (ADVERTISING AND PUBLIC RELATIONS SECTION), APPOINTED BY THEM.

QUINTO. A PROFESSOR OF RESEARCH OF THE HIGHER COUNCIL OF SCIENTIFIC RESEARCH, APPOINTED BY THE COUNCIL AMONG THE SPECIALTIES RELATED TO ADVERTISING.

SIXTH. A REPRESENTATIVE OF THE UPPER COUNCIL OF CHAMBERS OF COMMERCE, INDUSTRY AND NAVIGATION.

SEPTIMO.SENTWO REPRESENTATIVES FROM THE MINISTRIES OF GOVERNMENT PRESIDENCY, FINANCE, INTERIOR, PUBLIC WORKS AND URBANISM, EDUCATION AND SCIENCE, INDUSTRY AND ENERGY, TRADE AND TOURISM, ECONOMY, AND HEALTH AND SOCIAL SECURITY.

EIGHTH. REPRESENTATIVES OF THE MANAGEMENT CENTRES OF THE MINISTRY OF CULTURE, APPOINTED BY THE MINISTER OF THE DEPARTMENT.

NOVEN.SIX VOWELS APPOINTED BY THE PRESIDENT OF THE BOARD OF DIRECTORS, ON A PROPOSAL FROM THE OTHER MEMBERS OF THE BOARD, AMONG PERSONS OF RECOGNIZED AUTHORITY IN SCIENCE AND ADVERTISING.

DECIMAL. THE DIRECTOR OF THE NATIONAL PUBLICITY INSTITUTE AND THE SECRETARY-GENERAL OF THE INSTITUTE, WHO WILL ACT AS SECRETARY, WITH VOICE AND NO VOTE.

DOS.ARE PATRONATE FUNCTIONS:

A) TAKE THE UPPER MANAGEMENT OF THE BODY.

B) APPROVE THE BODY ' S ANNUAL ACTION PLAN.

C) APPROVE THE ANNUAL REPORT ON THE MANAGEMENT AND OPERATION OF THE BODY.

D) APPROVE THE AGENCY ' S DRAFT BUDGETS.

ARTICLE QUINTO.THE PERMANENT COMMISSION. -UN.THE STANDING COMMITTEE, CHAIRED BY THE DEPUTY SECRETARY OF THE DEPARTMENT, WHO MAY DELEGATE TO THE DEPUTY DIRECTOR GENERAL OF PUBLICITY AND PUBLIC RELATIONS, WILL BE FOLLOWING VOWELS.

(A) TWO OF THE MEMBERS OF THE BOARD OF DIRECTORS APPOINTED IN ACCORDANCE WITH THE FIRST, SECOND, THIRD AND SIXTH PARAGRAPHS OF ARTICLE 4 OF THIS ROYAL DECREE.

B) ONE AMONG THE DESIGNATED PERSONS IN ACCORDANCE WITH THE FOURTH AND FIFTH PARAGRAPHS OF THE SAME ARTICLE.

C) ONE BETWEEN THE DESIGNATED ACCORDING TO THE SEVENTH PARAGRAPH.

(D) ONE BETWEEN DESIGNATED UNDER THE EIGHTH PARAGRAPH.

E) ONE BETWEEN THE DESIGNATED PURSUANT TO THE NINTH PARAGRAPH.

F) THE DEPUTY DIRECTOR GENERAL OF ADVERTISING AND PUBLIC RELATIONS.

G) THE DIRECTOR OF THE INSTITUTE.

HE WILL ACT AS SECRETARY, WITH VOICE BUT NO VOTE, THE SECRETARY-GENERAL OF THE BODY.

DOS.WILL BE PERMANENT COMMISSION FUNCTIONS:

A) TO DECIDE IN PARTICULAR, ON THE PLANS AND PROGRAMS OF THE INSTITUTE, IN THE FUNCTIONS THAT ARE ATTRIBUTED TO IT.

B) RAISE PROPOSALS FOR THE BOARD OF TRUSTEES ON THE MODIFICATIONS THAT THE PRACTICE ADVISES TO INTRODUCE INTO THE INTERNAL REGIME OF THE AGENCY.

C) RULE THE DRAFT BUDGET FOR SUBMISSION TO THE BOARD OF TRUSTEES FOR APPROVAL.

D) RESOLVE IN THE NATIONAL AWARDS AND COMPETITIONS CALLED BY THE INSTITUTE FOR THE PROMOTION OF ADVERTISING, PROVIDED THAT IN ITS CONVOCATION NO DIFFERENT JURY IS FORESEEN TO DISCERN THE PRIZES.

E) TO PERFORM ALL THE FUNCTIONS DELEGATED TO IT BY THE EMPLOYER.

THREE. THE PERMANENT COMMISSION SHALL MEET EACH MONTH ON A REGULAR BASIS AND ON AN EXTRAORDINARY BASIS AS MANY TIMES AS CONVENED BY ITS PRESIDENT. THESE MEETINGS MAY, AT THE REQUEST OF THE DIRECTOR OF THE INSTITUTE, ATTEND THE HEADS OF THE INSTITUTE TO REPORT ON ITS SPECIFIC ACTIVITIES AND PLANS.

ARTICLE SEXTO.DIRECTOR. -UNO.THE DIRECTOR OF THE NATIONAL INSTITUTE OF PUBLICITY WILL BE APPOINTED BY THE MINISTER OF CULTURE.

TWO. CORREPONDERA TO THE DIRECTOR OF THE NATIONAL ADVERTISING INSTITUTE:

(A) TO EXERCISE AND DEVELOP ALL MANAGEMENT FUNCTIONS WHICH ARE NOT EXPRESSLY ENTRUSTED TO THE BOARD OF DIRECTORS OR THE STANDING COMMITTEE, AS WELL AS THE EXECUTION OF THEIR AGREEMENTS.

(B) ASSUMING THE ORGANISATION OF EXPENDITURE AND PAYMENTS OF THE BODY AS LONG AS THE PROVISIONS IN FORCE DO NOT REQUIRE, AS REGARDS EXPENDITURE, A HIGHER APPROVAL.

C) MONITOR THE ANNUAL MEMORY RELATING TO THE ACTIVITIES OF THE BODY.

(D) TO RAISE THE DRAFT BUDGET AND THE ALLOCATION OF THE APPROPRIATIONS ALLOCATED TO THE BOARD OF TRUSTEES, FOLLOWING A FAVOURABLE REPORT BY THE STANDING COMMITTEE.

E) ASSUME THE ADMINISTRATIVE DIRECTION OF THE AGENCY.

(F) GRANT ON BEHALF OF THE NATIONAL INSTITUTE OF ADVERTISING PUBLIC AND PRIVATE CONTRACTS WHICH REQUIRE THE DEVELOPMENT OF THEIR DUTIES UP TO THE MAXIMUM AMOUNT OF 10 MILLION PESETS.EXCEPT IN THOSE CASES WHERE SUCH CONTRACTS ARE CONCLUDED. GRANT IS SUBJECT TO HIGHER AUTHORIZATION.

G) TO EXERCISE IN PERSONNEL MATTERS THE POWERS CONFERRED ON THE DIRECTORS OF AUTONOMOUS BODIES BY THEIR RESPECTIVE STAFF REGULATIONS.

H) TO GRANT THE SUPPORTING DOCUMENTS FOR THE CARRYING OUT OF WORKS OR STUDIES OF ADVERTISING SPECIALIZATION.

I) TO HOLD THE REPRESENTATION OF THE INSTITUTE IN ALL THOSE BODIES IN WHICH THE INSTITUTE HAS BEEN ESTABLISHED IN CHARACTER AND IN GENERAL IN ALL THE ACTS AND ACTIVITIES MUST BE PRESENT OR HAVE BEEN URGED TO PARTICIPATE ORGANISM.

ARTICLE SEPTIMO.THE SECRETARY-GENERAL. -UNO.THE SECRETARY-GENERAL OF THE NATIONAL PUBLICITY INSTITUTE SHALL BE APPOINTED BY MINISTERIAL ORDER, ON A PROPOSAL FROM THE DIRECTOR, BETWEEN CAREER OFFICIALS OF THE DEPARTMENT OR THE AGENCY.

DOS.ARE FUNCTIONS OF THE SECRETARY GENERAL:

(A) CARRY OUT THE SECRETARIAT OF THE BOARD OF TRUSTEES AND THE STANDING COMMITTEE WITH A VOICE BUT NO VOTE.

(B) AUXILIARY TO THE DIRECTOR IN ALL MATTERS RELATING TO THE FUNCTIONING OF THE BODY, EXERCISING THE FUNCTIONS DELEGATED TO IT.

C) PREPARE THE PREDRAFT BUDGETS.

D) TO ELABORATE, ACCORDING TO THE DIRECTOR ' S GUIDELINES, THE ANNUAL ACTIVITY OF THE INSTITUTE.

E) EXERCISING THE LEADERSHIP OF THE ADMINISTRATIVE SERVICES.

F) REPLACE THE DIRECTOR IN THE CASE OF VACANCY, ABSENCE OR DISEASE.

ARTICLE OCTAVO.PATRIMONIAL REGIME.-THE HACIENDA OF THE NATIONAL ADVERTISING INSTITUTE SHALL BE COMPOSED OF:

(A) SUBSIDIES WHICH ARE RECORDED ANNUALLY IN THE BUDGETS OF THE STATE OR AUTONOMOUS BODIES.

B) DONATIONS, LEGACIES, GRANTS AND ANY OTHER FINANCIAL ASSISTANCE YOU CAN OBTAIN AND THAT YOU VALIDLY ACCEPT.

C) OWN GOODS, BUILDINGS AND TECHNICAL FACILITIES.

D) ANY OTHER RESOURCES THAT THE INSTITUTE RECEIVES FOR ITS LEGITIMATE TITLE, INCLUDING THE SALE OF OWN OR NON-COMMISSION EDITIONS, SUBSCRIPTIONS TO PUBLICATIONS OF THE INSTITUTE, AND SO ON.

ARTICLE NOVEN.CREDIT OPERATIONS. THE NATIONAL ADVERTISING INSTITUTE MAY ARRANGE CREDIT OPERATIONS FOR THE PURPOSES OF ITS PURPOSES, IN ACCORDANCE WITH THE LAW OF THE ELEVENTH HUNDRED AND SEVENTY-SEVEN, OF JANUARY 4.

ARTICLE 13. BUDGET. THE NATIONAL INSTITUTE OF PUBLICITY SHALL BE SUBJECT TO THE BUDGET REGIME LAID DOWN IN THE LAW OF THE ELEVENTH HUNDRED AND SEVENTY-SEVEN, OF FOUR JANUARY, GENERAL BUDGET.

FINAL PROVISIONS

FIRST. THE MINISTRY OF CULTURE WILL DICTATE THE COMPLEMENTARY NORMS THAT WOULD EXEMPT THE DEVELOPMENT AND FULFILLMENT OF THE PROVISIONS OF THIS ROYAL DECREE.

SECOND. REMAINING, UNTIL THE ADDITIONAL RULES PROVIDED FOR IN THE FIRST PROVISION ARE DICTATED, THE ORDER OF ONE OF JULY OF A THOUSAND NINE HUNDRED AND SEVENTY-FIVE, ESTABLISHING THE ORGANIC STRUCTURE OF THE NATIONAL INSTITUTE OF PUBLICITY.

THIRDLY, CHAPTER III OF THE DECREE IS REPEALED THREE THOUSAND HUNDRED AND SIXTY-NINE /THOUSAND NINE HUNDRED AND SEVENTY-FOUR, OF 24 OCTOBER, AND ALL PROVISIONS OF EQUAL OR LOWER RANK ARE OPPOSED TO THE PROVISIONS OF THE PRESENT ROYAL DECREE.

FOURTH. -THIS ROYAL DECREE WILL ENTER INTO FORCE ON THE DAY FOLLOWING ITS PUBLICATION IN THE "OFFICIAL STATE BULLETIN".

GIVEN IN MADRID TO TEN IN FEBRUARY OF A THOUSAND NINE HUNDRED AND SEVENTY-EIGHT. -JUAN CARLOS.-THE MINISTER OF CULTURE, PIO CABANILLAS GALLAS.