FELIPE VI

KING OF SPAIN

To all who present it and understand it.

Sabed: That the General Courts have approved and I come to sanction the following law:

PREAMBLE

I

On October 26, 2012 the Council of Ministers agreed on the creation of the Commission for the Reform of Public Administrations with the mandate to carry out a comprehensive study aimed at modernizing the Spanish public sector, give you greater efficiency and eliminate the duplication that affects you and simplify the procedures through which citizens and businesses relate to the Administration.

The report, which was raised to the Council of Ministers on 21 June 2013, made 218 proposals based on the belief that a competitive economy requires efficient, transparent, agile and efficient public administrations. focused on the service to citizens and businesses. In the same vein, the Spanish National Reform Programme for 2014 establishes the need to promote measures to streamline administrative action, improve efficiency in the use of public resources and increase their productivity.

This conviction is inspired by what is available in article 31.2 of the Spanish Constitution, when it establishes that public expenditure will make an equitable allocation of public resources, and its programming and implementation respond to the efficiency and economic criteria.

As stated in the Report of the Commission for the Reform of Public Administrations (hereinafter CORA), the regulatory regulations of the Public Administrations have gone through different stages. Traditionally, the regulatory rules of the organic aspects of the executive branch were separate from those that disciplined the procedures. This separation ended with Law 30/1992, of November 26, of the Legal Regime of Public Administrations and of the Common Administrative Procedure, which unified in one instrument these matters.

The subsequent normative evolution has been characterized by the profusion of laws, real decrees and other lower-ranking provisions, which have completed the backbone of administrative law. In this way, we now find norms regulating organic aspects, such as Law 6/1997, of April 14, of the organization and functioning of the General Administration of the State; Law 50/1997, of 27 November, of the Government and the Law 28/2006, of July 18, of State agencies for the improvement of public services; and others dealing with both organic and procedural aspects of Law 30/1992, of November 26; or Law 11/2007, of June 22, of access Citizens ' electronic services to public services, to quote the most relevant ones.

It is therefore evident that we need to provide our legal system with a systematic, consistent and orderly administrative right, in accordance with the general project for improving the quality of legislation that inspires the entire report. approved by the CORA. It was preceded by the elaboration of two laws: one, regulatory of the administrative procedure, that would integrate the norms that govern the relationship of the citizens with the Administrations. Another, understanding the legal regime of the Public Administrations, where the provisions that discipline the institutional public sector would be included. In this context, a comprehensive reform of the organization and functioning of the administrations is addressed in two fundamental axes: the management of the ad-extra relations between the administrations with the citizens and businesses, and the ad-regulation. intra the internal functioning of each Administration and the relationships between them.

This law responds to the second of the above mentioned axes, and covers, on the one hand, the basic legislation on administrative legal arrangements applicable to all public administrations; and on the other hand, the specific legal system of the General Administration of the State, where the so called Institutional Administration is included, as well as the State Administration. This Law also contains the systematic regulation of the internal relations between the administrations, establishing the general principles of action and the techniques of relation between the different public subjects. The system of ad intra and inter-administration relations, which is complemented by its budgetary rules, is thus systematised, notably by highlighting the Organic Law 2/2012 of 27 April on budgetary stability and Financial Sustainability, Law 47/2003, of November 26, General Budget and the annual laws of the State General Budget.

The Law of the Government, which specifically specifies the head of the executive power of the nation, of nature and eminently political functions, must be kept separate from the rule of law. Public Administration regulator, directed by the public administration. In accordance with this criterion, this Law amends that, in order to extract those matters which, because they are more specific to the organization and functions of the members of the government as to which administrative bodies, should be regulated in this legal text.

The CORA report recommends reforming the administrative legal order not only for reasons of normative coherence and legislative policy. Public administrations, far from being an obstacle to the lives of citizens and businesses, must facilitate individual freedom and the development of personal and business initiatives. To this end, it is essential to establish a regulatory framework to prevent the creation of unnecessary or redundant bodies or entities, and to ensure the effectiveness and efficiency of public authorities, exercising continuous supervision over them. assess the achievement of the objectives that justified its creation, and question its maintenance when those objectives have been exhausted or otherwise more efficient to achieve them.

The Organization for Economic Cooperation and Development (OECD) has valued the administrative reform undertaken by the CORA in a very positive way. In the report issued on her, she points out that the reform package is the result of a rigorous process of data collection, dialogue between professionals and the diagnosis of the weaknesses of the Spanish Public Administration. It considers the OECD as the set of policy issues included in the reform (e.g. e-government, multi-level governance relations, good regulation, budgetary reforms), together with the parallel initiatives taken in the two In recent years in areas such as budgetary stability, transparency and democratic regeneration, one of the most ambitious reform processes in an OECD country is explained. This Law, therefore, does not represent the only normative instrument that materializes the reform, but it does constitute, together with the one that will discipline the administrative procedure, parallel processing, and the already approved on transparency and good government and budgetary stability, the cornerstone on which the Spanish Public Administration of the future will be built, at the service of the citizens.

II

The Law begins by establishing, in its general provisions, the principles of performance and functioning of the Spanish public sector.

Among the general principles, which should be respected by all the public administrations in their actions and in their reciprocal relations, in addition to the ones already mentioned in the Spanish Constitution of effectiveness, hierarchy, decentralization, deconcentration, coordination, and full submission to Law and Law, highlights the incorporation of transparency and planning and direction by objectives, as exponents of the new criteria to guide the action of all administrative units.

The Law collects, with the necessary adaptations, the rules so far contained in Law 11/2007, of 22 June, regarding the electronic operation of the public sector, and some of those foreseen in the Royal Decree 1671/2009 of 6 November 2009, for which the former is partially developed. This includes matters which require unitary regulation, as is the case with an environment in which the use of electronic means must be the usual, such as electronic signatures and signatures, the electronic exchange of data in closed environments for communication and automated administrative action. It also lays down the obligation for public administrations to relate to each other by electronic means, which is subsequently developed in the title relating to inter-administrative cooperation by means of a regulation. specific to the electronic relations between the administrations. To this end, the interoperability of electronic means and systems and the joint provision of services to citizens is also envisaged as a new principle of action.

The enumeration of the principles of operation and performance of the Public Administrations is completed with those already covered by the current regulations of responsibility, quality, safety, accessibility, proportionality, neutrality and service to citizens.

The Preliminary Title regulates in detail the regime of the administrative bodies, based on the current regulations contained in Law 30/1992, of 26 November, in which certain novelties are incorporated. The establishment of bodies may be made only after verification that there is no duplication with the existing bodies. The forecasts on the organs of the consultative administration are completed and the regulation of the collegiate bodies, in particular those of the General Administration of the State, is improved, highlighting the generalization of the use of electronic means to enable them to establish themselves, to hold their meetings, to adopt agreements, to draw up and to forward the minutes of their meetings.

The principles relating to the exercise of sanctioning powers and those governing the patrimonial liability of public administrations are also incorporated in this Title. Among the most notable developments in this area, they deserve special mention of the changes introduced in the regulation of the so-called "patrimonial responsibility of the State of Law" for the injuries suffered by individuals in their property and rights deriving from laws declared unconstitutional or contrary to the law of the European Union, specifying the conditions to be fulfilled so that the appropriate compensation can be made, where appropriate.

Finally, the Administrative Conventions are regulated in the Preliminary Title, along the lines set out in Opinion 878 of the Court of Auditors of 30 November 2010, which recommended systematising its legal framework and typology, lay down the conditions for their validity, and impose the obligation to refer them to the Court itself. In this way, a full regime of the conventions is developed, which fixes its minimum content, classes, duration, and extinction and ensures its control by the Court of Auditors.

III

In relation to the State Administration, the Title is first part of the regulation contained in Law 6/1997, of April 14, applying certain improvements that the time has revealed necessary. The higher bodies and managers of the ministerial structure are established, as well as in the field of peripheral and external administration. In the case of public bodies, their statutes shall be established by their governing bodies.

The Law regulates the Ministries and their internal organization, on the basis of the following bodies: Ministers, Secretaries of State, Undersecretaries, General Secretaries, Technical Secretaries, Directors General and Deputy Directors General.

The functions of the Ministers which, up to now, were dispersed in other rules or which were inherent in the exercise of certain functions, such as concluding in the field of their competence, contracts and agreements, are integrated into this Law. authorising budgetary changes; deciding on the representation of the Ministry in the collective bodies or working groups; giving the department's account to the Court of Auditors; and resolving the administrative resources presented to it. the senior organs and managers of the Department. The Law partially reorders the competences between the higher organs, Ministers and Secretaries of State, and directors, Deputy Secretaries, General Secretaries, Technical Secretaries General and Directors General of the Ministries, attributing to certain organs as their own functions which hitherto were usually delegated to them. With the aim of enabling the management improvement measures proposed in the CORA report, a new competition is attributed to the Undersecretaries: the adoption and promotion of measures aimed at the centralised management of resources and resources. materials in the scope of your Department.

The Secretariat of the Ministry of the Presidency is also expressly attributed, in coordination with the General Secretariat of the Presidency of the Government, to the responsibilities of the departments of the Departments in relationship with the area of the Presidency of the Government. It should be remembered that, since it is an area outside the structure of the ministerial department itself, this attribution exceeds the royal decree in which the organic structure of that department is fixed.

In order to prevent the proliferation of centers responsible for the provision of administrative services in each entity or unit, and to facilitate the provision of administrative services by specialized agencies at the Ministry or in a way For the entire Administration, the possibility is provided for the organization and management of the common services of the Ministries and dependent entities to be coordinated by the Ministry of Finance and Public Administrations. public body; or by the Secretariat of each department.

IV

On the basis of the regulation of the Peripheral Administration contained in Law 6/1997, the Law regulates the organs of the General Administration of the State of territorial character, the Delegates and Subdelegates of the Government. As the main new developments regarding the current regulation, the following issues stand out.

As for the Government's Delegates, its political and institutional role is strengthened, they are defined as governing bodies, and its appointment will be based on criteria of professional competence and experience, application to the performance of their duties as set out in Title II of Law 19/2013, of December 9, of transparency, access to public information and good governance.

The regulation of your supply, vacancy or illness is improved, corresponding to the Subdelegate of the Government that the Delegate designates. If the designation has not been formally made, and in the case of a single-provincial Community without Subdelegation, the supply shall be borne by the Secretary-General.

The competencies of the Government's Delegates, which until now were collected in various precepts, become regulated in a single article, systematizing them into five categories: management and coordination competencies; information on the action of the Government and its citizens; coordination and collaboration with other public administrations; competences related to the control of legality; and competences related to the development of public policies.

It is expressly stated in the Law that the Government's Delegates in Law 33/2003 of 3 November, a Heritage of Public Administrations, are responsible for the coordination of the uses of the buildings of the General Administration of the State in its scope of action, in accordance with the guidelines established by the Ministry of Finance and Public Administrations and the General Directorate of State Heritage.

With regard to the Government Subdelegates, the qualification requirements for being appointed Deputy Government Delegate are concretized, in such a way that the working sub-group to which it must belong is now indicated. With regard to the competencies of the Government's Subdelegates, and as a new issue, it is attributed to them to coordinate the use of the material means and, in particular, of the administrative buildings in the field of their province.

The existence of an organ that has been revealed as fundamental in the management of delegations and sub-delegations, the General Secretariat, which is responsible for carrying out the common services and which will depend on it, is legally collected. the functional areas. It is also established at the legal level that the legal assistance and financial control of the Delegations and Subdelegations of the Government will be exercised by the State Advocate and by the General Intervention of the State Administration, respectively, a matter previously governed by regulatory regulations.

The Law also expressly provides for the existence of the Inter-Ministerial Commission for the Coordination of the Peripheral Administration of the State, whose powers, composition and functioning will be the subject of regulatory regulation.

With regard to the General Administration of the State abroad, a reference is made to Law 2/2014 of 25 March of the Action and of the State's Foreign Service, and to its implementing legislation, declaring the application of this Law.

V

In the area of the so-called Institutional Administration, the Law culminates and makes effective the conclusions reached in this area by the CORA and which reflect the need to comply with the provisions mentioned above. Article 31.2 of the Constitution, which mandates that public expenditure make an equitable allocation of public resources, and that its programming and implementation meet the criteria of efficiency and economy. In line with this mandate, Article 135 of the Constitution provides that all public administrations will adapt their actions to the principle of budgetary stability.

The permanent need for adaptation of the Institutional Administration is appreciated with the mere analysis of the legal regulation of the entities that compose it. A panorama in which different laws have been passed in a successive way, which from different perspectives have designed the normative framework of the auxiliary entities that the State has.

First, the fundamental legal regulation of the different types of public entities and entities dependent on the State is provided for in Law 6/1997 of 14 April, which differentiates three types of entities: Self-employed persons, Public Entities and State Agencies, category which was subsequently added. Each of these public bodies has a specific regulatory framework, which usually consists of a reference in the law of creation and a subsequent regulatory development dictated by the adoption of the corresponding statutes.

However, the apparently general framework is challenged by the provision laid down in the additional provision of Law No 6/1997 of 14 April, which excludes certain entities from applying the provisions of the Law of 14 April 1997. The law is applied only in an extra way. This exception highlights the main obstacle in the regulatory clarification of these entities, which is none other than the posting of the common law to the benefit of a special right normally linked to a perception of a sector of activity, social or corporate, which through specific legislation achieves a legal framework that is more responsive to its needs.

After Law 6/1997 of April 14, the functional decentralization of the State quickly recovered its tendency to diversity. First, by the passage of Law 50/2002, of December 26, of Foundations. It designs the regime applicable to foundations formed mainly by entities of the state public sector, applying the foundational technique to the field of public management.

From another perspective, based on the analysis of the activity carried out by the different entities, the current system has been regulated by Law 47/2003 of 26 November, General Budget, the whole of the so-called "sector". "State public", which consists of three sectors: First, the Administrative Public Sector, which is constituted by the General Administration of the State; the autonomous agencies that are dependent on the General Administration of the State; management, common services and mutual partners with social security in their public function of collaboration in the management of social security; the bodies with a differentiated allocation in the general budget of the State which, lacking legal personality, are not integrated into the General Administration of the State but they are part of the State public sector; state entities governed by public law and consortia, where their acts are directly or indirectly subject to the decision-making power of a State body, their principal activity does not consist of production on the market of goods and services and not financed mainly by income trade. Second, the Business Public Sector, which is constituted by public entities, dependent on the General Administration of the State, or any other public bodies linked or dependent on it; State-owned commercial enterprises, as defined in Law 33/2003 of 3 November, of a Heritage of Public Administrations; and State entities governed by public law other than those in the Administrative Public Sector and the included in the. Third, the Foundation Public Sector, constituted by the foundations of the state public sector, defined in Law 50/2002, of December 26.

The next regulatory milestone was Law 33/2003 of 3 November, which regulates the so-called "business estate of the General Administration of the State", which is formed by the public entities, which are the Chapter III of Title III of Law 6/1997 of 14 April, entities governed by public law whose revenue comes from, at least 50%, transactions carried out on the market; and state commercial companies.

The concern for the suitability of the public authorities and the willingness to address their reform led to the approval of Law 28/2006, of July 18, of State Agencies for the Improvement of Public Services, by which I believe this new type of entity. The priority objective of this Law was to establish mechanisms of responsibility in the management and management of new public bodies, linking the remuneration system to the achievement of its objectives and recognizing a greater margin of discretion. in budgetary management.

The Law authorized the creation of 12 Agencies, although only 7 of them have been established so far, and the Spanish Agency for Medicines and Health Products, authorized in another Law.

The aim of the reform was to establish the Agency as a new public body model, but it was born with limited effectiveness. The fifth additional provision of the Law authorized the Government to transform into Agency the Public Bodies whose objectives and activities were in accordance with its nature, which implied the recognition of the existence of entities that, for not (a) to comply with this requirement, they would not require transformation, and would remain in their status as Autonomous Bodies, Business Entities or entities with special status. However, the seventh additional provision ordered the granting of the status to all public bodies of future creation "on a general basis".

For all this, it cannot be said that the objectives of the Law have been reached, even after more than six years of validity, because its subsequent development has been very limited, and because the measures of control of public expenditure have neutralised the claim to provide agencies with greater financial autonomy.

Other standards have been addressed with greater or lesser scope, to the scope and category of the public sector. It is the case of Law 30/2007, of October 30, of Public Sector Contracts, which differentiates between the "Public Sector" and "Public Administrations", introducing the concept of "contracting authorities". Distinction also taken in the subsequent Royal Legislative Decree 3/2011 of 14 November, approving the recast text of the Law on Public Sector Contracts.

Law 2/2011, of 4 March, on Sustainable Economy, carried out a special and special regulation for the six existing regulatory bodies, with particular attention to ensuring their independence from the market players. Subsequently, Law 3/2013, of 4 June, of the creation of the National Commission of the Markets and the Competition integrated in this supervision up to seven pre-existing ones. We even find that the Organic Law 2/2012, of 27 April, of budgetary stability and financial sustainability, in order to avoid interpretative doubts, refers to the definition of the "public sector" "at the community level".

The project of administrative reform launched addresses the situation of the instrumental entities in two directions: concrete measures of rationalisation of the state public sector, foundational and entrepreneurial, that have been This is a matter of course for the future of the Council of Ministers, which has been implemented in successive Council of Ministers ' Agreements, and in other provisions; and the reform of the law applicable to them, which is embodied in this Law, and which has already been introduced in the recent Law 15/2014, 16 of September, of rationalization of the Public Sector and other measures of administrative reform, which modified the legal status of the consortia.

Taking into account all of these background, the Law establishes, first, two basic norms for all Public Administrations. On the one hand, the obligation to register the creation, transformation or extinction of any entity member of the institutional public sector in the new Inventory of State, Autonomous and Local Public Sector Entities. This registration will be a necessary requirement to obtain the definitive tax identification number of the State Tax Administration Agency. This Register shall provide complete, reliable and public information on the number and types of public bodies and entities existing at any time. On the other hand, all administrations are obliged to have a system of continuous supervision of their dependent entities, which involves the periodic formulation of proposals for transformation, maintenance or extinction.

Already within the scope of the General Administration of the State, a new classification of the state public sector is established for the bodies and entities that are created from the entry into force of the Law, clearer, orderly and simple, as they are reduced to the following types: public bodies, which include the self-employed and the business public entities; independent administrative authorities, state commercial companies, consortia, foundations of the public sector and funds without legal personality. The goal is to systematize the current state-wide regime and improve it by following the guidelines outlined below.

first of all, preserving the positive aspects of the regulation of the different types of entities, so as to promote the programming of objectives, the control of the efficiency of the public authorities and the maintenance of the strictly necessary for the performance of the functions legally entrusted to the public sector.

Secondly, by deleting the specialties which, without much justification, led to the exception of the application of administrative controls which must exist in all public action, in what has been called the "escape from administrative law". The flexibility in management must be compatible with the control mechanisms of the management of public funds.

And, thirdly, devoting sufficient attention to the supervision of public authorities and their transformation and extinction, subjects which, as a matter of fact, had not demanded a detailed regime in the past. This solves one of the main shortcomings of the Law of Agencies: the absence of a true external evaluation of the entity, which allows to judge whether it remains the most efficient and effective way to meet the objectives pursued by the its creation and to propose alternatives in case it is not so.

In this way, two types of controls are established for entities in the state public sector.

A continuous supervision, from its creation to its extinction, by the Ministry of Finance and Public Administrations that will monitor the concurrency of the requirements provided for in this Law.

An effectiveness check, focused on the fulfilment of the entity's own objectives, which shall be exercised annually by the Department to which the entity or body is attached, without prejudice to the control of the financial economic management pursued by the General Intervention of the State Administration.

This system, which follows the best practices of comparative law, will allow an ongoing evaluation of the survival of the reasons that justified the creation of each entity and its future sustainability. This will avoid having to reiterate in the future the exhaustive analysis that the CORA had to carry out in order to identify the unnecessary or redundant entities that are in the process of extinction.

The regulation of the administration's own means and technical services is incorporated into the law, in accordance with what is currently established in the law of public sector contracts. As a novelty, the creation of a means of its own or its declaration as such must be preceded by a justification, by means of a memory of the general intervention, that the entity is sustainable and effective, according to the criteria of economic profitability, and that it is a more efficient option than public procurement in order to have the service or supply the provision of which corresponds to it, or other exceptional reasons justifying its existence, such as security public or the urgency of the need for the service. These entities should also be identified by means of an acronym "MP", for greater legal certainty. These requirements will apply to both the future and the existing media, with a period of six months for their adaptation to be established.

Under the name of "public bodies", the Law regulates the autonomous agencies and public entities in the state public sector.

Public bodies are defined as those that are dependent on or linked to the General Administration of the State, either directly or through another public body, whose characteristics justify their organization under the rule of law. of functional decentralization or independence, and which are created for the performance of administrative activities, be of promotion, provision, management of public services or production of goods of public interest susceptible to consideration, as well as activities of economic content reserved for the Administrations Public. They have distinct public legal personality, their own assets and treasury, as well as management autonomy, and they correspond to the precise administrative powers for the fulfillment of their purposes, except for the expropriation of power.

A common organizational structure is established in the field of the state public sector, articulated in government, executive, and effective control bodies, corresponding to the Minister of Finance and Public Administrations. classification of the entities, in accordance with their nature and the criteria set out in Royal Decree 451/2012 of 5 March 2012, which regulates the remuneration of the maximum responsible and managers in the business and other public sector entities.

In general, the creation of public bodies is more demanding when submitting to the following requirements: on the one hand, the elaboration of a plan of action with a minimum content that includes an analysis of efficiency and reasons for the creation; justification of the proposed legal form; determination of the objectives to be met and the indicators to measure them; accreditation of the absence of duplication, etc. And, on the other hand, a mandatory report from the Ministry of Finance and Public Administrations.

According to the rationalisation criterion set out above for the entire General Administration of the State, the existing bodies in the State public sector and those of new creation will apply a sharing of the common services, unless the decision not to do so is justified in the memory accompanying the creation rule for reasons of efficiency, in accordance with Article 7 of the Organic Law 2/2012 of 27 April 2012, Budget and Financial Sustainability, national security or when the organization and shared management affect services to be provided autonomously in the context of the independence of the body.

For the first time, a regime of transformations and mergers of public bodies of the same legal nature is included for the state public sector, either through its extinction and integration into a new public body, or by its absorption by another existing one. The merger will be carried out by a regulatory standard, even if it involves modification of the law of creation. Greater control is established for the transformation of an autonomous body into a state mercantile society or in the foundation of the public sector, in order to avoid the phenomenon of the flight of controls of administrative law, for which the drawing up a report that justifies it and a report on the General Intervention of the State Administration. Instead, the transformation of state mercantile societies into autonomous bodies, which are subject to more intense controls, is facilitated.

The dissolution, liquidation and extinction of public bodies are also regulated at the state level. In this sense, the causes of dissolution are detailed, including the situation of financial imbalance during two consecutive budgetary exercises, a circumstance that does not operate automatically, in order to be corrected by means of a plan drawn up for this purpose.

The process of dissolution is agile, as an agreement of the Council of Ministers is sufficient. An administrative body or an institution of the public institutional sector shall be designated as liquidator, the responsibility of which shall be directly borne by the Administration designated by it, without prejudice to the possibility of repeating against the latter when there would be legal cause for it.

Published the dissolution agreement, the settlement starts automatically, and will take place by cession and global integration of all the assets and liabilities of the agency in the General Administration of the State, which will succeed the entity extinguished in all its rights and obligations. Formalized settlement will result in automatic extinction.

As for the typology of the State institutional sector, the Law provides for the following categories of entities: public bodies, comprising autonomous agencies and public entities; independent administrative authorities; state commercial companies; public sector foundations; consortia; and funds without legal personality. The chapters corresponding to each type define their legal, economic, financial, budgetary, hiring and personnel arrangements. The autonomous bodies develop activities derived from the public administration itself, as distinct and dependent instrumental organizations, while the business public entities are qualified by (a) to conduct administrative and lending activities, the management of services or the production of goods of public interest, which may be subject to consideration. The independent administrative authorities have assigned external regulatory or supervisory functions to a particular sector or economic activity, for which they must be provided with functional independence or special autonomy with regard to the General Administration of the State, which must be determined in a rule with a law. In the light of this peculiar idiosyncrasies, they are governed in the first place by their special rules, and, as soon as they are compatible with their nature and functions, they are bound by this Law.

The concept of state mercantile societies currently in force in Law 33/2003 of 3 November, regarding which it is included as new that the responsibility applicable to the members of its councils of the administration appointed by the General Administration of the State shall be directly assumed by the appointing authority. All this, without prejudice to the fact that the administrator's responsibility for the damage caused when he or she has been involved, or serious fault or negligence, may be required.

The Law establishes the legal status of consortia as a basic rule, since it is a regime which, by definition, will affect all public administrations, along the lines of the modifications made by the Law 15/2014, of 16 September, of rationalization of the Public Sector and other measures of administrative reform. The creation of a consortium involving the General Administration of the State must be provided for in a law and preceded by the authorization of the Council of Ministers. The consortium is constituted by the corresponding convention, to which the statutes must be accompanied, an action plan of equal content to that of the public bodies and the favourable preceptive report of the competent department in the Public finances or the general intervention concerned. The consorted entities may agree, with the majority laid down in the statutes, or in the absence of a statutory provision, by unanimity, the global transfer of assets and liabilities to another entity legally appropriate for the purpose of maintaining the continuity of the activity and achieve the objectives of the consortium that is liquid. Its dissolution is automatic by agreement of the consortium's highest governing body, which will appoint an organ or entity as liquidator. The liability of the public employee who is appointed liquidator shall be assumed by the entity or the Administration that has appointed him, without prejudice to the actions that the entity may exercise to, if necessary, repeat the responsibility. Finally, it should be noted that the budgetary rigour of the consortia which will be subject to the system of budgeting, accounting and control of the public administration to which they are attached is made and will therefore be integrated or, where appropriate, accompany the budgets of the Administration of membership in the terms laid down in its rules.

The legal regime of the foundations of the state public sector is established, maintaining the fundamental lines of Law 50/2002, of December 26, of Foundations. The creation of the foundations, or the acquisition of form over this legal form, will be carried out by law. Provision should be made for the possibility that the private sector may have a non-controlling interest in the assets of the foundations of the public sector. As a novelty, the system of public adscription of foundations and protectorate is established on a basic basis.

In this Title, the funds lacking legal personality in the state public sector are regulated by the latter, a figure whose frequent use demanded the establishment of a legal regime, and which must be created by law.

VI

Title III establishes a complete system of relations between the various public administrations, which must be subject to new guiding principles, the latter of which is found in Articles 2, 14 and 138 of the Treaty. Constitution, such as the adequacy of the system of distribution of competences, interterritorial solidarity, programming and evaluation of results and respect for the equal rights of all citizens.

Following constitutional case law, two key principles of relations between administrations are defined and differentiated: cooperation, which is voluntary and coordination, which is mandatory. On this basis the different bodies and ways of cooperating and coordinating are regulated.

The techniques of cooperation and in particular the organic nature, among which the Conference of Presidents, which is regulated for the first time, the Sectoral Conferences and the Commissions, are developed widely. Bilateral Cooperation. Within the functions of the Sectoral Conferences, it stands out as a novelty to be informed about bills of laws and the draft regulations of the Government of the Nation or the Councils of Government of the Autonomous Communities, when directly affect the competence of the other public authorities or where it is provided for in the relevant sectoral rules. This is intended to enhance joint planning and avoid the occurrence of duplication.

It is clarified that the Sectoral Conferences will be able to adopt recommendations, which imply the commitment of those who have voted to guide their actions in this matter in the agreed sense, with the obligation to motivate their monitoring; and agreements, which may take the form of joint plans, which will be binding on all non-dissenting members, and which will be enforceable in the face of the administrative-administrative jurisdictional order. Where the General Administration of the State exercises coordination functions, in accordance with the constitutional case-law, the agreement shall be binding for all administrations of the sectoral conference.

The possible electronic operation of these organs is foreseen, which will favor the calls of the Sectoral Conferences, which may be more frequent, saving costs of displacement.

Within the duty of collaboration are the assumptions in which assistance and cooperation can be denied by the required Administration, and the techniques of collaboration are concretized: the creation and maintenance of integrated information systems; the duty of assistance and assistance to meet the requests made by other administrations for the best exercise of their powers and any other provided for in the Law. However, the duty of cooperation to which the public authorities are subject shall be subject to the provisions laid down in the applicable specific rules.

A State Electronic Register of Organ and Cooperation Instruments is created with a constitutive effect so that the information on the cooperation bodies can be generally known, reliably, and coordination in which the General Administration of the State and its public bodies and related or dependent entities participate, and which conventions are in force at any time.

Legal response is also given to the competing interrelationships that have been developing over the last few years, encouraging the voluntary creation of integrated or complementary services, in which each administration take into account the competencies of other public administrations and know their projects to improve the efficiency of the entire administrative system.

The availability of more and more integrated electronic information systems is also enhanced, as has been highlighted by Law 20/2013 of 9 December, a guarantee of the market unit.

The additional provisions of the Law include, among other matters, the mention of the Administration of the Historical Territories of the Basque Country, the Government Delegates in the Cities of Ceuta and Melilla, the structure of the In the case of small islands, relations with the cities of Ceuta and Melilla, the adaptation of public bodies and existing entities, the shared management of common services of existing public bodies, the transformation of the existing own resources, the state register of bodies and instruments of cooperation, the adaptation of the existing conventions, the sectoral electronic administration commission, the adaptation to the consortia in which the State participates, the conflicts of intra-ministerial attributions, as well as the legal regime of the Banco de España, the Harbour Authorities and Ports of the State, the managing entities and common services of the Social Security, the State Agency of Tax Administration and the military organization, unique whose peculiarities justify a treatment separated.

The transitional provisions set out the regime applicable to the existing institutional public sector in the entry into force of the Law, as well as the rules applicable to the procedures for the elaboration of current rules.

The single repeal provision contains the rules and the provisions of equal or lower rank that are repealed.

Among the final provisions is the modification of the government regulation contained in Law 50/1997 of 27 November; also amended Law 33/2003, of November 3; the competition titles are established on the basis of which the Law is dictated, the enabling for its normative development; and the entry into force, scheduled for one year after the publication of the Law in the "Official State Gazette".

The changes introduced in the current Government Law are a series of important new developments. Thus, the regime of the members of the government is adapted to the provisions of Law 3/2015, of March 30, regulating the exercise of the high office of the General Administration of the State. As regards the President of the Government, the Vice-Presidents and the Ministers, technical improvements are made to the procedure and formalities of the cessation. If there are no portfolio ministers, Royal Decree will determine the scope of their competencies, the administrative structure, as well as the material and personal means that are attached to these bodies.

In addition, the assistance of other senior officials to the Council of Ministers is exceptionally foreseen, when they are called, a possibility that until now was only contemplated with respect to the Secretaries of State.

The regime of the supply of the members of the Council of Ministers is relaxed, since the temporary interruption of the attendance of the Ministers to the meetings of a collegiate body will not be considered absent. In such cases, the functions that may correspond to the member of the Government during that situation shall be exercised by the following authority in the present range.

The Royal Decree of the creation of each of the Government's delegated commissions will have to regulate, in addition to other issues, the internal operating system, and in particular the system of calls and requests. In this way, the regime of such organs is completed.

An enabling of the government to define certain issues, such as the regulation of precedence in the official acts of the holders of the constitutional powers and the institutions, is also contemplated. national, autonomous, ministerial departments and internal organs of these, as well as the regime of the government's former presidents.

According to the purpose of the telematic processing to reach all levels of government, the Minister of the Presidency is expected to be able to issue instructions for the handling of cases before the collegiate bodies of the Government to regulate the possible documentation of proposals and agreements by electronic means.

The organs of collaboration and support for the government remain the same as in the current regulations: the General Commission of Secretaries of State and Undersecretaries, Government Secretariat and Govern ment of the President of the Government, Vice-Presidents, Ministers and Secretaries of State. The Law introduces improvements in the functioning of these bodies, in particular by attributing to the General Commission of Secretaries of State and Undersecretaries the analysis or discussion of those matters which, without being the competence of the Council of Ministers or their Delegated committees, they concern various ministries and are submitted to the Commission by its President.

The functions of the Secretariat of the Government as a support body for the Minister of the Presidency, the Council of Ministers, the Government's Delegation Committees and the General Commission of the Secretaries of State and Undersecretaries, and are entrusted to others that are related to the administrative processing of the sanction and actual enactment of the Laws, the expedition of the Royal Decrees, the processing of the acts and dispositions of the King whose endorsement corresponds to the President of the Government or to the President of the Congress of Deputies and the processing of the acts and provisions which the legal system attributes to the competence of the President of the Government, among others.

Regarding the functioning of the Council of Ministers, the regulation of the possibility of the possibility of having the power, on the proposal of the President of the Government, the powers whose decision corresponds to the Commissions, stands out as novelty. Government delegates.

Finally, Title V of the Government Law is amended, with two purposes.

First, the procedure through which the legislative initiative and the regulatory authority is exercised is reformed, in line with the principles established in general for all administrations in the Law of Administrative procedure and involving the elaboration of an Annual Plan Normative; the realization of a public consultation prior to the drafting of the proposals; the reinforcement of the content of the Memory of the Analysis of Impact Regulations; the assignment of functions to the Ministry of the Presidency to ensure quality rules; and ex post evaluation of approved standards.

These important developments, as well as the initiatives carried out on Better Regulation in the European Union, also follow the recommendations made by the Organisation for Cooperation and Cooperation in this field. Economic Development (OECD) in its report issued in 2014 "Spain: From Administrative Reform to Continent Improvement". It is the Communication of the European Commission to the Council of 25 June 2008 (A "Small Bussess Act" for Europe) which includes the recommendations of setting specific dates for the entry into force of any rules affecting small and medium-sized enterprises. medium-sized enterprises, a proposal that is incorporated into state legislation and which will help to increase legal certainty in our economic activity.

In the second place, the article dedicated to the control of the Government of Title V, in which it was improperly found, is extracted, so that it becomes a specific one with this exclusive content, with a wording more in line with the regulatory rules of the administrative-administrative jurisdiction.

PRELIMINARY TITLE

General provisions, principles of action and operation of the public sector

CHAPTER I

General provisions

Article 1. Object.

This Law establishes and regulates the bases of the legal system of public administrations, the principles of the system of responsibility of the Public Administrations and of the sanctioning authority, as well as the organization and the functioning of the General Administration of the State and its institutional public sector for the development of its activities.

Article 2. Subjective Scope.

1. This Law applies to the public sector, comprising:

a) The General Administration of the State.

(b) The Administrations of the Autonomous Communities.

c) The Entities that integrate the Local Administration.

d) The institutional public sector.

2. The institutional public sector is integrated by:

(a) Cuestas public bodies and public law entities linked to or dependent on public administrations.

(b) Private law entities linked or dependent on public administrations which will be subject to the provisions of this Law which specifically refer to them, in particular to the principles of provided for in Article 3, and in any case where they exercise administrative powers.

(c) The public universities to be governed by their specific rules and supplanted by the provisions of this Law.

3. The General Administration of the State, the Administrations of the Autonomous Communities, the Entities that make up the Local Administration, as well as the public bodies and entities of law, have the consideration of Public Administrations. (a) the public referred to in point (a) of paragraph 2.

Article 3. General principles.

1. The Public Administrations serve with objectivity the general interests and act in accordance with the principles of effectiveness, hierarchy, decentralization, deconcentration and coordination, with full submission to the Constitution, to the Law and to the Right.

You must respect the following principles in your performance and relationships:

a) Effective service to citizens.

b) Simplicity, clarity and proximity to citizens.

c) Participation, objectivity and transparency of administrative action.

d) Streamlining and agility of administrative procedures and material management activities.

e) Good faith, legitimate trust and institutional loyalty.

f) Responsibility for public management.

g) Planning and direction for objectives and control of the management and evaluation of public policy outcomes.

h) Effectiveness in meeting the objectives set.

i) Economy, sufficiency and tight media adequacy for institutional purposes.

j) Efficiency in the allocation and use of public resources.

k) Cooperation, collaboration and coordination among public administrations.

2. Public Administrations shall relate to each other and to their bodies, public bodies and related or dependent entities through electronic means, which ensure the interoperability and safety of the systems and solutions adopted by each of them shall ensure the protection of personal data, and shall preferably facilitate the joint provision of services to those concerned.

3. Under the direction of the Government of the Nation, the governing bodies of the Autonomous Communities and the corresponding local authorities, the performance of the respective Public Administration is developed to achieve the objectives that establish the laws and the rest of the legal order.

4. Each of the Public Administrations of Article 2 acts for the fulfilment of its purposes with unique legal personality.

Article 4. Principles of public administration intervention for the development of an activity.

1. Public administrations which, in the exercise of their respective powers, lay down measures which limit the exercise of individual or collective rights or require the fulfilment of requirements for the development of an activity, to apply the principle of proportionality and to choose the least restrictive measure, to give reasons for their need for the protection of the public interest and to justify their suitability for achieving the aims pursued, without in any event being differences in discriminatory treatment. They shall also periodically assess the effects and results obtained.

2. The Public Administrations shall ensure that the requirements laid down in the applicable legislation are met, for which they may, within the scope of their respective powers and with the limits laid down in the legislation of personal data protection, check, verify, investigate and inspect the facts, acts, elements, activities, estimates and other circumstances that are necessary.

CHAPTER II

Of the organs of the Public Administrations

Section 1. Of Administrative Bodies

Article 5. Administrative bodies.

1. Administrative bodies shall be considered to have administrative units assigned to them with functions which have legal effects vis-à-vis third parties, or whose performance is mandatory.

2. It is for each public administration to define, in its respective field of competence, the administrative units which form the administrative bodies of the specialties derived from their organization.

3. The setting up of any administrative body shall require at least the following requirements:

a) Determination of their form of integration in the Public Administration in question and their hierarchical dependence.

b) Delimitation of their functions and competencies.

(c) The allocation of the credits necessary for its implementation and operation.

4. No new bodies may be set up which involve duplication of existing bodies if, at the same time, the competence of such bodies is not abolished or is duly restricted. To this end, the creation of a new body will only take place after verification that there is no other in the same Public Administration that develops the same function on the same territory and population.

Article 6. Instructions and service orders.

1. The administrative bodies may direct the activities of their hierarchically dependent organs by means of instructions and service orders.

Where a specific provision so provides, or is deemed appropriate by reason of the addressees or effects that may occur, the instructions and orders of service shall be published in the official gazette. corresponds, without prejudice to its dissemination in accordance with the provisions of Law 19/2013, of 9 December, of transparency, access to public information and good governance.

2. Failure to comply with the instructions or orders of service does not in itself affect the validity of acts dictated by the administrative bodies, without prejudice to the disciplinary responsibility in which it may be incurred.

Article 7. Advisory bodies.

The Advisory Administration may be articulated by specific bodies with an organic and functional autonomy with respect to the active administration, or through the services of the latter providing assistance. legal.

In such a case, such services may not be subject to a hierarchical dependency, whether organic or functional, or to receive instructions, guidelines or any kind of indication of the organs that have made the provisions or produced the acts which are the subject of consultation, acting in order to comply with such guarantees in a collegial manner.

Section 2. Competition

Article 8. Competence.

1. The jurisdiction is inalienable and shall be exercised by the administrative bodies which have it assigned as their own, except for cases of delegation or endorsement, where they are carried out in accordance with the terms laid down in this or other laws.

The delegation of powers, the management tasks, the delegation of signature and the supply do not constitute an alteration of the ownership of the competition, although it does of the determining elements of its exercise that in each case preview.

2. The ownership and exercise of the powers conferred on the administrative bodies may be deconcentrated in other hierarchically dependent on those in the terms and with the requirements laid down in the own rules for the allocation of competencies.

3. If any provision attributes competence to an Administration, without specifying the body to be exercised, it shall be understood that the power to instruct and to resolve the files corresponds to the competent lower bodies by reason of the matter. and the territory. If there is more than one competent lower body for matter and territory, the power to instruct and resolve the files shall correspond to the common hierarchical superior of these.

Article 9. Delegation of powers.

1. The bodies of the various public administrations may delegate the exercise of the powers conferred on them in other bodies of the same administration, even if they are not hierarchically dependent, or in public bodies or Entities governed by public law linked to or dependent on those entities.

In the field of the General Administration of the State, the delegation of powers must be approved in advance by the ministerial body of the authority of the delegating body and in the case of public bodies or entities. linked or dependent, by the highest management body, in accordance with its rules of creation. In the case of non-hierarchically related organs, prior approval of the common superior shall be necessary if both belong to the same Ministry, or to the higher body of which the delegated body depends, if the delegate and the delegate belong to different Ministries.

Likewise, the organs of the General Administration of the State may delegate the exercise of their own powers to their public bodies and related or dependent entities, when it is appropriate to achieve the objectives they are assigned and improve the effectiveness of their management. The delegation shall be previously approved by the bodies of which the delegating body and the delegated body are dependent, or accepted by the delegated body when it is the highest body of the public authority or linked or dependent entity.

2. In no case may the powers relating to:

be delegated to:

(a) The matters relating to relations with the Head of State, the Presidency of the Government of the Nation, the General Courts, the Presidencies of the Councils of Government of the Autonomous Communities and the Assemblies Legislative of the Autonomous Communities.

b) The adoption of general provisions.

c) The resolution of resources in the administrative bodies that have issued the acts object of appeal.

d) The matters in which this is determined by law with the rank of Law.

3. The delegation of powers and their revocation shall be published in the "Official Gazette of the State", in that of the Autonomous Community or in that of the Province, according to the Administration to which the delegating organ belongs, and the territorial scope of competence of this.

4. Administrative decisions to be adopted by delegation shall expressly indicate this circumstance and shall be deemed to be dictated by the delegating body.

5. With the exception of the express authorisation of an Act, the powers to be delegated may not be delegated.

It is not an impediment to the ability to delegate competence to resolve a procedure the circumstance that the regulatory rule of the same provides, as a mandatory procedure, for the issuance of an opinion or report; however, the competence to resolve a procedure may not be delegated once a mandatory opinion or report on the procedure has been issued in the relevant procedure.

6. The delegation shall be revocable at any time by the body which has conferred it.

7. The delegation agreement of those powers conferred on a collegiate body, for which a quorum or a special majority is required, shall be adopted, in any event, by a quorum or a majority.

Article 10. Vocation.

1. The higher bodies may take the opportunity to obtain knowledge of one or more cases whose decision is ordinarily or by delegation to their dependent administrative bodies, where circumstances of a technical, economic, social, legal or territorial make it convenient.

In the case of delegation of powers in non-hierarchically dependent bodies, the knowledge of a case may be endorsed only by the delegating body.

2. In any event, the endorsement shall be made by means of a reasoned agreement which shall be notified to the parties concerned in the proceedings, if any, before or at the same time as the final decision being taken.

Against the endorsement agreement, no recourse shall be made, even if it may be contested where, where appropriate, it is brought against the decision of the procedure.

Article 11. Management starts.

1. The carrying out of activities of a material or technical nature of the competence of the administrative organs or of the Entities of Public Law may be entrusted to other bodies or Entities of Public Law of the same or of different Administration, provided that these activities are among its tasks, for reasons of effectiveness or when the technical means for their performance are not available.

Management orders may not be subject to the subject-matter of contracts covered by the law on public sector contracts. In such a case, its nature and legal status shall be in accordance with the provisions of this Regulation.

2. The discharge does not entail the transfer of the ownership of the competition or the substantive elements of its exercise, the responsibility of the body or entity responsible for issuing any legal acts or resolutions in support of or in which the specific material activity is integrated with the object of entrustment.

In any event, the entity or body entrusted shall have the status of in charge of the processing of the personal data to which it may have access in execution of the management mandate, The provisions of the rules for the protection of personal data.

3. The formalization of the management tasks will be in accordance with the following rules:

(a) When the management task is carried out between administrative bodies or Public Law Entities belonging to the same Administration, it must be formalized in terms of its own rules and, in its defect, by express agreement of the bodies or entities governed by public law. In any case, the instrument of formalization of the management mandate and its resolution shall be published, for its effectiveness, in the Official Gazette of the State, in the Official Gazette of the Autonomous Community or in that of the Province, according to the Administration to which the entrustment body belongs.

Each Administration may regulate the requirements necessary for the validity of such agreements which shall include, at least, express mention of the activity or activities to which it affects, the term of validity and the nature and extent of the the management entrusted.

b) When the management task is carried out between bodies and entities governed by public law of different administrations, it will be formalized by signing the corresponding agreement between them, which must be published in the " Bulletin Official of the State ", in the Official Gazette of the Autonomous Community or in that of the Province, according to the Administration to which the agency is entrusted, except in the case of the ordinary management of the services of the Autonomous Communities by the Provincial Diputations or in their case Cabildos or Island Councils, which shall be governed by the Local Regime legislation.

Article 12. Signature delegation.

1. The holders of the administrative bodies may, in matters falling within their competence, have the right to delegate the signature of their decisions and administrative acts to the holders of the organs or to the delegation of powers, either by delegation of powers or by delegation of powers. administrative units which are dependent on them, within the limits set out in Article 9.

2. The delegation of signature shall not alter the competence of the delegating body and shall not be published for its validity.

3. The decisions and acts to be signed by delegation shall include this circumstance and the authority of provenance.

Article 13. Supply.

1. In the form of each public administration, the holders of the administrative bodies may be temporarily replaced in the cases of vacancy, absence or sickness, as well as in cases where their abstention or recusal.

If an alternate is not appointed, the jurisdiction of the administrative body shall be exercised by the person appointed by the senior immediate administrative body.

2. The supply shall not imply any alteration of the competition and its validity shall not be necessary for its publication.

3. In the field of the General Administration of the State, the alternate designation may be made:

(a) In the actual decrees of the basic organic structure of the Ministerial Departments or in the statutes of their public bodies and related or dependent entities as appropriate.

(b) By the body competent for the appointment of the holder, either in the act of appointment or in another subsequent appointment where the event of the appointment occurs.

4. In resolutions and acts which are delivered by way of supply, this circumstance shall be stated and the holder of the organ in whose supply is adopted shall be specified and who is effectively exercising this supply.

Article 14. Decisions on competition.

1. The administrative body which is deemed to be incompetent for the decision of a case shall forward the proceedings directly to the body which it considers to be competent, and shall notify the parties concerned.

2. The parties involved in the proceedings may contact the body which is aware of a case to decline its competence and refer the proceedings to the competent body.

They may also be directed to the body they deem competent to require inhibition to which they are aware of the matter.

3. Conflicts of privileges may only arise between bodies of the same Administration not related hierarchically, and in respect of matters for which the administrative procedure has not been completed.

Section 3. Collegiate Organs of the various public administrations

Subsection 1. Operation

Article 15. Regime.

1. The legal status of the collegiate bodies shall be in accordance with the rules laid down in this Section, without prejudice to the organisational characteristics of the public authorities in which they are integrated.

2. The collegiate bodies of the various public administrations involved in the participation of representative organizations of social interests, as well as those composed of representatives of different public administrations, whether or not they have participation of organisations representing social interests, may establish or supplement their own operating rules.

The collegiate bodies referred to in this paragraph shall be integrated into the appropriate Public Administration, even if they do not participate in the hierarchical structure of the Public Administration, unless they are established by its rules of creation, divesting from his or her duties or the nature of the collegiate body.

3. The creation agreement and the rules of operation of the collegiate bodies which dictate decisions having legal effects vis-à-vis third parties shall be published in the Official Journal of the Public Administration in which they are incorporated. In addition, the Administrations may publish them in other means of dissemination that guarantee their knowledge.

In the case of a collegiate body referred to in paragraph 2 of this Article, such publicity shall be carried out by the Administration to which the Presidency corresponds.

Article 16. Secretary.

1. The collegiate bodies shall have a Registrar who may be a member of the body itself or a person serving the relevant Public Administration.

2. It shall be for the Secretary to ensure the formal and material legality of the proceedings of the collegiate body, to certify its actions and to ensure that the procedures and rules for the establishment and adoption of agreements are respected.

3. In the event that the non-member Secretary is supplied by a member of the collegiate body, the latter shall retain all his rights as such.

Article 17. Calls and sessions.

1. All collegiate bodies may be constituted, convened, held in session, adopt agreements and report acts both in person and at a distance, unless their rules of procedure expressly and exceptionally reflect the contrary.

In the sessions to be held by the collective bodies at a distance, their members may be held in different places as long as they are secured by electronic means, including telephone, and audiovisual, the identity of the members or persons who have them, the content of their manifestations, the time when they are produced, as well as the interactivity and intercommunication between them in real time and the availability of the means during the session. Among others, they will be considered included among valid electronic means, email, audio conferencing and video conferencing.

2. For the valid constitution of the body, for the purposes of holding meetings, deliberations and agreements, the President and Secretary or, where appropriate, the President and the Secretary, and the half, shall be required to attend, in person or at a distance. at least of its members.

In the case of the collegiate bodies referred to in Article 15 (2), the President may validly consider the body, for the purposes of the session, if the representatives of the administrations attend Public and of the representative organisations of the social interests of the body to which the condition of spokespersons has been attributed.

When they are assembled, in person or at a distance, the Registrar and all the members of the collegiate body, or in his case the persons who submit them, may be validly constituted as a collegiate body for the holding of meetings, deliberations and adoption of agreements without the need for prior notice when all its members so decide.

3. The collective bodies may establish the own system of calls, if the latter is not provided for in its operating rules. Such a scheme may provide for a second call and specify the number of members needed to validly constitute the body.

Unless it is not possible, the calls will be sent to the members of the collegiate body through electronic means, making the order of the day together with the necessary documentation for their Where possible, the conditions under which the session is to be held, the system of connection and, where appropriate, the places where the technical means necessary to attend and participate in the meeting are available.

4. No matter which is not included on the agenda may not be the subject of deliberation or agreement unless all members of the collegiate body are present and the urgency of the matter is declared by the majority vote.

5. The agreements will be adopted by a majority of votes. Where distance is provided, the agreements shall be deemed to be adopted at the place where the body is situated and, failing that, where the chair is located.

6. Where the members of the body vote against or abstain, they shall be exempt from the liability which, where appropriate, may be derived from the agreements.

7. Those who credit the ownership of a legitimate interest may contact the Secretary of a collegiate body to be issued with the certification of their agreements. The certification shall be issued by electronic means, unless the person concerned expressly states the contrary and has no obligation to relate to the administrations in this way.

Article 18. Minutes.

1. Minutes of each session held by the collegiate body shall be drawn up by the Registrar, who shall necessarily specify the assistants, the agenda of the meeting, the circumstances of the place and time at which it has been held, the main points of the deliberations, as well as the content of the agreements adopted.

The sessions held by the collegiate body may be recorded. The file resulting from the recording, together with the certification issued by the Secretary of the authenticity and integrity of the recording, and any documents in electronic support will be used as documents of the session, may accompany the record of the sessions, without the need to record the main points of the deliberations.

2. The minutes of each session may be approved at the same meeting or at the next meeting. The Registrar shall draw up the minutes with the approval of the President and forward it by electronic means to the members of the collegiate body, who may by the same means express their agreement or repair to the text for the purposes of their approval, considering, if so, approved at the same meeting.

When the recording of the sessions held or the use of documents in electronic support has been chosen, they must be preserved in such a way as to guarantee the integrity and authenticity of the electronic files and the access to them by the members of the collegiate body.

Subsection 2. of the collegiate bodies in the General Administration of the State

Article 19. Regime of the collective organs of the General Administration of the State and of the Public Law Entities linked to or dependent on it.

1. The collegial organs of the General Administration of the State and of the Entities of Public Law linked to or dependent on it shall be governed by the rules laid down in this article, and by the provisions laid down in the Law of the Common Administrative Procedure of Public Administrations.

2. It will be up to its President:

a) Ostend the representation of the organ.

(b) agree to the convening of ordinary and extraordinary sessions and the fixing of the agenda, taking into account, where appropriate, requests from other members, provided that they have been sufficiently formulated notice.

c) Chair sessions, moderate the development of debates, and suspend them for justified reasons.

d) To vote with the draws, for the purpose of adopting agreements, except in the case of the collegiate bodies referred to in Article 15.2, in which the vote shall be settled if they are established by their own rules.

e) Ensuring compliance with laws.

f) Vising the minutes and certifications of the organ agreements.

g) Exercise how many other functions are inherent in your condition as the organ's president.

In cases of vacancy, absence, illness, or other legal cause, the President shall be replaced by the appropriate Vice-President, and failing that, by the member of the collegiate body of greater hierarchy, seniority and age, by this order.

This rule will not apply to the collegiate bodies provided for in Article 15.2 in which the replacement regime of the President must be specifically regulated in each case, or expressly established by the agreement of the Full of the collegiate body.

3. Members of the collegiate body shall:

(a) Receive, with a minimum of two days ' notice, the notice containing the agenda of the meetings. Information on the topics on the agenda will be available to the members in the same time.

b) Participate in the sessions debates.

c) Exercise their right to vote and formulate their particular vote, as well as express the sense of their vote and the reasons that justify it. They shall not be allowed to abstain in votes who, by virtue of their authority or staff in the service of the General Administration, have the status of members of collegiate bodies, by virtue of the position they perform.

d) Formulate questions and questions.

e) Get accurate information to fulfill the assigned functions.

f) How many other functions are inherent in your condition.

Members of a collegiate body shall not be entitled to the functions of representation recognised to it, unless expressly granted to them by a standard or by a validly adopted agreement, for each individual case, by the organ itself.

In cases of absence or illness and, in general, where there is a justified cause, the members of the collegiate body shall be replaced by their alternates, if any.

In the case of collegiate bodies referred to in Article 15, representative organisations of social interest may replace their members with other members, by crediting them with the Secretariat of the body. collegial, with respect to the reservations and limitations that establish its rules of organization.

Members of the collegiate body may not exercise these functions when conflict of interest is present.

4. The designation and the cessation, as well as the temporary replacement of the Secretary in cases of vacancy, absence or disease shall be carried out in accordance with the provisions of the specific rules of each organ and, failing that, by agreement of the body.

Corresponds to the Secretary of the collegiate body:

a) Attend the meetings with a voice but without a vote, and with a voice and vote if the Secretariat of the organ is held by a member.

b) To convene the session of the organ on the order of the President, as well as the summons to the members of the body.

(c) Receive the members ' acts of communication with the organ, be they notifications, requests for data, corrections or any other kind of writing from which they must be aware.

d) Prepare the issue, write and authorize the minutes of the sessions.

e) Exorder certifications from approved queries, opinions, and agreements.

f) How many other functions are inherent in your status as Secretary.

5. The minutes shall include, at the request of the members of the body, the vote contrary to the agreement adopted, their abstention and the reasons for which they justify it or the meaning of their favourable vote.

In addition, any member has the right to request the full transcript of his or her intervention or proposal, provided that, in the absence of recording of the meeting annexed to the minutes, he/she will contribute in the event, or within the deadline that the President, the text that corresponds faithfully to your speech, thus being recorded in the minutes or joining the minutes.

Members who disagree with the majority agreement may make a special written vote within two days, which will be incorporated into the approved text.

The minutes will be approved in the same or the next session, and may nevertheless be issued by the Secretary of the certification on the agreements that have been adopted, without prejudice to the subsequent approval of the minutes. The minutes after the meeting shall be deemed to be approved in the same session and shall be distributed among the members and shall receive the conformity of the members by any means of which the Secretary leaves expression and constancy.

In the certifications of adopted agreements issued prior to the approval of the minutes, this circumstance shall be expressly stated.

Article 20. Requirements for the establishment of collegiate bodies.

1. It is a collective body for those who are formally established and are made up of three or more persons, to whom administrative functions of decision, proposal, advice, monitoring or control are assigned, and which act as part of the General administration of the State or any of its public bodies.

2. The constitution of a collegiate body in the General Administration of the State and in its public bodies has as an indispensable budget the determination in its standard of creation or in the agreement with other public administrations for which the body is believed to be of the following:

a) Your purposes or objectives.

b) Your administrative integration or hierarchical dependency.

c) The composition and criteria for the appointment of its President and the other members.

d) The decision, proposal, report, tracking, or control functions, as well as any other attributes that are attributed to you.

e) The allocation of the necessary appropriations, if any, for their operation.

3. The legal status of the collegiate bodies referred to in paragraph 1 of this Article shall comply with the rules laid down in Article 19, without prejudice to the organisational characteristics contained in this Law or in its rule or convention. creation.

Article 21. Classification and composition of the collegiate bodies.

1. The collective bodies of the General Administration of the State and its public bodies, by their composition, are classified in:

(a) Inter-ministerial collegiate bodies, if their members come from different Ministries.

(b) Ministerial collegial organs, if their components come from the organs of a single Ministry.

2. In the collective bodies referred to in the preceding paragraph, there may be representatives of other public administrations, where they accept it voluntarily, where such a convention establishes it or where a rule applicable to the Affected administrations determine this.

3. In the composition of the collegiate bodies, representative organisations of social interests, as well as other members who are designated by the special conditions of experience or knowledge, may be involved in the composition of the collective bodies. they are in attendance, in consideration of the nature of the functions assigned to such organs.

Article 22. Creation, modification and deletion of collegiate bodies.

1. The creation of collective bodies of the General Administration of the State and its public bodies will only require a specific rule, with publication in the "Official State Gazette", in cases where any of the following cases are attributed to the public authorities. following competencies:

a) Decision-making powers.

(b) Competences for the proposal or issuance of mandatory reports to serve as a basis for decisions of other administrative bodies.

c) Competences to monitor or control the actions of other bodies of the General Administration of the State.

2. In the cases referred to in the preceding paragraph, the rule of creation must be the form of Royal Decree in the case of inter-ministerial collegiate bodies whose President has a rank higher than that of the Director-General; Ministerial Order for the other interministerial collegiate bodies, and ministerial order for those of this character.

3. In all cases falling within the meaning of paragraph 1 of this Article, the collective bodies shall have the status of working groups or committees and may be established by agreement of the Council of Ministers or the Ministries concerned. Their agreements may not have direct effects vis-à-vis third parties.

4. The amendment and deletion of the collective bodies and the working groups or committees of the General Administration of the State and the Public Bodies shall be carried out in the same manner as they are intended to be created, unless the latter has the time limit set for its termination, in which case it shall be automatically produced on the date indicated for that purpose.

Section 4. Th Abstention and recusal

Article 23. Abstention.

1. The authorities and the staff at the service of the administrations in which some of the circumstances referred to in the following paragraph are given shall refrain from taking part in the proceedings and shall communicate it to their immediate superior, who shall decide the source.

2. The following are reasons for abstention:

(a) Having a personal interest in the case in question or in another in whose resolution the decision might influence that; to be an administrator of a company or an interested entity, or to have a pending litigation with any interested party.

b) Having a marriage bond or a situation of fact assimilable and the kinship of consanguinity within the fourth degree or affinity within the second, with any of the stakeholders, with the administrators of entities or companies involved and also with the advisors, legal representatives or representatives involved in the procedure, as well as the sharing of professional office or associated with them for advice, representation or mandate.

c) Having intimate friendship or manifest enmity with one of the persons mentioned in the previous section.

(d) Haber intervened as a expert or as a witness in the procedure in question.

e) Have a service relationship with natural or legal person directly interested in the matter, or have provided them in the last two years professional services of any kind and in any circumstance or place.

3. The bodies hierarchically superior to those who are in one of the circumstances mentioned in the preceding paragraph may order that they refrain from any intervention in the file.

4. The action of authorities and staff in the service of public administrations in which there are grounds for abstention shall not necessarily imply, and in any event, the invalidity of the acts in which they have intervened.

5. Failure to abstain in cases where one of those circumstances is present will give rise to the responsibility that comes.

Article 24. Recusal.

1. In the cases provided for in the previous Article, it may be promoted by the parties concerned at any time during the procedure.

2. The recusal shall be made in writing in which the cause or causes in which it is founded shall be expressed.

3. On the following day the recusal will manifest to his immediate superior whether or not the alleged cause is given in him. In the first case, if the superior appreciates the concurrency of the recusal cause, it will agree to its substitution act followed.

4. If the recusal denies the cause of recusal, the superior will resolve within three days, prior to the reports and checks deemed appropriate.

5. Against the decisions taken in this matter, no appeal shall be made, without prejudice to the possibility of claiming the challenge when the action is brought against the act terminating the proceedings.

CHAPTER III

Principles of sanctioning power

Article 25. Principle of legality.

1. The sanctioning authority of the Public Administrations shall be exercised when it has been expressly recognized by a law with the rank of Law, with the application of the procedure provided for its exercise and in accordance with the provisions of this Law and in the Law of Common Administrative Procedure of Public Administrations and, in the case of Local Entities, in accordance with the provisions of Title XI of Law 7/1985 of 2 April.

2. The exercise of sanctioning power is for the administrative bodies that have it expressly attributed to it, by provision of legal or regulatory status.

3. The provisions of this Chapter shall be extended to the exercise by the Public Administrations of their disciplinary powers in respect of the personnel at their service, whatever the legal nature of the employment relationship.

4. The provisions of this Chapter shall not apply to the exercise by the Public Administrations of the sanctioning power in respect of those who are bound to them by relations governed by the law of public sector contracts. or by the law of the public authorities.

Article 26. Irretroactivity.

1. The sanctioning provisions in force at the time of the occurrence of the administrative infringement shall apply.

2. The sanctioning provisions will produce retroactive effect as soon as they favour the alleged infringer or the offender, both in relation to the criminalisation of the offence and the penalty and its limitation periods, even in respect of the Pending compliance penalties when the new provision comes into force.

Article 27. Principle of typicality.

1. Only violations of the legal order provided for as such infringements by a law constitute administrative infringements, without prejudice to the provisions of the Local Administration in Title XI of Law 7/1985 of 2 April.

Administrative infractions will be classified by the Act in mild, severe and very serious.

2. Only by the commission of administrative offences can sanctions be imposed which, in any case, will be defined by the law.

3. The regulatory development provisions may introduce specifications or graduations to the table of legally established infringements or penalties which, without constituting new infringements or penalties, or alter the nature or limits of the The law provides for the most correct identification of the conduct or the most precise determination of the corresponding sanctions.

4. The rules defining infringements and penalties shall not be subject to an analogue application.

Article 28. Responsibility.

1. Only natural and legal persons and, where a law recognises their capacity to act, the groups of persons concerned, unions and entities without legal personality and legal personality may be penalised for acts of administrative infringement. the independent or self-employed assets, which are responsible for the assets for the purposes of doling or fault.

2. The administrative responsibilities arising from the commission of an infringement shall be compatible with the requirement of the offender to replace the situation altered by him to his original state, as well as to the compensation for the damages caused, which shall be determined and required by the body to which the exercise of the power of sanction corresponds. If the compensation is not satisfied within the time limit which is determined according to the amount of the compensation, it shall be carried out in the manner provided for in Article 101 of the Law of the Common Administrative Procedure of the Public Administrations.

3. Where compliance with an obligation laid down by a rule with a range of law corresponds to a number of persons together, they shall respond in solidarity to the infringements which, where appropriate, are committed and to the penalties imposed. However, where the penalty is pecuniary and is possible, it shall be identified in the resolution according to the degree of participation of each person responsible.

4. The regulatory laws of the various sanctioning regimes may make it a breach of the obligation to prevent the commission of administrative offences for those who are subject to a dependency relationship or link. They may also provide for cases where certain persons shall be liable for payment of the financial penalties imposed on those who are dependent or linked.

Article 29. Principle of proportionality.

1. Administrative sanctions, whether or not they are of a pecuniary nature, may in no case involve, directly or subsist, deprivation of liberty.

2. The establishment of financial penalties must provide that the commission of the offences established is not more beneficial to the offender than the enforcement of the rules infringed.

3. In the regulatory determination of the sanctioning regime, as well as in the imposition of sanctions by the Public Administrations, the proper suitability and necessity of the sanction to be imposed and its adequacy to the gravity of the event must be observed. constitutive of the infringement. The graduation of the sanction shall consider in particular the following criteria:

a) The degree of guilt or the existence of intentionality.

b) Continuity or persistence in infringing behavior.

c) The nature of the damages caused.

(d) The recidivism, by commission within one year of more than one infringement of the same nature, when it has been declared by a firm resolution on the administrative path.

4. Where justified by the appropriate adequacy between the penalty to be applied with the gravity of the fact that the infringement is established and the circumstances involved, the competent body to resolve may impose the penalty at a lower level.

5. Where the commission of an infringement necessarily leads to the commission of another or others, only the penalty for the most serious offence committed shall be imposed.

6. It shall be punishable, as a continuous infringement, to carry out a plurality of actions or omissions which infringe the same or similar administrative precepts, in the execution of a preconceived plan or taking the same occasion.

Article 30. Prescription.

1. Infringements and penalties shall be prescribed in accordance with the laws establishing them. If they do not prescribe time limits, the very serious infringements will be prescribed at three years, the serious ones at two years and the mild ones at six months; the penalties imposed for very serious offences will be prescribed at three years, those imposed by Serious misconduct at two years and those imposed for minor faults a year.

2. The limitation period for infringements shall begin to be counted from the day on which the infringement was committed. In the case of continued or permanent infringements, the time limit shall begin to run from the end of the offending conduct.

Interrupt the prescription of the initiation, with knowledge of the interested party, of an administrative procedure of sanctioning nature, restarting the limitation period if the sanctioning file is paralyzed for more than one month for reasons not attributable to the alleged person responsible.

3. The limitation period for penalties shall begin to be counted from the day following that in which the decision imposing the sanction is enforceable or the time limit has elapsed for the application to be made.

Interrupt the prescription of the initiation, with the knowledge of the interested party, of the execution procedure, returning to elapse the deadline if the one is paralyzed for more than one month for cause not imputable to the infringer.

In the case of an alleged dismissal of the action brought against the decision imposing the sanction, the limitation period for the penalty shall begin to be counted from the day following the day of the end of the (

) the time limit for the decision of the appeal;

Article 31. Sanctions concurrency.

1. The facts which have been criminal or administratively may not be sanctioned in cases where the identity of the subject is assessed, made and substantiated.

2. Where a body of the European Union has imposed a penalty for the same facts, and provided that the identity of the subject and the substance is not present, the competent body to be resolved shall take it into account for the purposes of graduating from that which, where appropriate, it must be imposed, and may be subject to such a decision, without prejudice to the commission of the infringement.

CHAPTER IV

From the responsibility of the Public Administrations

Section 1-Public Administrations ' Corporate Responsibility

Article 32. Principles of responsibility.

1. Individuals shall have the right to be compensated by the relevant Public Administrations for any injury suffered in any of their property and rights, provided that the injury is a consequence of normal or abnormal functioning of the public services except in cases of force majeure or damages that the individual has the legal duty to support in accordance with the Law.

Annulment on an administrative basis or by the administrative judicial order of the administrative acts or provisions does not, in itself, presuppose the right to compensation.

2. In any event, the alleged damage shall be effective, economically and individually evaluable in relation to a person or group of persons.

3. Individuals shall also be entitled to be compensated by the Public Administrations for any injury suffered in their property and rights as a result of the application of legislative acts of a non-expropriatory nature of rights which do not they have a legal duty to bear when it is established in the legislative acts themselves and in the terms specified therein.

The responsibility of the legislative State may also arise in the following cases, provided that the requirements laid down in the preceding paragraphs are met:

(a) When the damages result from the application of a rule with a range of law declared unconstitutional, provided that the requirements of paragraph 4 are met.

(b) Where the damages result from the application of a rule contrary to European Union law, in accordance with paragraph 5.

4. If the injury is a consequence of the application of a rule with a declared unconstitutional law, the compensation shall be paid if the individual has obtained, in any instance, a firm judgment in the case of an appeal against the administrative action that caused the damage, provided that the subsequently declared unconstitutionality had been alleged.

5. If the injury is a consequence of the application of a rule declared contrary to European Union law, the compensation shall be paid where the individual has obtained, in any instance, a firm judgment in the case of an appeal against the administrative action which caused the damage, provided that the infringement of the European Union law subsequently declared was alleged. In addition, all of the following requirements must be met:

(a) The rule must be aimed at conferring rights on individuals.

(b) The non-compliance must be sufficiently characterised.

(c) There must be a direct causal link between the failure to comply with the obligation imposed on the Administration responsible for European Union law and the damage suffered by individuals.

6. The judgment declaring the unconstitutionality of the rule with a law rank or declaring the rule of law contrary to European Union law shall have effect from the date of its publication in the Official Gazette of the State or in the Official Journal of the European Communities. Official of the European Union ', as the case may be, unless otherwise specified.

7. The State's responsibility for the operation of the Administration of Justice will be governed by the Organic Law 6/1985, of July 1, of the Judicial Branch.

8. The Council of Ministers shall fix the amount of compensation to be paid where the Constitutional Court has, at the request of an interested party, declared the existence of an abnormal operation in the processing of the resources of the or questions of unconstitutionality.

The procedure for fixing the amount of compensation shall be processed by the Ministry of Justice, with a hearing to the State Council.

9. The procedure provided for in the Law of Common Administrative Procedure of the Public Administrations will be followed to determine the liability of the Public Administrations for damages caused to third parties during the execution of contracts where they are the result of an immediate and direct order of the Administration or the vices of the project drawn up by it, without prejudice to the specialties which, in its case, the Royal Decree of Law 3/2011 establishes, of 14 of November, for which the recast text of the Law on Public Sector Contracts is approved.

Article 33. Concurrent responsibility of the Public Administrations.

1. Where the management of joint arrangements for action between several public administrations is responsible for the terms laid down in this Law, the interveners shall be responsible, in particular, for the case, in solidarity. The regulatory legal instrument for joint action may determine the distribution of liability between different public administrations.

2. In other cases of participation by several administrations in the production of the damage, the responsibility shall be fixed for each Administration in accordance with the criteria of competence, public interest and intensity of the intervention. Liability shall be in solidarity where such determination is not possible.

3. In the cases provided for in the first paragraph, the competent authority to initiate, instruct and resolve the procedures in which there is a concurrent liability of several public administrations shall be that laid down in the Statute or rules of the collegiate organisation. In its absence, the competition will be attributed to the Public Administration with greater participation in the financing of the service.

4. In the case of procedures for the liability of assets, the competent public administration referred to in the preceding paragraph shall consult the other administrations concerned so that, within 15 days, the competent authorities of the Member State concerned shall: They can expose how much they consider coming.

Article 34. Compensation.

1. Only injuries caused to the particular person arising from damages shall be indemnified, which does not have the legal duty to bear in accordance with the Law. Damages arising from facts or circumstances which could not be foreseen or avoided according to the state of the knowledge of the science or technique existing at the time of production of those, shall not be indemnizable. damage to the welfare or economic benefits that the laws may provide for such cases.

In cases of patrimonial liability referred to in Article 32 (4) and (5), damages shall be indemnified within the five years preceding the date of the publication of the judgment which declare the unconstitutionality of the rule with a law rank or the rule of law contrary to the law of the European Union, unless the judgment provides otherwise.

2. The compensation shall be calculated on the basis of the assessment criteria laid down in the tax legislation, the compulsory expropriation and other applicable rules, with the prevailing market valuations being weighted, where appropriate. In cases of death or bodily injury, the assessment included in the scales of the existing rules on compulsory insurance and social security may be taken as a reference.

3. The amount of the allowance shall be calculated by reference to the day on which the injury actually occurred, without prejudice to its updating to the date of termination of the liability procedure under the Guarantee Index of the Competitiveness, fixed by the Instituto Nacional de Estadística, and of the interest that will be taken for late payment of the fixed compensation, which will be required in accordance with the provisions of Law 47/2003, of November 26, General Budget, or, where appropriate, the budgetary rules of the Autonomous Communities.

4. The compensation may be replaced by a compensation in kind or paid by means of periodic payments, where it is more appropriate for the purpose of the repair and is appropriate to the public interest, provided that there is agreement with the interested.

Article 35. Liability for Private Law.

When Public Administrations act, directly or through a private law entity, in relations of this nature, their liability shall be required in accordance with the provisions of Articles 32 et seq. even where it is with private law subjects or the liability is directly required of the private law entity through which the Administration or the entity that covers its liability acts.

Section 2. Responsibility of the authorities and staff at the service of the Public Administrations

Article 36. Demand for the responsibility of the authorities and personnel for the service of the Public Administrations.

1. In order to make the patrimonial liability referred to in this Law effective, individuals shall directly require the Public Administration to pay compensation for the damages caused by the authorities and personnel to the public authorities. service.

2. The Administration concerned, where it has indemnified the injured, shall, on the administrative basis of its authorities and other personnel, require its service to be responsible for the liability of the injured party, or for serious negligence or negligence, prior to the corresponding procedure.

For the requirement of such liability and, where appropriate, for quantification, the following criteria shall be weighted among others: the harmful outcome produced, the degree of culpability, the professional responsibility of the staff at the service of public administrations and their relationship with the production of the harmful outcome.

3. In addition, the Administration shall instruct the authorities and other personnel to do so for the damage and damage caused to their property or rights where it has taken place, or serious negligence or negligence.

4. The procedure for the requirement of liability referred to in paragraphs 2 and 3 shall be substantiated in accordance with the provisions of the Law on the Common Administrative Procedure of the Public Administrations and shall be initiated by the body competent to notify the persons concerned and shall include at least the following formalities:

a) Allegations for a period of 15 days.

(b) Practice of the evidence admitted and any other evidence deemed appropriate by the competent body for a period of 15 days.

c) Hearing for ten days.

d) Formulating the motion for a resolution within five days from the completion of the hearing procedure.

e) Resolution by the competent body within five days.

5. The declaration of responsibility shall terminate the administrative route.

6. The provisions of the foregoing paragraphs shall be without prejudice to the passing, where appropriate, of the fault of the competent courts.

Article 37. Criminal liability.

1. The criminal liability of staff in the service of Public Administrations, as well as civil liability arising from the offence shall be required in accordance with the provisions of the relevant legislation.

2. The requirement for the criminal liability of the staff in the service of the Public Administrations shall not suspend the procedures for recognition of the patrimonial liability which are instructed, except that the determination of the facts in the order Criminal court is necessary for the fixation of patrimonial liability.

CHAPTER V

Public sector electronic operation

Article 38. The electronic headquarters.

1. The electronic headquarters is that electronic address, available to citizens through telecommunications networks, which are owned by a Public Administration, or by one or more public bodies or legal entities. Public in the exercise of its powers.

2. The establishment of an electronic headquarters carries the responsibility of the holder with respect to the integrity, veracity and updating of the information and the services to which it can be accessed through it.

3. Each Public Administration shall determine the conditions and instruments for the creation of electronic venues, subject to the principles of transparency, publicity, responsibility, quality, security, availability, accessibility, neutrality and interoperability. In any case, the identification of the host organ of the site must be guaranteed, as well as the means available for the formulation of suggestions and complaints.

4. Electronic venues shall have systems in place to enable secure communications to be established whenever necessary.

5. The publication in the electronic headquarters of information, services and transactions shall respect the principles of accessibility and use in accordance with the rules established in this respect, open standards and, where appropriate, those other that are of use General public.

6. Electronic venues shall use, to identify and ensure secure communication with, recognised or qualified certificates of website authentication or equivalent means.

Article 39. Internet portal.

The internet portal is understood to be the electronic access point whose ownership corresponds to a Public Administration, a public body or an entity governed by Public Law that allows access via the Internet to information published and, where appropriate, the corresponding electronic seat.

Article 40. Systems for the identification of public administrations.

1. Public administrations may be identified by the use of an electronic seal based on a recognised or qualified electronic certificate meeting the requirements of electronic signature legislation. These electronic certificates shall include the tax identification number and the relevant name, as well as, where appropriate, the identity of the holder in the case of electronic seals of administrative bodies. The list of electronic stamps used by each public administration, including the characteristics of the electronic certificates and the providers that issue them, must be public and accessible by electronic means. In addition, each Public Administration shall take appropriate measures to facilitate the verification of their electronic seals.

2. The Public Administration shall be understood to be identified with respect to information published as its own on its website.

Article 41. Automated administrative action.

1. It is understood by automated administrative action, any act or action carried out in full by means of electronic means by a public administration in the context of an administrative procedure and in which it has not intervened direct form a public employee.

2. In the case of automated administrative action, the competent body or bodies, as the case may be, shall be established in advance for the definition of the specifications, programming, maintenance, supervision and quality control and, where appropriate, audit of the information system and its source code. The body to be held liable for the purposes of challenge shall also be indicated.

Article 42. Signature systems for automated administrative action.

In the exercise of competition in automated administrative action, each Public Administration may determine the assumptions of use of the following electronic signature systems:

(a) electronic means of public administration, body, public body or entity governed by public law, based on a recognised or qualified electronic certificate meeting the requirements required by the law of signature electronic.

(b) Insurance Code of verification linked to the Public Administration, body, public body or entity governed by public law, in the terms and conditions established, allowing in any case the verification of the integrity of the document by means of access to the corresponding electronic seat.

Article 43. Electronic signature of the staff at the service of the Public Administrations.

1. Without prejudice to Articles 38, 41 and 42, the action of a Public Administration, a body, a public body or an entity governed by public law, when using electronic means, shall be carried out by electronic signature of the holder of the organ or public employee.

2. Each Public Administration shall determine the electronic signature systems to be used by its staff, which may jointly identify the holder of the job or position and the Administration or organ in which he/she provides services. For public safety reasons, electronic signature systems may refer only to the professional identification number of the public employee.

Article 44. Electronic data exchange in closed communication environments.

1. Electronic documents transmitted in closed communications environments established between Public Administrations, bodies, public bodies and public law entities shall be considered valid for the purposes of authentication and identification of the issuers and recipients under the conditions set out in this Article.

2. Where the participants in the communications belong to the same public administration, the public administration shall determine the conditions and guarantees for which it shall, at least, include the list of authorised issuers and recipients and the nature of the of the data to be exchanged.

3. Where participants belong to different administrations, the conditions and guarantees referred to in the preceding paragraph shall be established by agreement between them.

4. In any case, the security of the closed communications environment and the protection of the data transmitted shall be ensured.

Article 45. Electronic signature assurance and interoperability.

1. Public administrations may determine the formalities and reports that include recognised or qualified electronic signatures and advanced electronic signatures based on recognised or qualified electronic signatures.

2. In order to promote interoperability and enable the electronic signature of electronic documents to be verified automatically, when an Administration uses electronic signature systems other than those based on certificates A recognised or qualified electronic means of sending or making available to other bodies, public bodies, bodies governed by public law or Administrations the documents signed electronically, may overlap an electronic seal based on a recognized or qualified electronic certificate.

Article 46. Electronic document file.

1. All documents used in administrative proceedings shall be stored by electronic means, except where this is not possible.

2. Electronic documents containing administrative acts affecting the rights or interests of individuals shall be kept on media of this nature, either in the same format from which the document originated or in another form. any that ensures the identity and integrity of the information necessary to reproduce it. The ability to move data to other formats and media that ensure access from different applications will be ensured.

3. The means or media in which documents are stored must be provided with security measures, in accordance with the provisions of the National Security Scheme, which guarantee the integrity, authenticity, confidentiality, quality, protection and storage of stored documents. In particular, they will ensure the identification of users and access control, compliance with the guarantees provided for in data protection legislation, as well as the long-term recovery and conservation of electronic documents. produced by the Public Administrations that so require, in accordance with the life cycle specifications of the services and systems used.

CHAPTER VI

Of The Conventions

Article 47. Definition and types of conventions.

1. Agreements with legal effects adopted by the public authorities, public bodies and entities governed by public law which are linked or dependent, or public universities, are agreements with each other or with private subjects for a common end.

They do not have the consideration of conventions, the General Protocols of Action or similar instruments that behave merely declarations of intent of general content or that express the will of the Administrations and parts (a) to act with a common objective, provided that they do not result in the formalisation of specific and enforceable legal commitments.

Conventions may not be subject to the subject-matter of contracts. In such a case, their nature and legal status shall be in accordance with the provisions of public sector contract law.

2. The conventions to be signed by public administrations, public bodies and related or dependent public law entities and public universities shall correspond to one of the following types:

(a) Inter-administrative agreements signed between two or more public administrations, or between two or more public bodies or entities governed by public law which are linked or dependent on different public administrations; may include the use of means, services and resources of another Public Administration, public body or entity governed by a related or dependent public law, for the exercise of own or delegated powers.

The inter-administrative agreements concluded between two or more Autonomous Communities for the management and provision of their own services shall be excluded, which shall be governed by their assumptions, requirements and terms of reference. provided for in their respective Statutes of Autonomy.

(b) Intra-administrative conventions signed between public bodies and entities governed by public law which are linked or dependent on the same Public Administration.

(c) Conventions signed between a Public Administration or an entity or entity governed by public law and a subject of private law.

(d) Non-constitutive Conventions of the International Treaty or of International Administrative Agreement or of International Non-normative Agreement signed between the Public Administrations and the organs, public bodies or bodies of a subject of international law, who shall be subject to the internal legal order determining the parties.

Article 48. Requirements for the validity and effectiveness of the conventions.

1. The public authorities, their public bodies and entities governed by public law, or their subsidiaries and public universities, within the scope of their respective powers, may conclude agreements with subjects governed by public law and private, without it being possible to transfer ownership of the competition.

2. In the field of the General Administration of the State and its public bodies and entities governed by public law, which are linked or dependent, may conclude agreements with the holders of the Ministerial Departments and the Presidents or Directors of the such entities and public bodies.

3. The subscription of agreements should improve the efficiency of public administration, facilitate the joint use of public resources and services, contribute to the performance of public utility activities and comply with the stability legislation. budget and financial sustainability.

4. The management, justification and other actions related to expenditure arising from agreements including financial commitments for the Public Administration or any of its public bodies or related public law entities or dependent persons who subscribe to it, as well as to the funds committed under those conventions, shall comply with the provisions of the budgetary legislation.

5. Agreements that include financial commitments must be financially sustainable, with those who subscribe to them to be able to finance the agreements during the duration of the agreement.

6. The financial contributions committed to be made by the signatories may not exceed the costs arising from the implementation of the agreement.

7. Where the agreement instructs a grant, it must comply with the provisions of Law 38/2003 of 17 November, General of Grants and the autonomic development regulations which, if applicable, will be applicable.

In addition, when the convention has as its object the delegation of powers in a Local Entity, it must comply with the provisions of Law 7/1985, of April 2, Regulatory of the Bases of the Local Regime.

8. Conventions are perfected by the provision of the consent of the parties.

The agreements entered into by the General Administration of the State or any of its public bodies or entities governed by public law which are linked or dependent will be effective once they have been entered in the State Electronic Register of Organs and Instruments of Cooperation of the State Public Sector, referred to in the additional provision seventh and published in the "Official Gazette of the State". Previously and on an optional basis, they may be published in the Official Gazette of the Autonomous Community or of the province, which corresponds to the other signatory administration.

9. The rules of this Chapter shall not apply to the management and the agreements for the conventional termination of administrative procedures.

Article 49. Content of the conventions.

The conventions referred to in paragraph 1 of the previous Article shall include at least the following matters:

(a) Subjects who subscribe to the agreement and the legal capacity with which each party acts.

(b) The competence on which the action of the Public Administration, public bodies and entities governed by public law which are linked or dependent on it or the public universities are based.

c) The object of the agreement and actions to be performed by each subject for their compliance, indicating, where appropriate, the ownership of the results obtained.

(d) Obligations and economic commitments assumed by each of the parties, if any, indicating their temporary distribution by annuities and their specific allocation to the corresponding budget in accordance with the provisions of the budgetary legislation.

(e) Consequences applicable in case of non-compliance with the obligations and commitments assumed by each of the parties and, where applicable, the criteria for determining the possible compensation for the non-compliance.

(f) Mechanisms for monitoring, monitoring and monitoring the implementation of the Convention and the commitments made by the signatories. This mechanism will solve the problems of interpretation and compliance that may arise from the conventions.

g) The regime of modification of the convention. In the absence of regulation, the modification of the content of the convention will require unanimous agreement of the signatories.

h) Term of the convention taking into account the following rules:

1. The conventions shall have a fixed duration, which shall not exceed four years, unless a longer period is provided for.

2. º At any time before the end of the period provided for in the previous paragraph, the signatories of the convention may unanimously agree to extend it for a period of up to four additional years or their extinction.

In the case of agreements entered into by the General Administration of the State or any of its public bodies and entities governed by public law, this extension shall be communicated to the Electronic Registry. State of the Bodies and Instruments of Cooperation referred to in the seventh Additional Provision.

Article 50. Procedures for the subscription of agreements and their effects.

1. Without prejudice to the specialities which the autonomous legislation may provide, it will be necessary for the convention to be accompanied by a supporting document analysing its need and opportunity, its economic impact, the non-contractual nature of the activity in question, as well as compliance with the provisions of this Law.

2. The conventions to be signed by the General Administration of the State or its public bodies and entities governed by public law or as a subsidiary shall be accompanied by:

a) The report of your legal service. It will not be necessary to request this report when the agreement is in accordance with a standard model previously reported by the appropriate legal service.

b) Any other mandatory report that sets the applicable regulations.

c) The prior authorization of the Ministry of Finance and Public Administrations for signature, modification, extension and resolution by mutual agreement between the parties.

(d) When the multi-annual agreements signed between Administrations Públicas include contributions of funds by the State to finance actions to be implemented exclusively by another Public Administration and the The State assumes, in the field of its powers, the commitments against third parties, the contribution of the State of future annuities will be conditional on the existence of credit in the corresponding budgets.

e) Inter-administrative agreements signed with the Autonomous Communities will be submitted to the Senate by the Ministry of Finance and Public Administrations.

Article 51. Extinction of the conventions.

1. The agreements are extinguished by the performance of the actions that constitute their object or by reason of resolution.

2. They are causes of resolution:

(a) The period of validity of the agreement without having agreed to the extension of the agreement.

b) The unanimous agreement of all signatories.

c) Failure to comply with obligations and commitments made by any of the signatories.

In this case, either party may notify the defaulting party of a requirement to meet the obligations or commitments that are deemed to be unfulfilled within a certain period of time. This requirement shall be communicated to the person responsible for the monitoring, surveillance and control mechanism of the implementation of the agreement and the other signatory parties.

If the deadline indicated in the requirement persisted, the party that directed it shall notify the parties to the concurrency of the cause of resolution and the agreement shall be deemed to have been resolved. The resolution of the convention for this cause may entail compensation for the damage caused if it had been foreseen.

d) By judicial decision declaring the agreement null and void.

e) For any other cause other than the previous ones provided for in the convention or other laws.

Article 52. Effects of the resolution of the conventions.

1. Compliance with and resolution of the conventions shall result in the settlement of the agreements in order to determine the obligations and commitments of each of the parties.

2. In the case of conventions for which financial commitments are made, they shall be understood to be fulfilled where their object has been carried out on the terms and to the satisfaction of both parties, in accordance with their respective powers, taking into account the following rules:

(a) If the settlement proves that the amount of the performances executed by any of the parties is less than the funds that the parties have received from the other parties to the agreement to finance such execution, the excess corresponding to each one shall be reintegrated within the maximum period of one month after the clearance has been approved.

After the maximum period of one month, referred to in the preceding paragraph, without the repayment of the refund, the parties must be paid, also within one month from that time, the interest of late payment (a) to be applied to the said drawback, which shall in any event be the result of general provisions governing public expenditure and the economic and financial activity of the public sector.

(b) If it is higher, the remaining parts of the agreement, within one month of settlement approval, shall pay the party concerned the difference corresponding to each of them, with the maximum limit of the the amounts each of them would have undertaken to contribute under the Convention. In no case shall the parties to the convention be entitled to require the other amount to exceed the above ceilings.

3. Notwithstanding the foregoing, if any of the causes of the resolution of the Convention are present, the parties, acting on a proposal from the Commission to monitor, monitor and control the Convention or, failing that, of the In accordance with Article 49 (f) of the mechanism referred to in point (f) of Article 49, the following shall be agreed upon and the completion of the current actions as they deem appropriate, setting an extension of time for completion of the procedure. which shall be settled in accordance with the terms laid down in paragraph 1. previous.

Article 53. Referral of conventions to the Court of Auditors.

1. Within three months of the subscription of any agreement whose economic commitments are in excess of EUR 600 000, they shall be sent electronically to the Court of Auditors or the external audit body of the Community. Autonomic, as appropriate.

2. The Court of Auditors or the external audit body of the Autonomous Community shall also be notified, as appropriate, of amendments, extensions or variations of time limits, alteration of the amounts of the economic commitments entered into and the extinction of the indicated conventions.

3. The provisions of the foregoing paragraphs shall be without prejudice to the powers of the Court of Auditors or, where appropriate, the corresponding external audit bodies of the Autonomous Communities, in order to claim all data, documents and the background of the assessment of the contracts of any nature and amount.

TITLE I

General State Administration

CHAPTER I

Administrative Organization

Article 54. Principles and powers of organisation and functioning of the General Administration of the State.

1. The General Administration of the State acts and is organized in accordance with the principles set out in Article 3, as well as functional decentralization and functional and territorial deconcentration.

2. Powers in matters of administrative organisation, staff arrangements, procedures and inspection of services, not specifically attributed under a law to any other body of the General Administration of the State, or to the Government, shall correspond to the Ministry of Finance and Public Administrations.

Article 55. Structure of the General Administration of the State.

1. The organization of the General Administration of the State responds to the principles of functional division in ministerial departments and territorial management integrated in government delegations in the Autonomous Communities, except for exceptions. provided by this Law.

2. The General Administration of the State understands:

a) The Central Organization, which integrates the Ministries and the common services.

b) The Territorial Organization.

c) The General Administration of the State abroad.

3. In the central organisation they are higher bodies and management bodies:

a) Higher organs:

1. The Ministers.

2. º The Secretaries of State.

b) Management bodies:

1. The Subsecretaries and General Secretaries.

2. The Technical General Secretaries and Directors General.

3. The General Subdirectors.

4. In the territorial organization of the General Administration of the State are executive organs both the Government Delegates in the Autonomous Communities, who will have the rank of Undersecretary, as well as the Government Subdelegates in the provinces. which will have Subdirector general level.

5. In the General Administration of the State abroad, executive organs are the ambassadors and permanent representatives to international organizations.

6. The upper and managerial bodies also have the status of a high office, except the Deputy Directors General and assimilated, in accordance with the provisions of Law 3/2015, of March 30, regulating the exercise of the high office of the Administration State General.

7. All other organs of the General Administration of the State are under the dependency or direction of a higher or managerial body.

8. The statutes of the public bodies shall determine their respective management bodies.

9. It is up to the higher bodies to establish the organisation's action plans under their responsibility and to the management bodies for their development and implementation.

10. The Ministers and Secretaries of State are appointed in accordance with the provisions of Law 50/1997 of 27 November of the Government and Law 3/2015 of 30 March 2015, regulating the exercise of the high office of the General Administration of the State.

11. Without prejudice to the provisions of Law No 3/2015 of 30 March 2015, regulating the exercise of the high office of the General Administration of the State, the holders of the higher and managerial bodies are appointed on the basis of competition criteria. professional and experience, in the form established in this Law, being of application to the performance of its functions:

a) Professional, personal and direct responsibility for the management developed.

(b) Subject to the control and assessment of the management by the competent higher or steering body, without prejudice to the control established by the General Budget Law.

Article 56. Basic organizational elements.

1. The administrative units are the basic organizational elements of the organic structures. The units comprise posts or template envelopes functionally linked by reason of their tasks and organically by a common leadership. Complex administrative units can exist, grouping two or more minor units.

2. The heads of the administrative units are responsible for the proper functioning of the unit and for the proper execution of the tasks assigned to it.

3. The administrative units are established by means of the employment relationships, which shall be approved in accordance with their specific regulations, and are integrated into a given body.

CHAPTER II

Ministries and their internal structure

Article 57. The Ministries.

1. The General Administration of the State is organized in the Presidency of the Government and in Ministries, each of them comprising one or more functionally homogeneous sectors of administrative activity.

2. The organisation in ministerial departments does not prevent the existence of higher bodies or managers or non-integrated or dependent public bodies, respectively, in the general structure of the Ministry which, by way of exception, is Directly attached to the Minister.

3. The determination of the number, the name and the respective area of competence of the Ministries and the Secretaries of State are established by Royal Decree of the President of the Government.

Article 58. Internal organization of the Ministries.

1. In the Ministries there may be Secretaries of State, and General Secretaries, for the management of a sector of administrative activity. They will be hierarchically dependent on the governing bodies attached to them.

2. The Ministries shall, in any case, have a Secretariat, and depending on it a Technical General Secretariat, for the management of the common services provided for in this Title.

3. The Directorates-General are the management bodies of one or more functionally homogeneous areas.

4. The Directorates-General are organized in Subdirectorates General for the distribution of the competencies entrusted to them, the performance of their own activities and the allocation of objectives and responsibilities. Without prejudice to the foregoing, Subdirectorates-General may be directly attached to other higher-level management bodies or higher bodies of the Ministry.

Article 59. Creation, modification and deletion of organs and administrative units.

1. The Sub-secretariats, the Secretaries-General, the Technical Secretaries-General, the Directorates-General, the Subdirectorates-General, and bodies similar to the former are set up, amended and deleted by Royal Decree of the Council of Ministers, Initiative of the Minister concerned and on the proposal of the Minister of Finance and Public Administrations.

2. The lower level bodies of Subdirección General are created, modified and deleted by order of the respective Minister, subject to the authorization of the Minister of Finance and Public Administrations.

3. Units that do not have the consideration of organs are created, modified and suppressed through the relationships of jobs.

Article 60. Hierarchical management of the ministerial bodies.

1. Ministers are the senior heads of the Department and the direct hierarchical superiors of the Secretaries of State and Undersecretaries.

2. The governing bodies are dependent on one of the above and are ordered hierarchically to each other as follows: Under-Secretary-General and Deputy Director-General.

The General Secretaries have a status of Under-Secretary and the Technical Secretaries have a category of Director-General.

Article 61. Ministers.

Ministers, as heads of the department on which they exercise their competence, direct the sectors of administrative activity integrated in their Ministry, and assume the responsibility inherent in that direction. To this end, the following functions correspond to them:

a) Exercise regulatory authority in the matters of your Department.

(b) Set the objectives of the Ministry, approve the Ministry's plans for action and allocate the resources necessary for its implementation, within the limits of the corresponding budget allocations.

c) Approve the proposals of the Ministry's expenditure statements, and of the budgets of the dependent public bodies and refer them to the Ministry of Finance and Public Administrations.

d) Determine and, where appropriate, propose the internal organization of your Ministry, in accordance with the powers conferred upon you by this Law.

e) Evaluate the implementation of the Ministry's plans of action by the higher bodies and management bodies and exercise control of effectiveness with regard to the action of these bodies and of the public bodies dependent, without prejudice to the provisions of Law 47/2003, of 26 November, General Budget.

(f) Name and separate the heads of the management bodies of the Ministry and of the public bodies or public law entities dependent on it, where the competence is not attributed to the Council of Ministers to another the body or body itself, as well as to raise to that body the proposals for appointments that are reserved for it by the Ministry and the Public Bodies that are dependent on it.

g) Authorize service commissions entitled to compensation for exact amounts for senior positions dependent on the Minister.

(h) Maintain relations with the Autonomous Communities and convene the sectoral conferences and cooperation bodies in the field of competencies attributed to their Department.

i) To direct the performance of the heads of the Ministry's senior organs and managers, to give them concrete instructions and to delegate their own competences.

j) To review the administrative acts and resolve the conflicts of responsibility when appropriate, as well as to propose those that come with other ministries.

k) To celebrate in the field of their competence, contracts and agreements, without prejudice to the authorization of the Council of Ministers when it is mandatory.

(l) Administer the expenditure appropriations of the Ministry's budgets, approve and commit expenditure other than the competence of the Council of Ministers, approve the budgetary changes that fall within its competence, to recognise the economic obligations and to propose their payment in the framework of the plan for the provision of public treasury funds, and to set the limits below which these powers will correspond, in their respective field, to the Secretaries of State and Undersecretary of the department. It will be up to the Minister to raise to the Council of Ministers, for approval, the budgetary changes that fall within the competence of the Council.

m) Deciding the representation of the Ministry in the collegiate bodies or working groups in which the head of the senior or senior management body that is to represent the Department is not previously determined.

n) Rissue the documentation to your Department necessary for the elaboration of the General Account of the State, as provided for in Law 47/2003, November 26.

n) Solve administrative resources and declare the administrative acts ' lesivity when appropriate.

o) Grant awards and rewards of the Department and propose those that correspond to its regulatory standards.

p) Grant grants and aid from the Department's own expense credits, as well as fix the limits below which may be granted by the Secretaries of State or the Deputy Secretary of State. Department.

q) Propose and execute, in the field of their competence, the Employment Plans of the Department and the public agencies of the dependents.

r) Modify the Relations of Jobs in cases in which this competence is delegated to the department itself or to propose to the Ministry of Finance and Public Administrations the ones that are of competence of this last.

s) Impose the service separation penalty for very serious faults.

t) Exercise how many other competencies are attributed to them by the laws, the rules of organization and operation of the Government, and any other provisions.

Article 62. The Secretaries of State.

1. The Secretaries of State are directly responsible for the implementation of the Government's action in a sector of specific activity.

In addition, they may be represented by the express delegation of their respective Ministers in their representation in matters of their competence, including those with international projection, without prejudice, in any case, to the rules which govern the relations of Spain with other States and with international organizations.

2. The Secretaries of State direct and coordinate the Secretariats and the Directorates-General located under their dependence, and respond to the Minister of the implementation of the objectives set for the Secretariat of State. To this end it corresponds:

(a) Exercise powers over the sector of administrative activity assigned to them by the rule of creation of the body or delegated to them by the Minister and to carry out the external relations of the Secretariat of State, except in the cases legally reserved to the Minister.

b) To exercise the powers inherent in its management responsibility and, in particular, to promote the achievement of the objectives and the execution of the projects of its organization, controlling its compliance, monitoring the the activity of the management bodies attached to and issuing instructions to their holders.

c) Name and separate the Deputy Directors General of the Secretariat of State.

d) Maintain relations with the organs of the Autonomous Communities competent for the matter.

e) The prior authorization to hire the Autonomous Bodies attached to the Secretariat of State, above a certain amount, as provided for in the third transitional provision of the Royal Decree Legislative 3/2011, of 14 November for which the Recast Text of the Law on Public Sector Contracts is approved.

f) Authorize the commissions of service entitled to compensation for exact amounts for the high offices dependent on the Secretary of State.

g) To conclude contracts relating to the affairs of its Secretariat of State and the non-reserved conventions to the Minister for which they are dependent, without prejudice to the relevant authorisation where it is required.

(h) Grant grants and aid from the State Secretariat's own spending credits, with the limits set by the Department's holder.

i) to resolve the remedies against the decisions of the management bodies which are directly dependent on it and whose acts do not deplete the administrative route, as well as the conflicts of powers between them; such organs.

(j) Manage the expenditure appropriations of the Ministry's budgets for its own matter from the Secretariat of State, approve the budgetary modifications thereof, approve and commit the expenditure charged to those credits and the recognition of the economic obligations and to propose their payment in the framework of the plan of provision of funds from the Public Treasury. All within the amount which, where appropriate, the Minister establishes for the purpose and provided that the acts do not fall within the competence of the Council of Ministers.

k) Any other competencies that are attributed to them by the legislation in force.

Article 63. The Undersecretaries.

1. The Undersecretaries hold the ordinary representation of the Ministry, direct the common services, exercise the powers corresponding to these common services and, in any case, the following:

a) Support the higher bodies in the planning of the Ministry's activity, through corresponding technical advice.

b) Attend the Minister in the control of the effectiveness of the Ministry and its public bodies.

c) Establish the inspection programmes of the Ministry's services, as well as determine the precise actions for the improvement of the planning, management and organization systems and for the rationalization and simplification of procedures and working methods, within the framework defined by the Ministry of Finance and Public Administrations.

d) Propose the Ministry's organizational measures and direct the operation of the common services through the corresponding instructions or service orders.

e) to assist the higher bodies in the relations of jobs, employment plans and policy of managers of the Ministry and their public bodies, as well as in the elaboration, implementation and monitoring of the budgets and planning of information and communication systems.

f) Play the top leadership of all Department staff.

g) to take responsibility for legal advice to the Minister in the development of his duties and, in particular, in the exercise of his or her regulatory powers and in the production of the administrative acts of the competence of the person, as well as the other organs of the Ministry.

In the same terms as the previous paragraph, report the proposals or draft rules and acts of other Ministries, when regulatively applicable.

For such purposes, the Undersecretary shall be responsible for coordinating the corresponding actions within the Ministry and in relation to the other Ministries to be involved in the procedure.

h) Exercise the powers of management, promotion and supervision of the Technical General Secretariat and the other management bodies that are directly dependent on it.

i) Administer the appropriations for expenditure of the Ministry's budgets for their own matter from the Secretariat, approve the budgetary modifications thereof, approve and commit the expenses charged to those credit and to recognize the economic obligations and to propose their payment in the framework of the plan of provision of funds from the Public Treasury. All within the amount which, where appropriate, the Minister establishes for the purpose and provided that the acts do not fall within the competence of the Council of Ministers.

(j) Grant grants and aid from the Ministry's own expense credits with the limits set by the Department's holder.

k) Request from the Ministry of Finance and Public Administrations the affectation or lease of the buildings necessary for the fulfilment of the purposes of the services in charge of the Department.

(l) Name and terminate the Subsecretariat's Deputy Directors and Assimilated Persons, the other free designation staff, and the eventual staff of the Department.

m) Convening and resolving targeted testing of official and labor personnel.

n) Convening and resolving official personnel contests.

n) Exercise the disciplinary authority of the Department's personnel for serious or very serious misconduct, except for the separation of service.

o) Adopt and promote, under the direction of the Minister, measures aimed at the centralized management of human resources and material resources in the field of its Ministerial Department.

p) Authorize service commissions entitled to compensation for exact amounts for senior officials dependent on the Undersecretary.

(q) Any other than those inherent in the Ministry's common services and the ordinary representation of the Ministry and those attributed to them by the legislation in force.

2. The Secretariat of the Ministry of the Presidency, in coordination with the General Secretariat of the Presidency of the Government, shall exercise the powers of the common departments of the Departments in relation to the area of the Presidency of the Government.

3. The Undersecretaries shall be appointed and separated by Royal Decree of the Council of Ministers on the proposal of the Minister.

The appointments must be made between career officials of the State, the Autonomous Communities or the local authorities, belonging to Subgroup A1, as referred to in Article 76 of Law 7/2007, of 12 April, approving the Basic Staff Regulations. In any event, they shall meet the eligibility requirements laid down in Law 3/2015 of 30 March 2015 on the exercise of the high office of the General Administration of the State.

Article 64. The Secretaries-General.

1. Where the rules governing the structure of a Ministry provide for the existence of a Secretary-General, they shall determine the powers of the Secretary-General in respect of a given sector of administrative activity.

2. The General Secretaries exercise the powers inherent in their responsibility for the management of the dependent bodies referred to in Article 62.2.b) and all those which expressly assign to them the Royal Decree of the structure of the Ministry.

3. The Secretaries-General, with a status of Under-Secretary, shall be appointed and separated by Royal Decree of the Council of Ministers, on a proposal from the Minister or the President of the Government.

The appointments will be made between people with qualifications and experience in the performance of positions of responsibility in public or private management. In any event, they shall meet the eligibility requirements laid down in Law 3/2015 of 30 March 2015 on the exercise of the high office of the General Administration of the State.

Article 65. The Technical Secretaries-General.

1. The technical secretaries general, under the immediate dependence of the Undersecretary, will have the competences on common services that the Royal Decree of structure of the Department has attributed to them and, in any case, the relative ones to normative production, legal assistance and publications.

2. The Technical Secretaries-General have all the effects of the category of Director-General and exercise on their dependent organs the powers conferred on that body by the following Article.

3. The Technical Secretaries-General shall be appointed and separated by Royal Decree of the Council of Ministers on the proposal of the Minister.

The appointments must be made between career officials of the State, the Autonomous Communities or the local entities, belonging to Subgroup A1, as referred to in Article 76 of Law 7/2007, of 12 April. In any event, they shall meet the eligibility requirements laid down in Law 3/2015 of 30 March 2015 on the discharge of the High-Office of the General Administration of the State.

Article 66. The Directors-General.

1. The Directors-General are the heads of the management bodies responsible for the management of one or more functionally homogeneous areas of the Ministry. For this purpose, it is appropriate to:

a) Propose the projects of your Directorate-General to achieve the objectives set by the Minister, direct your implementation and control your proper compliance.

b) Exercise the powers conferred on the Directorate-General and those that are disconcentric or delegated to it.

(c) Propose, in the remaining cases, the Minister or the head of the body to which he is dependent, the resolution he deems appropriate on the matters affecting the management body.

d) To promote and supervise the activities that are part of the management of the management body and to ensure the proper functioning of the organs and dependent units and the personnel integrated into them.

e) The other attributions entrusted to you by laws and regulations.

2. The Directors-General shall be appointed and separated by Royal Decree of the Council of Ministers, on a proposal from the head of the Department or the President of the Government.

The appointments must be made between career officials of the State, the Autonomous Communities or the local authorities, belonging to Subgroup A1, as referred to in Article 76 of Law 7/2007, of 12 April, unless the Royal Decree of Structure allows, in the light of the specific characteristics of the functions of the Directorate-General, its holder does not fulfil that status as an official, the concurrency must be motivated by reasoned memory of the special characteristics which justify this exceptional circumstance. In any event, they shall meet the eligibility requirements laid down in Law 3/2015 of 30 March 2015 on the exercise of the high office of the General Administration of the State.

Article 67. The Subdirectors General.

1. The Deputy Directors-General are the immediate persons responsible, under the supervision of the Director-General or the head of the body responsible for them, for the implementation of those projects, objectives or activities assigned to them, as well as for the management of the competition matters of the General Subdirectorate.

2. The Deputy Directors-General shall be appointed, in compliance with the principles of equality, merit and capacity, and terminated by the Minister, Secretary of State or Under-Secretary of which they are dependent.

The appointments shall be made between career officials of the State, or other Administrations, where the rules of application, belonging to Subgroup A1, as referred to in Article 76 of the Treaty, provide for this. Law 7/2007, of 12 April.

Article 68. General rules on the common services of the Ministries.

1. The management bodies responsible for the common services, provide the higher and managerial bodies of the rest of the Ministry with the necessary assistance for the most efficient implementation of their tasks and, in particular, the efficient use of the material, economic and personal resources and resources assigned to them.

It is for the common services to provide advice, technical support and, where appropriate, direct management in relation to the planning, programming and budgeting functions, international cooperation, external action, organisation and human resources, information and communication systems, regulatory production, legal assistance, financial management, management of material resources and ancillary services, monitoring, control and inspection of services, statistics for state ends and publications.

2. The common services operate in each department in accordance with the provisions and guidelines adopted by the Ministries with jurisdiction over such common functions in the General Administration of the State. All this, without prejudice to the fact that certain bodies with competence on certain common services remain functional or hierarchically dependent on one of the concerned Ministries.

3. A Royal Decree may provide for the shared management of some of the common services which may be carried out in the following ways:

(a) By direct coordination by the Ministry of Finance and Public Administrations or by a self-governing body linked to or dependent on it, which shall provide some of these common services to other Ministries.

(b) By direct coordination by the Secretariat of each Ministry or by an autonomous body linked to or dependent on it, which shall provide some of these services common to the entire Ministry. The Royal Decree that determines the shared management of some of the common services will concretize the regime of organic and functional dependency of the personnel that will come by providing the respective service in each unit.

CHAPTER III

Territorial organs

Section 1. The territorial organization of the General Administration of the State

Article 69. The Delegations and the Government Subdelegations.

1. There will be a Government Delegation in each of the Autonomous Communities.

2. The Government Delegations shall be based in the locality where they radiate the Governing Council of the Autonomous Community, unless the Council of Ministers agrees to place it in a different position and without prejudice to the provisions of the Statute. of Autonomy.

3. The Government Delegations are organically attached to the Ministry of Finance and Public Administrations.

4. In each of the provinces of the pluriprovincial Autonomous Communities, there will be a Deputy Government Delegate, who will be under the immediate dependency of the Government Delegate.

May be created by Royal Decree Subdelegations of the Government in the Autonomous Communities of the Autonomous Communities, when circumstances such as the population of the territory, the volume of management or its geographical features, social or economics so warrant.

Article 70. The Island Directors of the General Administration of the State.

The islands in which an Insular Director of the General Administration of the State will exist, with the level to be determined in the employment relationship, will be determined. They shall be appointed by the Government Delegate by means of the free designation procedure between career officials of the State, Autonomous Communities or Local Entities, belonging to Bodies or Escalas classified as Subgroup A1.

The Island Directors are hierarchically dependent on the Government Delegate in the Autonomous Community or the Deputy Government Delegate in the province, when this position exists, and they exercise, in their territorial scope, the attributed by this Law to the Government Subdelegates in the provinces.

Article 71. Territorial services.

1. The territorial services of the General Administration of the State in the Autonomous Community shall be organized on the basis of the best performance of their purposes, in integrated services and not integrated into the Government Delegations.

2. The organisation of territorial services not integrated into the Government Delegations shall be established by Royal Decree on a joint proposal from the holder of the Ministry for which they are dependent and the holder of the Ministry who is assigned the competence for the rationalisation, analysis and evaluation of the organisational structures of the General Administration of the State and its public bodies, where it provides for units with a level of General or equivalent Subdirection, or by Joint Order when it affects lower organs.

3. Non-integrated territorial services shall depend on the competent central authority on the sector of activity in which they operate, which shall set the specific objectives for action and monitor their implementation, as well as the functioning of the services.

4. The integrated territorial services shall be dependent on the Government Delegate, or on its Deputy Government case, through the General Secretariat, and shall act in accordance with the technical instructions and operational criteria established by the Government. Ministry responsible for the matter.

Section 2. The Government Delegates in the Autonomous Communities

Article 72. Government Delegates in the Autonomous Communities.

1. The Government's Delegates represent the Government of the Nation in the territory of the respective Autonomous Community, without prejudice to the ordinary representation of the State in the latter through their respective Presidents.

2. The Government Delegates will direct and supervise the General Administration of the State in the territory of the respective Autonomous Communities and coordinate, internally and when appropriate, with the administration of each of them and with the of Local Entities located in the Community.

3. Government Delegates are executive organs with the rank of Undersecretary who are organically dependent on the President of the Government and functionally from the Ministry responsible for the matter.

4. The Government Delegates will be appointed and separated by Royal Decree of the Council of Ministers, on a proposal from the President of the Government. His appointment will meet criteria of professional competence and experience. In any event, it shall meet the requirements of suitability laid down in Law 3/2015 of 30 March 2015, which shall regulate the exercise of the high office of the General Administration of the State.

5. In case of absence, vacancy or illness of the holder of the Government Delegation, it shall be supplied by the Subdelegate of the Government that the Delegate designates and, in his defect, to the province in which he has its seat. In the single-provincial autonomous communities where no Subdelegation exists, the supply shall be the responsibility of the Secretary-General.

Article 73. Powers of Government Delegates in the Autonomous Communities.

1. Government Delegates in the Autonomous Communities are the holders of the corresponding Government Delegations and, in the terms set out in this Chapter, have the following powers:

a) Direction and coordination of the General Administration of the State and its Public Bodies:

1. To promote, coordinate and monitor with a general nature its activity in the territory of the Autonomous Community, and, in the case of integrated services, to direct it, directly or through the subdelegates of the government, the objectives and, where appropriate, instructions from the higher bodies of the respective ministries.

2. To appoint the Deputy Government Subdelegates in the provinces of their field of action and, where appropriate, to the Insular Directors, and as hierarchical superior, to direct and coordinate their activity.

3. Inform, with a mandatory nature, the proposals for the appointment of the holders of territorial organs of the General Administration of the State and the state public bodies of regional and regional level in the Government delegation.

b) Information on Government action and information to citizens:

1. Coordinate information on the programs and activities of the Government and the General Administration of the State and its public bodies in the Autonomous Community.

2. Promote collaboration with the other Public Administrations on information to the citizen.

3. To receive information from the different Ministries of the plans and programs to be carried out by their respective territorial services and public bodies in their territorial scope.

4. Elevate to the Government, on an annual basis, through the holder of the Ministry of Finance and Public Administrations, a report on the functioning of state public services in the autonomous field.

c) Coordination and collaboration with other public administrations:

1. To communicate and receive the information required by the Government and the governing body of the Autonomous Community. It shall also perform these tasks with the Local Entities in its territorial scope, through their respective Presidents.

2. To maintain the necessary relations of coordination and cooperation of the General Administration of the State and its public bodies with that of the Autonomous Community and with the corresponding Local Entities. To this end, it shall promote the conclusion of agreements with the Autonomous Community and with the Local Entities, in particular in relation to the state funding programmes, participating in the monitoring of the implementation and compliance with them.

3. To participate in the joint transfer commissions and bilateral cooperation commissions, as well as other cooperation bodies of a similar nature when determined.

d) Control of legality:

1. To resolve the administrative appeals against the resolutions and acts dictated by the organs of the Delegation, prior to the report, in any case, by the competent Ministry for the reason of the matter.

The challenges of resolutions and acts of the Government Delegate which are subject to administrative action and which do not end the administrative route will be resolved by the relevant bodies of the Ministry responsible for reason for the matter.

The liability claims of the Public Administrations shall be processed by the competent Ministry for the reason of the matter and shall be resolved by the holder of that Department.

2. To suspend the execution of the contested acts dictated by the organs of the Delegation of the Government, when it is appropriate to resolve the appeal, in accordance with Article 117.2 of the Law of the Common Administrative Procedure Public administrations, and propose suspension in the remaining cases, as well as the contested acts dictated by the non-integrated services in the Government Delegation.

3. Velar for the fulfillment of the competences attributed constitutionally to the State and for the correct application of its rules, promoting or interposing, as appropriate, conflicts of jurisdiction, conflicts of attributions, resources and other legal actions.

e) Public policies:

1. To formulate to the competent ministries, in each case, the proposals that it considers appropriate on the objectives contained in the plans and programs that have to execute the territorial services and those of the agencies public, and report regularly and regularly to the relevant Ministries on the management of their territorial services.

2. Propose to the Minister of Finance and Public Administrations the precise measures to avoid duplicity of administrative structures, both in the General Administration of the State and with other administrations Public, in accordance with the principles of effectiveness and efficiency.

3. Propose to the Ministry of Finance and Public Administrations measures to include in the human resources plans of the General Administration of the State.

4. Inform measures for the optimization of human and material resources in their territorial scope, especially those that affect more than one Department. In particular, it is up to the Government Delegates, in the terms laid down in Law 33/2003 of 3 November, of the Heritage of Public Administrations, to coordinate the use of administrative buildings by the Government. the territorial organization of the General Administration of the State and of the public agencies of the State, depending on its territorial scope, in accordance with the guidelines established by the Ministry of Finance and Public Administrations and the Directorate General of the State Heritage.

2. Likewise, the Government's Delegates will exercise the power of sanctioning, expropriating and any other that will entrust them with the rules or be disconcentric or delegated to them.

3. It is up to the Government's delegates to protect the free exercise of rights and freedoms and to guarantee citizen security, through the Subdelegates of the Government and the State Security Forces and Corps. shall be the responsibility of the Government Delegate, who shall exercise the powers of the State in this matter under the functional dependency of the Ministry of the Interior.

4. In relation to the territorial services, the Government delegates, for the exercise of the powers referred to in this Article, may obtain from the holders of such services all information relating to their activity, structures, organisational, human resources, inventories of movable and immovable property or any other matter or matter which they consider appropriate in order to ensure the coordinated and effective management of State services in the territory.

Section 3. The Government Subdelegates in the Provinces

Article 74. The Government Subdelegates in the provinces.

In each province and under the immediate dependence of the Government Delegate in the respective Autonomous Community, there will be a Deputy Government Delegate, with the level of Deputy Director General, who will be appointed by him through the the free designation procedure between career officials of the State, Autonomous Communities or Local Entities, belonging to Bodies or Scales classified as Subgroup A1.

In the uniprovincial Autonomous Communities in which there is no Subdelegate, the Government Delegate will assume the powers that this Law attributes to the Government Subdelegates in the provinces.

Article 75. Competencies of the Government Subdelegates in the provinces.

The Government Subdelegates are responsible for:

a) To perform the functions of communication, collaboration and cooperation with the respective Autonomous Community and with the Local Entities and, in particular, to report on the impact on the territory of the financing programmes state. In particular it is up to them:

1. To maintain the necessary relations of cooperation and coordination of the General Administration of the State and its public bodies with that of the Autonomous Community and with the corresponding local entities in the field of province.

2. To communicate and receive the information required by the Government and the governing body of the Autonomous Community. It shall also carry out these tasks with local authorities within its territorial scope, through their respective Presidents.

b) Protecting the free exercise of rights and freedoms, guaranteeing citizen security, all within the state's competence in the matter. For these purposes, he will lead the State Security Forces and Corps in the province.

c) Lead and coordinate civil protection in the province.

d) To direct, where appropriate, the integrated services of the General Administration of the State, in accordance with the instructions of the Government Delegate and the Ministries concerned; and to promote, supervise and inspect the non-integrated services.

e) Coordinate the use of the material means and, in particular, of the administrative buildings in the territorial scope of their competence.

f) Exercise the sanctioning power and any other that confesses the rules to them or is disconcentrated or delegated to them.

Section 4. The structure of government delegations

Article 76. Structure of Government Delegations and Subdelegations.

1. The structure of the Government Delegations and Subdelegations will be set by Royal Decree of the Council of Ministers on a proposal from the Ministry of Finance and Public Administrations, due to the organic dependence of the Government Delegations, and shall, in any event, have a General Secretariat, dependent on the Delegates or, as the case may be, the Subdelegates of the Government, as the management body for the common services, and on which the various services integrated into it will depend, such as those other services and units to be determined in the employment relationship.

2. The integration of new territorial services or the disintegration of territorial services already integrated in the Government Delegations, will be carried out by Royal Decree of the Council of Ministers, at the proposal of the Ministry of Finance and Public administrations, due to the organic dependence of the Government Delegations, and the competent Ministry of the area of activity.

Article 77. Legal assistance and financial economic control of Government Delegations and Subdelegations.

Legal assistance and functions of financial intervention and financial control in relation to Government Delegations and Subdelegations shall be exercised by the State Advocate and the General Intervention of the Government. State administration, respectively, in accordance with their specific regulations.

Section 5. Collegiate Organs

Article 78. The Inter-Ministerial Commission for the Coordination of the Peripheral Government of the State.

1. The Inter-Ministerial Commission for the Coordination of the State's Peripheral Administration is a collegiate body attached to the Ministry of Finance and Public Administrations.

2. The Inter-Ministerial Commission for the Coordination of the Peripheral Government of the State will be responsible for coordinating the performance of the State's peripheral administration with the various ministerial departments.

3. The Royal Decree will regulate its powers, composition and operation.

Article 79. The collegial organs of assistance to the Delegate and the Deputy Government Delegate.

1. In each of the multi-provincial Autonomous Communities there shall be a territorial Commission of assistance to the Government Delegate, with the following characteristics:

(a) It shall be chaired by the Government Delegate in the Autonomous Community and made up of the Government Subdelegates in the provinces within the territory of the Government.

(b) The members of the territorial bodies and services, both integrated and non-integrated, should be assisted by the Government Delegate in their sessions.

(c) This Commission shall, in any event, develop the following functions:

1. Coordinate the actions to be implemented in a homogeneous way in the field of the Autonomous Community, in order to ensure the fulfilment of the general objectives set by the Government to the territorial services.

2. Homogeneize the development of public policies in their territorial scope, through the establishment of common criteria of action that will be compatible with the instructions and objectives of the respective ministerial departments.

3. To advise the Government Delegate in the Autonomous Community in the elaboration of the proposals for administrative simplification and rationalization in the use of resources.

4. Other Cuenculos, other than in the case of the Government Delegate in the Autonomous Community, are appropriate for the territorial commission to fulfill the purpose of support and advice in the exercise of the powers that this Law has assigns.

2. A Commission of assistance to the Government Delegate, chaired by the Secretary-General and the Secretary-General and the holders of the territorial bodies and services, both integrated and non-governmental, shall be present in the uniprovincial autonomous communities. integrated, which the Government Delegate considers appropriate, with the functions mentioned in the previous paragraph.

3. In each Subdelegation of the Government there shall be a Commission of Assistance to the Subdelegation of the Government chaired by the Government and composed of the Secretary-General and the holders of the territorial bodies and services, both integrated and non-integrated, the Subdelegation of the Government considers appropriate, with the functions referred to in the first paragraph, referred to in the provincial field.

CHAPTER IV

From the General Administration of the State Abroad

Article 80. The State Foreign Service.

The Foreign Service of the State is governed in all matters concerning its composition, organization, functions, integration and personnel by the provisions of Law 2/2014, of March 25, of the Action and of the Foreign Service of the State and in their development regulations and, in an additional way, by the provisions of this Law.

TITLE II

Organization and operation of the institutional public sector

CHAPTER I

From the institutional public sector

Article 81. General principles of action.

1. The institutions that make up the institutional public sector are subject to the principles of legality, efficiency, budgetary stability and financial sustainability, as well as the principle of transparency in their management. In particular, they shall be subject to staff, including employment, to the limitations laid down in the budgetary rules and to the annual forecasts of the general budgets.

2. All Public Administrations must establish a system of continuous supervision of their dependent entities, in order to verify the subsistence of the reasons that justified their creation and their financial sustainability, and which should include the express formulation of proposals for maintenance, transformation or extinction.

3. The bodies and entities which are linked or dependent on the regional and local authorities shall be governed by the basic provisions of this law which are applicable to them, and in particular by the provisions of Chapters I and IV and in the Articles 129 and 134, as well as by the law of the Administration to which they are attached.

Article 82. The State, Autonomous and Local Public Sector Entity Inventory.

1. The State Public Sector Entity Inventory, Autonomous and Local, is configured as an administrative public registry that guarantees public information and the management of all entities in the institutional public sector. whatever its legal nature.

The integration and management of this Inventory and its publication will depend on the General Intervention of the State Administration and the collection and processing of the information sent by the Autonomous Communities and the Entities. Local training and maintenance of the inventory will depend on the General Secretariat of Autonomous and Local Coordination.

2. The Public Sector Entity Inventory shall contain, at least, updated information on the legal nature, purpose, sources of financing, domain structure, where appropriate, the condition of its own resources, accounting systems, budget and control, as well as the classification in terms of national accounting, of each of the entities in the institutional public sector.

3. At least, the creation, transformation, merger or extinction of any entity member of the institutional public sector, whatever its legal nature, will be entered in the State Public Sector Entity Inventory, Autonomic and Local.

Article 83. Enrollment in the State, Autonomous and Local Public Sector Entities Inventory.

1. The holder of the institution's highest management body shall notify, through the general intervention of the corresponding Administration, the information necessary for the final registration in the Inventory of Public Sector Entities. State, Autonomous and Local, in the terms provided for in regulation, of acts relating to their creation, transformation, merger or extinction, within thirty working days of the occurrence of the registration. The notification shall accompany the supporting documentation determining such a circumstance.

2. The definitive registration of the creation of any entity member of the institutional public sector in the State, Autonomous and Local Public Sector Entity Inventory will be performed in accordance with the following rules:

(a) The holder of the institution's highest management body, through the general intervention of the corresponding Administration, shall notify, electronically for the purposes of its registration, the Inventory of Sector Entities State, Autonomous and Local Public, the rule or legal act of creation within 30 working days of the entry into force of the rule or act, as appropriate. The notification shall be accompanied by the copy or link to the electronic publication of the Official Gazette in which the rule was published, or a copy of the legal act of creation, as well as any other supporting documentation, such as the Statute or the action plan.

b) Registration in the State, Autonomous and Local Public Sector Entity Inventory shall be performed within 15 working days of receipt of the application for registration.

c) For the allocation of the definitive Fiscal Identification Number and the identifying letter that corresponds to the entity, according to its legal nature, the Tax Administration will require the contribution of the certification of the entity's enrollment in the State, Autonomous and Local Public Sector Entity Inventory.

CHAPTER II

Organization and operation of the state institutional public sector

Article 84. Composition and classification of the state institutional public sector.

1. The following entities are part of the state institutional public sector:

(a) Public bodies linked to or dependent on the General Administration of the State, which are classified as:

1. Autonomous Organisms.

2. Business Public Entities.

b) The independent administrative authorities.

c) State-owned commercial companies.

d) Consortia.

e) Public sector foundations.

f) Funds without legal personality.

g) Untransferred public universities.

2. The General Administration of the State or entity that is a member of the State institutional public sector may not, by itself or in collaboration with other public or private entities, create or exercise effective control, directly or indirectly, on no other type of entity other than those listed in this Article, irrespective of their nature and legal status.

The provisions of this paragraph shall not apply to the participation of the State in international bodies or supranational entities, nor to participation in national standards and accreditation bodies.

3. The non-transferred public universities shall be governed by the provisions of Law 47/2003 of 26 November which are applicable to them and the provisions of this law as far as they are not provided for in their specific legislation.

Article 85. Monitoring of effectiveness and continuous monitoring.

1. Entities in the State institutional public sector shall be subject to continuous monitoring of effectiveness and supervision, without prejudice to Article 110.

To do this, all entities in the state institutional public sector will have, at the time of their creation, an action plan, which will contain the strategic lines around which the the entity's activity, which will be reviewed every three years, and which will be completed with annual plans that will develop the creation for the following year.

2. The effectiveness control shall be exercised by the Department to which they are assigned, through the inspection of services, and shall be intended to assess the fulfilment of the objectives of the specific activity of the entity and the appropriate use of the resources, in accordance with the provisions of its action plan and annual updates, without prejudice to the control that is exercised by the General Administration of the Administration in accordance with Law 47/2003 of 26 November 2003 of the State.

3. All entities belonging to the state institutional public sector are subject from their creation to their extinction to the continuous supervision of the Ministry of Finance and Public Administrations, through the General Intervention of the State administration, which will monitor the concurrency of the requirements provided for in this Law. In particular it shall verify at least the following:

a) The subsistence of the circumstances that justified its creation.

b) Your financial sustainability.

c) The concurrency of the cause of dissolution provided for in this law concerning the non-compliance of the purposes that justified its creation or that its subsistence is not the most suitable means to achieve them.

The planning, execution and evaluation actions for continuous monitoring will be determined regulatively.

4. The actions of monitoring of effectiveness and continuous monitoring shall take into account:

a) The financial economic information available.

(b) The provision of information by public bodies and entities subject to the System of Effectiveness and Supervision Control continues.

c) Proposals for inspections of the services of the ministerial departments.

The results of the evaluation carried out by both the Ministry of Education and the Ministry of Finance and Public Administrations will be translated into a report subject to a contradictory procedure, which, according to the conclusions that have been obtained, may contain recommendations for improvement or a proposal for the transformation or deletion of the public body or entity.

Article 86. Own media and technical service.

1. Institutions belonging to the public institutional sector may be considered as their own means and technical services of the contracting authorities and of the other entities and companies which do not have the consideration of a contracting authority when they comply with the conditions and requirements set out in the Recast Text of the Law on Public Sector Contracts, approved by the Royal Legislative Decree 3/2011 of 14 November.

2. They shall be considered as a means of their own and technical service when it is established that, in addition to having sufficient and appropriate means to perform services in the field of activity corresponding to their social object, in accordance with their standard or creation agreement, in any of the following circumstances:

a) Be a more efficient option than public procurement and is sustainable and effective, applying criteria of economic profitability.

(b) Result necessary for reasons of public security or urgency in the need to dispose of the goods or services supplied by the own means or technical service.

It will be part of the effectiveness control of your own media and technical services to check the concurrency of the above requirements.

In the name of the entities in the institutional public sector that have the status of their own means, the indication "Medio Propio" or its abbreviation "M.P." must necessarily be included.

3. The proposal for a declaration of own resources and technical service shall be accompanied by a supporting document attesting to the provisions of the previous paragraph and shall be informed by the General Intervention of the State Administration which is to declare your own media and technical service.

Article 87. Transformations of the entities in the state institutional public sector.

1. Any autonomous body, business public entity, state mercantile company or state institutional public sector foundation may be transformed and adopt the legal nature of any of the entities mentioned.

2. The transformation shall take place, preserving its legal personality, by cession and global integration, in unit of act, of all the assets and liabilities of the entity transformed with universal succession of rights and obligations.

The transformation will not alter the financial conditions of the assumed obligations and cannot be understood as a cause for resolution of legal relations.

3. The transformation will be carried out by Royal Decree, even if it involves modification of the Law of Creation.

4. Where an autonomous body or a business public entity is transformed into a business public entity, a State-owned commercial company or a public sector foundation, the Royal Decree by which the conversion is carried out shall be accompanied by the following documentation:

a) A memory that includes:

1. A justification for the transformation by not being able to assume its functions by maintaining its original legal nature.

2. An efficiency analysis that will include a forecast of the savings that will generate the transformation and the accreditation of non-duplication with the functions already developed by another organ, public body or entity pre-existing.

3. An analysis of the situation in which the staff will remain, indicating whether, where appropriate, part of the same will be integrated either in the General Administration of the State or in the business public entity, state mercantile company or the foundation that results from the transformation.

b) A mandatory report of the General Intervention of the State Administration in which compliance with the provisions of this Article will be assessed.

5. The approval of the Royal Decree of Transformation shall entail:

(a) The adaptation of the organisation of the personal, material and economic means necessary to the change of a legal nature.

b) The possibility of integrating staff into the transformed entity or the General Administration of the State. Where appropriate, this integration shall be carried out in accordance with the mobility procedures laid down in the law of public service or in the applicable labour law.

The different types of staff of the transformed entity will have the same rights and obligations that correspond to them according to the rules that apply to them.

The adaptation, where appropriate, of personnel carrying out the transformation shall not, in itself, entail the assignment of the status of a public official to the labour staff providing services in the transformed entity.

The integration of those who until that time were exercising functions reserved for public officials without being able to do so could be carried out with the condition of "to extinguish", having previously assessed the characteristics of the affected posts and the needs of the entity where they are integrated.

The execution of the transformation measures shall not result in any increase in the pre-existing wage bill in the transformed entity.

CHAPTER III

From State Public Bodies

Section 1. General Provisions

Article 88. Definition and own activities.

They are public bodies that are dependent on or linked to the General Administration of the State, either directly or through another public body, those created for the performance of administrative activities, be of promotion, the provision or management of public services or the production of goods of public interest susceptible to consideration; activities of economic content reserved for public administrations; as well as the supervision or regulation of sectors (a) economic, and the characteristics of which justify the organization of the Functional decentralisation or independence.

Article 89. Legal personality and powers.

1. The public bodies have separate public legal personality, equity and treasury, as well as management autonomy, as provided for in this Law.

2. Within their sphere of competence, they correspond to the precise administrative powers for the fulfillment of their purposes, in terms that provide for their statutes, except for the expropriation of power.

The statutes may assign to the public bodies the power to order secondary aspects of the operation to comply with the purposes and the service entrusted, in the framework and with the scope established by the provisions laying down the basic legal status of that service.

The acts and resolutions issued by public bodies in the exercise of administrative powers are liable to the administrative resources provided for in the Law of the Common Administrative Procedure of the Public Administrations.

Article 90. Organizational structure in the state public sector.

1. The public bodies are structured in the governing bodies, and executives to be determined in their respective Staff Regulations.

The highest governing bodies are the President and the Governing Council. The status may, however, provide for other governing bodies with different powers.

The management of the public body must establish a control model aimed at achieving reasonable security in meeting its objectives.

2. It is for the Minister of Finance and Public Administrations to classify the entities, in accordance with their nature and the criteria set out in Royal Decree 451/2012 of 5 March 2012, which regulates the remuneration of the maximum managers and managers in the business public sector and other entities. For these purposes, institutions shall be classified into three groups. This classification shall determine the level at which the institution is situated for the purposes of:

a) Maximum number of members of the governing bodies.

(b) Organizational structure, with the minimum and maximum number of directors being fixed, as well as the maximum amount of total remuneration, with determination of the maximum percentage of the position and variable complement.

Article 91. Creation of state public bodies.

1. The creation of public bodies will be carried out by law.

2. The Law of Creation will establish:

a) The type of public body that you create, with an indication of your general purposes, as well as the Department of dependency or linkage.

b) Where appropriate, the economic resources, as well as the peculiarities of their personnel, hiring, patrimonial, fiscal and any other arrangements that, by their nature, require law with the rank of Law.

3. The preliminary draft law for the creation of the public body to be raised to the Council of Ministers must be accompanied by a proposal for a statute and an initial action plan, together with the favourable mandatory report of the Ministry of Finance and Public administrations that will assess compliance with the provisions of this article.

Article 92. Content and effects of the action plan.

1. The initial action plan shall contain at least:

(a) The reasons justifying the creation of a new public body, because it cannot assume these functions already existing, as well as the realization that the creation does not imply duplicity with the activity that develops any another pre-existing organ or entity.

b) The proposed legal form and an analysis that justifies the choice of the choice to be more efficient against other alternatives that have been discarded.

c) The foundation of the chosen organisational structure, determining the management bodies and the provision of the human resources needed for its operation.

(d) The preliminary draft budget for the first financial year, together with an economic and financial study, showing the adequacy of the economic envelope initially planned for the beginning of its activity and the future sustainability of the body, taking into account future sources of financing of expenditure and investments, as well as the impact it will have on the general budgets of the State.

(e) the objectives of the body, justifying its adequacy or suitability, the indicators to measure them, and the multi-annual strategic programming to achieve them, specifying the economic and personal means In the latter case, the form of provision of the jobs, their origin, cost, remuneration and compensation, as well as the temporary scope in which the activity of the agency is expected to be carried out, will be carried out. They shall also include the consequences associated with the degree of compliance with the objectives laid down and, in particular, their involvement in the assessment of management of the management staff in the case of non-compliance. To this end, the distribution of the productivity supplement or equivalent concept shall be carried out taking into account the degree of compliance with the objectives set out in the plan of creation and in the annual plans.

2. The public bodies will have to accommodate their action as planned in their initial action plan. It shall be updated annually by drawing up the corresponding plan to enable the creation plan to be developed for the following financial year. The annual action plan must be approved in the last quarter of the calendar year by the department responsible for or linked to the body and shall be consistent with the multiannual action programme provided for in the legislation. budget. The Action Plan will incorporate, every three years, a review of the body's strategic programming.

The lack of approval of the annual action plan within the time limit set by the agency, and until the omission of the plan, will lead to the cessation of the transfers to be carried out in favour of the body under the general budget of the State, unless another decision is taken by the Council of Ministers.

3. The action plan and the annual plans, as well as their modifications, shall be made public on the website of the public body to which it corresponds.

Article 93. Content of the statutes.

1. The statutes shall include at least the following:

(a) The functions and powers of the body, with an indication of the administrative powers that it may hold.

b) The determination of its organizational structure, with the expression of the composition, functions, competencies and administrative rank corresponding to each organ. They shall also specify those of their acts and resolutions that deplete the administrative route.

(c) The assets assigned to them and the economic resources to be financed by them.

(d) The human resources, heritage, budget and procurement regime.

e) The faculty of participation in commercial societies when this is essential for the achievement of the assigned purposes.

2. The statutes of the public bodies shall be approved by Royal Decree of the Council of Ministers on a joint proposal from the Ministry of Finance and Public Administrations and the Ministry to which the body is linked or dependent.

3. The statutes shall be approved and published prior to the effective functioning of the public body.

Article 94. Merger of State public bodies.

1. State public bodies of the same legal nature may be merged either by extinction and integration into a new public body or by their extinction by being absorbed by another existing public body.

2. The merger will be carried out by regulatory rule, even if it involves amending the Law of Creation. Where the regulatory standard creates a new public body resulting from the merger, it must comply with the provisions of Article 91.2 on requirements for the establishment of public bodies.

3. The regulatory framework for merger will be accompanied by a plan for the adjustment of the organizational, real estate, personnel and resources structures resulting from the new situation and in which the savings must be credited. which will generate the merge.

If any of the public bodies were in a position of financial imbalance, it may be foreseen, as part of the plan of resizing, that the obligations, assets and property rights that are considered liquidable and arising from the activity resulting from the imbalance, are integrated into a fund, without legal personality and separate accounting, attached to the new public body or to the absorber, as appropriate.

The activity or activities that caused the imbalance will no longer be provided after the merger, unless it is expected to be sustainable in the future after the merger.

The reorganization plan, prior to the mandatory report of the General Intervention of the State Administration, must be approved by each of the merged public bodies if they are integrated into a new one or by the agency. Absorbent public, as appropriate to the type of merge.

4. Approval of the merger rule shall entail:

a) The integration of the organizations of the merged public bodies, including the personal, material and economic means, in the terms provided for in the plan of redimensioning.

(b) The staff of the extinct public bodies may be integrated either in the General Administration of the State or in the new public body resulting from the merger or in the public body absorbing, as appropriate, of an agreement with the provisions of the regulatory merger rule and in accordance with the mobility procedures laid down in the law of public service or in the applicable labour law.

The different types of staff of the merged public bodies will have the rights and obligations that correspond to them according to the rules that apply to them.

The integration of those who until that time were exercising functions reserved for public officials without being able to do so could be carried out with the condition of "to extinguish", having previously assessed the characteristics of the affected posts and the needs of the bodies where they are integrated.

This integration of personnel will not, in any case, imply the attribution of the status of a public official to the labor personnel who provide services in the merged public bodies.

The implementation of the merger measures will not result in any increase in the wage bill in the public bodies concerned.

(c) The global transfer and integration, in unit of act, of all the assets and liabilities of the public bodies extinguished in the new public body resulting from the merger or in the public body absorbing, as appropriate, that it will universally succeed in all its rights and obligations.

The merger will not alter the financial conditions of the assumed obligations and cannot be understood as a cause for resolution of legal relations.

(d) If the redimensioning plan has been provided for, the assets and property rights that are deemed to be settled shall be incorporated into a fund, without legal personality and separate accounting, attached to the a new public body resulting from the merger or the acquiring public body, as appropriate, which shall designate a liquidator to which the settlement of this fund shall be responsible. This settlement shall be effected in accordance with the provisions of Article 97.

The liquidation shall be carried out within two years of the approval of the regulatory merger rule, unless the Council of Ministers agrees to extend it, without prejudice to any rights which may be granted. (a) to the creditors The approval of the rules to which the fund's accounting will have to be adjusted shall be the responsibility of the Minister of Finance and Public Administrations on the proposal of the General Intervention of the State Administration.

Article 95. Shared management of common services.

1. The rule of establishment of public bodies in the State public sector shall include the shared management of some or all of the common services, unless the decision not to share them is justified, in the memory accompanying the standard of creation, in terms of efficiency, in accordance with Article 7 of the Organic Law 2/2012 of 27 April 2012 on budgetary stability and financial sustainability, for reasons of national security or when the organisation and shared management affects services which should be provided autonomously in the context of the independence of the body.

The organization and management of some or all of the common services will be coordinated by the Ministry of Education, the Ministry of Finance and Public Administrations or by a public body linked to or dependent on the same.

2. Common services of public bodies, at least the following are considered:

a) Real estate management.

b) Information and communication systems.

c) Legal assistance.

d) Accounting and financial management.

e) Publications.

f) Public procurement.

Article 96. Dissolution of state public bodies.

1. State public bodies should be dissolved:

a) For the course of the time of existence pointed out in the law of creation.

b) Because the totality of its aims and objectives are assumed by the services of the General Administration of the State.

(c) For its purposes have been fully complied with, so that the survival of the public body is not justified, and this has been demonstrated in the effective control.

d) When monitoring the action plan results in non-compliance with the purposes that justified the establishment of the body or that its subsistence is not the most suitable means to achieve them and thus be concluded in the control of efficiency or continuous monitoring.

e) To be in a situation of financial imbalance during two consecutive budgetary years.

This financial imbalance situation will, for entities that have the consideration of Public Administration for the purposes of the European System of Accounts, refer to their need for financing in terms of the European System of Accounts, while for the other entities the situation of financial imbalance manifested in the existence of gross negative operating results in two consecutive accounting years shall be understood.

f) For any other cause established in the statutes.

g) When agreed by the Council of Ministers in accordance with the procedure determined for the purpose in the legal act which agrees to the dissolution.

2. Where a public body incurs any of the causes of dissolution provided for in points (a), (b), (c), (d) or (f) of the preceding paragraph, the holder of the agency's highest management body shall inform the holder of the department of within two months after the cause of dissolution is present. After such a period has elapsed without the communication being produced and the cause of dissolution is present, the public body shall be automatically dissolved and shall not be able to carry out any legal act, except those strictly necessary to ensure the effectiveness of its liquidation and extinction.

Within two months of receipt of the communication referred to in the preceding paragraph, the Council of Ministers shall adopt the appropriate dissolution agreement, in which it shall appoint the administrative body or entity. of the state institutional public sector that will assume the functions of liquidator, and will be communicated to the Inventory of State, Autonomous and Local Public Sector Entities for publication. After that period without the dissolution agreement being published, the public body shall be automatically dissolved and shall not be able to carry out any legal act, except those strictly necessary to ensure the effectiveness of its liquidation and extinction.

3. Where a public body incurs the cause of dissolution as provided for in paragraph 1 (e), the head of the maximum management body of the body shall have within two months, from the time of the concurrency of that cause, the following: communicate it to the General Administration of the State.

Within two months of the communication referred to in the preceding paragraph, the public body, after reporting the General Intervention of the State Administration, shall approve a plan for the correction of the imbalance. As part of the aforementioned correction plan, the General Administration of the State may make capital contributions in the preceding immediate financial year.

The correction plan shall be applied in the financial year in which it is approved and in the following financial year. After these two exercises without any correction of the imbalance, the head of the highest management body of the agency shall inform the holder of the department of association in the five calendar days following the end of the time limit. Where the communication is received, the provisions of paragraph 2 shall apply, unless the Council of Ministers, acting on a proposal from the Minister for Finance and Public Administration, decides to extend the duration of the correction plan. If the five-day period has elapsed without such a communication, the public body shall be automatically dissolved and shall not be able to carry out any legal act, except those strictly necessary to ensure the effectiveness of its liquidation and extinction.

Article 97. Liquidation and extinction of state public bodies.

1. Published the dissolution agreement referred to in the previous article, or after the time limits in the established article have been published, the settlement shall be automatically understood.

2. The settlement shall take place by the transfer and global integration, in unit of act, of the entire assets and liabilities of the public body in the General Administration of the State which shall universally apply to it in all its rights and obligations. The body or entity designated as liquidator shall determine, in each case, the specific body or entity of the General Administration of the State, where the elements forming part of the asset and the liability of the settled public body shall be integrated.

The liability that corresponds to the public employee as a member of the settlement entity or body shall be directly assumed by the entity or the General Administration of the State that designated it. The General Administration of the State may, of its own motion, require the public employee who has designated such effects to be liable for the damage caused to his property or rights where he has been involved in the case, fault or serious negligence, in accordance with the provisions of the administrative laws on property liability.

3. The General Administration of the State shall be automatically subrogated in all the legal relations which the public body has with its creditors, both principal and ancillary, to the date of adoption of the dissolution agreement or, in the absence thereof, to the date on which the cause of dissolution was present, including the assets and liabilities over-come. This subrogation shall not alter the financial conditions of the obligations assumed or be understood as a cause for the resolution of legal relations.

4. Formalised the liquidation of the public body will occur its automatic extinction.

Section 2. State Autonomous Bodies

Article 98. Definition.

1. The autonomous bodies are entities governed by public law, with their own legal personality, treasury and own assets and autonomy in their management, which develop activities of the public administration, both promotion activities, (a) the provision of public services or the production of goods of public interest, which are susceptible to consideration, in the capacity of differentiated and dependent instrumental organizations.

2. The autonomous bodies depend on the General Administration of the State to which their strategic direction corresponds, the assessment of the results of their activity and the effectiveness control.

3. Irrespective of their name, where a public body has the legal status of an autonomous body, the name 'autonomous body' or its abbreviation 'O.A.' shall be listed in its name.

Article 99. Legal regime.

The autonomous organizations will be governed by the provisions of this Law, in its law of creation, its statutes, the Law of Common Administrative Procedure of the Public Administrations, the Royal Legislative Decree 3/2011, of 14 of In November, Law 33/2003 of 3 November 2003 and the rest of the rules of general and special administrative law applicable to it. By default of administrative rule, common law shall apply.

Article 100. Legal status of staff and recruitment.

1. The staff at the service of the autonomous agencies will be official or labor, and will be governed by the provisions of Law 7/2007, of April 12, and other regulatory regulations of the public officials and the labor regulations.

The appointment of the holders of the bodies of the autonomous bodies shall be governed by the rules applicable to the General Administration of the State.

The head of the agency's highest management body shall have the powers assigned to him by the specific legislation in the field of human resources management.

The autonomous body will be obliged to apply the human resources instructions issued by the Ministry of Finance and Public Administrations and to communicate to this department how many agreements or resolutions it adopts in application of the specific staff arrangements laid down in its Law of Creation or its statutes.

2. The recruitment of self-employed bodies shall be in accordance with the provisions of the law on public sector procurement. The holder of the highest governing body of the autonomous body shall be the contracting authority.

Article 101. Economic-financial and heritage regime.

1. Self-employed bodies shall have, for the purpose of fulfilling their objectives, their own assets, other than that of the Public Administration, consisting of all the assets and rights of which they are the holders.

The management and administration of their own property and rights, as well as those of the Administration's Heritage which are assigned to them for the purpose of their purposes, shall be exercised in accordance with the provisions of the autonomous bodies in Law 33/2003 of 3 November.

2. The economic resources of the autonomous bodies may come from the following sources:

a) The assets and values that constitute your heritage.

(b) The products and income of such assets.

(c) Specific consignations that are assigned to the general budget of the State.

(d) Current transfers or capital transfers from the government or public entities.

e) Donations, legacies, sponsorships and other contributions from private and private entities.

(f) Any other resource which they are entitled to receive, in accordance with the provisions for which they are governed or which may be attributed to them.

Article 102. Budgetary, accounting and economic-financial control arrangements.

The autonomous body shall apply the budgetary, economic-financial, accounting, and control arrangements established by Law 47/2003 of 26 November.

Section 3. State-wide business public entities

Article 103. Definition.

1. Business public entities are entities governed by public law, with their own legal personality, their own assets and autonomy in their management, which are financed mainly with market revenues and which together with the exercise of powers (a) administrative activities in the development, service management or production of goods of public interest, which may be subject to consideration.

2. Business public entities are dependent on the General Administration of the State or an autonomous body linked to or dependent on it, which corresponds to the strategic direction, the assessment of the results of its activity and the monitoring of the effectiveness.

3. Irrespective of their name, where a public body has a legal status as a business public entity, the name 'business public entity' or its abbreviation 'E.P. E' shall be listed in its name.

Article 104. Legal regime.

Business public entities are governed by private law, except in the formation of the will of their organs, in the exercise of the administrative powers conferred on them and in the specific aspects regulated for the same in this Law, in its Law of Creation, its statutes, the Law of Common Administrative Procedure, the Royal Legislative Decree 3/2011, of November 14, Law 33/2003, of November 3, and the rest of the rules of law general administrative and special administrative procedures.

Article 105. Exercise of administrative powers.

1. The administrative powers conferred on public undertakings may be exercised only by those bodies of which the statutes are expressly assigned to them.

2. However, for the purposes of this Law, the organs of the business public entities are not equivalent in terms of their administrative rank to that of the organs of the General Administration of the State, except for the exceptions which, to certain effects shall be set, in each case, in their statutes.

Article 106. Legal status of staff and recruitment.

1. The staff of the business public entities are governed by labour law, with the specifications set out in this article and the exceptions regarding public officials of the General Administration of the State, who will govern as provided for in Law 7/2007, of 12 April and other regulatory regulations of civil servants or of labour law.

2. The selection of the workforce of these entities will be performed according to the following rules:

(a) The management staff, to be determined in the statutes of the institution, shall be appointed in accordance with the criteria laid down in Article 55 (11), taking into account the experience of the performance of the responsibility for public or private management.

b) The rest of the staff will be selected by public call based on the principles of equality, merit and capacity.

3. The determination and modification of the remuneration conditions, both of the management staff and the rest of the staff, will require the joint, prior and favorable report of the Ministry of Finance and Public Administrations.

4. The Ministry of Finance and Public Administrations shall carry out, at the appropriate intervals, specific controls on the development of personnel costs and the management of their human resources, in accordance with the criteria laid down above. by the same.

5. The Law on the creation of each business entity shall determine the conditions under which the officials of the General Administration of the State may cover destinations in that entity, and shall also establish the (a) the powers of the staff which, in any event, shall be those legally conferred by the autonomous bodies.

6. The procurement of business public entities is governed by the provisions contained in the law on public sector contracts.

Article 107. Economic-financial and heritage regime.

1. Business public entities shall have, for the purposes of their purposes, a property of their own, other than that of the Public Administration, consisting of all the goods and rights of which they are the holders.

The management and administration of their own property and rights, as well as those of the Administration's Heritage which are assigned to them for the purpose of their purposes, shall be exercised in accordance with the provisions of Law 33/2003, of 3 November.

2. Business public entities may be financed from revenue arising from their operations, obtained as a consideration for their business activities, and with the economic resources that come from the following sources:

a) The assets and values that constitute your heritage.

(b) The products and income of such assets and any other resources that may be attributed to it.

Exceptionally, when provided for in the Law of Creation, it may be financed from the economic resources that come from the following sources:

(a) The specific consignations assigned to them in the General Budget of the State.

(b) Current transfers or capital transfers from public administrations or entities.

c) Donations, legacies, sponsorships, and other contributions from private and private entities.

3. Business public entities will be financed mainly with market revenues. It is understood that they are mainly financed by market revenues when they are considered to be a market producer in accordance with the European System of Accounts.

For these purposes, the classification of the different public entities will be taken into account for the purposes of the national accounting that the Technical Committee of National Accounts will carry out and that will be collected in the State, Autonomous and Local Public Sector Entities.

Article 108. Budgetary, accounting and economic-financial control arrangements.

Business public entities shall apply the budgetary, economic-financial, accounting and control arrangements established in Law 47/2003 of 26 November.

CHAPTER IV

State-wide independent administrative authorities

Article 109. Definition.

1. State-wide independent administrative authorities are the entities governed by public law which, linked to the General Administration of the State and with their own legal personality, have the powers of regulation or supervision of external character on economic sectors or determined activities, requiring their performance of functional independence or special autonomy with regard to the General Administration of the State, which shall be determined in a standard with a range of Law.

2. The independent administrative authorities shall act, in the conduct of their business and for the fulfilment of their purposes, irrespective of any business or commercial interests.

3. Irrespective of their name, where an entity has the legal status of an independent administrative authority, the name 'independent administrative authority' or its abbreviation shall be indicated in its name. "A.A.I.".

Article 110. Legal regime.

1. The independent administrative authorities shall be governed by its Law of Creation, its statutes and the special legislation of the economic sectors subject to its supervision and, in addition, and as soon as it is compatible with its nature and autonomy, the provisions of this Law, in particular the provisions for autonomous bodies, the Law of the Common Administrative Procedure of the Public Administrations, Law 47/2003, of November 26, the Royal Decree of Law 3/2011, of 14 November, Law 33/2003 of 3 November, as well as the rest of the rules of administrative law general and special to be applicable to it. By default of administrative rule, common law shall apply.

2. The independent administrative authorities shall be subject to the principle of financial sustainability in accordance with the provisions of the Organic Law 2/2012 of 27 April.

CHAPTER V

From state mercantile societies

Article 111. Definition.

1. A State-owned commercial company is understood to be a trading company on which state control is exercised:

(a) Well because direct participation, in its social capital of the General Administration of the State or some of the entities that, in accordance with the provisions of Article 84, make up the state institutional public sector, including state commercial companies, be more than 50 per 100. For the determination of this percentage, the shares corresponding to the General Administration of the State and all the entities integrated in the State institutional public sector will be added, in the case of the social capital participate several of them.

b) Well because the commercial company is in the case provided for in Article 4 of the Law 24/1988, of July 28, of the Market of Securities with respect to the General Administration of the State or its public bodies linked or dependent.

2. In the name of a commercial company which has the status of a State, the indication 'State trade company' or its abbreviation 'S.M.E.' must necessarily be indicated.

Article 112. Guiding principles.

The General Administration of the State and the entities in the institutional public sector, as holders of the social capital of state-owned commercial companies, will pursue efficiency, transparency and good governance. in the management of these commercial companies, for which they shall promote good practices and codes of conduct appropriate to the nature of each entity. This is without prejudice to the general supervision that the shareholder will exercise on the functioning of the state mercantile company, as provided for in Law 33/2003 of 3 November of the Heritage of Public Administrations.

Article 113. Legal regime.

State-owned commercial companies will be governed by the provisions of this Law, as provided for in Law 33/2003 of 3 November, and by the private legal system, except in the areas in which the regulations apply. budget, accounting, personnel, economic and financial control. In no case may they have powers involving the exercise of public authority, without prejudice to the fact that the law may exceptionally confer upon them the exercise of administrative powers.

Article 114. Creation and extinction.

1. The creation of a state mercantile company or the acquisition of this character will be authorized by agreement of the Council of Ministers which must be accompanied by a proposal of statutes and an action plan which contain, at least:

(a) The reasons that justify the creation of society because it cannot assume these functions another entity already existing, as well as the lack of duplicities. For these purposes, the analysis carried out on the existence of bodies or entities carrying out similar activities on the same territory and population and the reasons why the creation of the new company does not entail any such duplicity with existing entities.

(b) An analysis that justifies that the proposed legal form is more efficient in the face of the creation of a public body or other alternatives of organisation that have been discarded.

c) Annual goals and indicators to measure them.

The agreement on the creation of the state mercantile society will be accompanied by a favorable report from the Ministry of Finance and Public Administrations or the General Intervention of the State Administration, according to (b) determine the rules governing compliance with the provisions of this Article.

The Multi-annual Action Programme, which, under Law 47/2003 of 26 November, must draw up partnerships each year will include an annual action plan which will serve as a basis for the effectiveness of society. Failure to approve the action plan within the prescribed annual period, for which the company is responsible and until the failure to act is remedied, will lead to the cessation of the contributions to be made in favour of the company. to the general budgets of the State.

2. The liquidation of a state mercantile company shall be held by an organ of the General Administration of the State or an entity that is a member of the State institutional public sector.

The liability that corresponds to the public employee as a member of the settlement entity or body shall be directly assumed by the entity or the General Administration of the State that designated it, who may require the office of its own (a) public employee liability which, where appropriate, is the case where he or she concurs with, fault or gross negligence in accordance with the provisions of the administrative laws in matters of patrimonial liability.

Article 115. Liability regime applicable to the members of the boards of directors of the state commercial companies appointed by the General Administration of the State.

1. The liability of the public employee as a member of the Board of Directors shall be directly assumed by the General Administration of the State that designated it.

2. The General Administration of the State may, of its own motion, require the public employee who has appointed the management board as a member of the management board to be responsible for the damage caused to his property or rights where he has This is the case, or serious negligence or negligence, in accordance with the provisions of the administrative laws in the field of patrimonial liability.

Article 116. Guardianship.

1. By authorising the formation of a State-owned commercial company in the form of a public limited liability company, as provided for in Article 166.2 of Law No 33/2003 of 3 November, the Council of Ministers may confer on a Ministry of keep a specific relationship with the social object of the society, the functional protection of the society.

2. In the absence of this express attribution it will be entirely up to the Ministry of Finance and Public Administrations to exercise the powers that this Law and Law 33/2003, of 3 November, grant for the supervision of the activity of the society.

3. The Ministry of Protection shall exercise control of effectiveness and instruct society with regard to the lines of strategic action and shall set out the priorities in the implementation thereof, and shall propose its incorporation into the operating budget and Capital and multi-annual programmes of action, subject to compliance with the financial aspects of the General Directorate of the State's Heritage, in the case of companies whose capital is fully applicable to the General Administration of the State, or of the public body which is the holder of its capital.

4. In exceptional cases, duly justified, the holder of the department to which his/her protection corresponds may give instructions to the companies to carry out certain activities, where it is in the public interest to carry them out.

5. Where the instructions given by the Ministry of Protection involve a variation of the Operating and Capital Budgets in accordance with the provisions of Law 47/2003 of 26 November, the administrative body may not initiate the completion of the instruction without the authorisation of the competent authority to carry out the relevant modification.

6. In this case, the directors of the companies to whom these instructions have been delivered shall act diligently for their execution, and shall be exempt from the liability provided for in Article 236 of the Royal Legislative Decree 1/2010, July 2, by which the recast text of the Capital Companies Act is approved, if the compliance with these instructions will result in harmful consequences.

Article 117. Budgetary, accounting, economic and financial control arrangements.

1. State-owned commercial companies will draw up an annual operating and capital budget and an action plan that forms part of the Multiannual Programme, which will be integrated with the General Budget of the State. The Programme shall contain the three-year review of the establishment plan referred to in Article 85.

2. State-owned commercial companies shall formulate and render their accounts in accordance with the accounting principles and standards set out in the Trade Code and the General Accounting Plan and provisions that develop it.

3. Without prejudice to the powers conferred on the Court of Auditors, the financial economic management of state commercial companies shall be subject to the control of the General Intervention of the State Administration.

4. The staff of the state commercial companies, including the one who has a managerial status, shall be governed by labour law, as well as by the rules applicable to them according to their membership of the state public sector, including always among the same budgetary rules, especially as set out in the General Budget Laws of the State.

CHAPTER VI

From the consortia

Article 118. Definition and own activities.

1. The consortia are entities governed by public law, with their own legal personality and differentiated, created by several public administrations or entities belonging to the institutional public sector, among themselves or with the participation of private entities, for the development of activities of common interest to all of them within the scope of their competences.

2. Consortia may carry out promotion, lending or common management of public services, and any other activities are provided for in the laws.

3. Consortia may be used for the management of public services within the framework of the cross-border cooperation agreements in which the Spanish authorities are involved, and in accordance with the provisions of the international conventions. ratified by Spain in the field.

4. The name of the consortia must necessarily include the indication "consortium" or its abbreviation "C".

Article 119. Legal regime.

1. The consortia shall be governed by the provisions of this Law, the autonomous development rules and their statutes.

2. As not provided for in this Law, in the applicable autonomous regulations, nor in its Statutes on the regime of the right of separation, dissolution, liquidation and extinction, the Civil Code on civil society will be included, except for the (a) to be settled, which shall be subject to the provisions of Article 97, and, failing that, the Royal Decree-Law 1/2010 of 2 July 2010.

3. The rules laid down in Law 7/1985 of 2 April and Law 27/2013 of 21 December on the rationalization and sustainability of the Local Government on the local Consorcios will be of an additional nature in relation to the provisions of the Law.

Article 120. System of attachment.

1. The statutes of each consortium shall determine the Public Administration to which it shall be attached in accordance with the provisions of this Article.

2. In accordance with the following criteria, which are ordered by priority in their implementation and referred to the situation on the first day of the financial year, the consortium shall be assigned, in each financial year and for the whole of this period, to the Public Administration:

a) Dispose of the majority of votes in the governing bodies.

b) Have the powers to appoint or remove the majority of the members of the executive bodies.

c) Have the powers to appoint or remove the majority of the members of the management staff.

d) Dispose greater control over the activity of the consortium due to special regulations.

e) Have the powers to appoint or remove the majority of the members of the governing body.

f) Financing by more than fifty percent, in default, to a greater extent the activity developed by the consortium, taking into account both the contribution of the equity fund and the funding granted each year.

g) Ostend the largest percentage of equity in the wealth fund.

h) Have a greater number of inhabitants or territorial extension depending on whether the purposes defined in the statute are oriented to the provision of services to the people, or to the development of actions on the territory.

3. In the event that private entities participate in the consortium, the consortium shall not be for profit and shall be attached to the Public Administration that is consistent with the criteria set out in the previous paragraph.

4. Any change in the membership of a public administration, whatever its cause, shall entail the amendment of the statutes of the consortium within a period of not more than six months from the beginning of the following financial year. the one on the change of attachment.

Article 121. Staff scheme.

The staff at the service of the consortiums may be official or labor and will be exclusively from the participating administrations. Its legal status shall be that of the public administration of the post and its remuneration shall in no case exceed those laid down for equivalent employment in that State.

Exceptionally, when it is not possible to count on staff from the administrations participating in the consortium to pay attention to the uniqueness of the functions to be performed, the Ministry of Finance and Administrations Public, or the competent authority of the Administration to which the consortium is attached, may authorise the direct recruitment of staff by the consortium for the exercise of those tasks.

Article 122. Budgetary, accounting, economic and financial control arrangements.

1. The consortia shall be subject to the system of budgeting, accounting and control of the Public Administration to which they are attached, without prejudice to their subjection to the provisions of the Organic Law 2/2012 of 27 April.

2. For the purposes of determining the financing by the Eligible Administrations, account shall be taken of existing statutory or conventional commitments as well as actual funding, by analysing the actual disbursements of the all contributions made.

3. In any event, an audit of the annual accounts shall be carried out which shall be the responsibility of the control body of the Administration to which the consortium has been assigned.

4. The consortia must be part of the budgets and be included in the general account of the Public Administration.

5. The consortia shall be governed by the property rules of the Public Administration to which they are attached.

Article 123. Creation.

1. The consortia shall be established by agreement concluded by the administrations, public bodies or participating entities.

2. A consortium involving the General Administration of the State or its public bodies and related or dependent entities shall require:

a) That their creation be authorized by law.

(b) The establishment agreement shall require prior authorization from the Council of Ministers. The competence for the subscription of the Convention shall not be the subject of delegation, and shall be the responsibility of the holder of the participating ministerial department, and in the field of the autonomous bodies, to the holder of the body's highest management body, prior to the report of the Ministry of which it is dependent or to which it is linked.

(c) The convention shall form part of the statutes, a plan of action, in accordance with Article 92, and a three-year budget projection, in addition to the favourable mandatory report of the Ministry of Finance and Public Administrations. The agreement signed together with the statutes, as well as their modifications, will be published in the "Official Gazette of the State".

Article 124. Content of the statutes.

The statutes of each consortium will determine the Public Administration to which it will be attached, as well as its organic, functional and financial regime in accordance with the provisions of this Law, and at least the following aspects:

a) Headquarters, object, purpose, and functions.

b) Identification of participants in the consortium as well as the contributions of its members. For these purposes, in application of the principle of liability provided for in Article 8 of the Organic Law 2/2012 of 27 April 2012, the statutes will include clauses limiting the activities of the consortium if the consorcated entities fail to comply. the financing commitments or any other type, as well as formulas for the assurance of the amounts committed by the entities involved prior to the implementation of the budgeted activities.

(c) Governments and administration bodies, as well as their composition and functioning, with the express indication of the arrangements for the adoption of agreements. Clauses providing for temporary suspension of the right to vote or for participation in the formation of agreements may be included where the authorities or entities in which they are established are manifestly in breach of their obligations to consortium, in particular as regards the commitments to finance the activities of the consortium.

d) Dissolution causes.

Article 125. Causes and procedure for the exercise of the right of separation of a consortium.

1. The members of a consortium, to which the provisions of this Law or Law 7/1985 of 2 April of 2 April apply, may be separated from it at any time provided that the term of the consortium has not been completed.

When the consortium has a fixed duration, any of its members may be separated before the end of the period if any of the members of the consortium have failed to fulfil any of its statutory obligations and, in In particular, those that prevent the creation of the consortium, such as the obligation to make contributions to the equity fund, will be prevented.

When a municipality ceases to provide a service, as provided for in Law 7/1985, of April 2, and that service is one of the services provided by the Consortium to which it belongs, the municipality may be separated from it.

2. The right of separation shall be exercised in writing notified to the maximum governing body of the consortium. The letter must state, where appropriate, the non-compliance that motivates the separation if the consortium has a fixed duration, the formulation of a prior requirement for its compliance and the time limit granted to comply with the requirement.

Article 126. Effects of the exercise of the right of separation of a consortium.

1. The exercise of the right of separation produces the dissolution of the consortium unless the other members, in accordance with their statutes, agree to their continuity and remain in the consortium, at least two administrations, or entities or public bodies linked or dependent on more than one Administration.

2. Where the exercise of the right of separation does not lead to the dissolution of the consortium, the following rules shall apply:

(a) The separation fee corresponding to the person exercising his right of separation, in accordance with the participation that would have been in the balance resulting from the net worth, has been calculated to have taken place settlement, taking into account the allocation criterion laid down in the statutes.

In the absence of any statutory provision, it shall be considered as a separation fee that would have been in the liquidation. In the absence of a determination of the settlement fee, account shall be taken of both the percentage of the contributions to the equity fund of the consortium which has carried out the right of separation, and the financing granted each year. If the member of the consortium who is separated has not made any contributions because he is not obliged to do so, the allocation criterion shall be the revenue share which, if any, it would have received during the time it has belonged to the consortium.

The form and conditions of the payment of the separation fee shall be agreed by the consortium, in the event that the separation fee is positive, as well as the form and conditions of the payment of the debt to which it exercises. the right of separation if the fee is negative.

The effective separation of the consortium will occur once the separation fee is determined, in the event that the separation fee is positive, or once the debt has been paid, if the fee is negative.

(b) If the consortium was attached, in accordance with the provisions of the Law, to the Administration that has exercised the right of separation, it will have to be agreed by the consortium to which it is attached, of the other Administrations or entities or public bodies linked or dependent on an Administration that remain in the consortium, in accordance with the criteria set out in the Act.

Article 127. Dissolution of the consortium.

1. The dissolution of the consortium produces its liquidation and extinction. In any case it will be a cause of dissolution that the purposes for which the consortium was created have been fulfilled.

2. The maximum governing body of the consortium when adopting the dissolution agreement shall appoint a liquidator who shall be a related or dependent organ or entity of the Public Administration to which the consortium is attached.

The liability that corresponds to the public employee as a member of the settlement entity or body shall be directly assumed by the entity or the Public Administration that designated it, who may require the employee to be of trade (a) the liability which, where appropriate, is the case where it has been subject to serious misconduct, fault or negligence in accordance with the provisions of the administrative laws in matters of patrimonial liability.

3. The liquidator shall calculate the settlement fee corresponding to each member of the consortium in accordance with the provisions of the statutes. If it is not provided for in the statutes, the said quota shall be calculated in accordance with the share corresponding to the balance resulting from the net worth after the liquidation, taking into account that the allocation criterion shall be the in the statutes.

In the absence of a statutory forecast, account shall be taken of both the percentage of contributions made by each member of the consortium to the equity fund and the financing granted each year. If any of the members of the consortium have not made contributions because they are not obliged to do so, the allocation criterion shall be the participation in the revenue which, if any, it would have received during the time it has belonged to the consortium. consortium.

4. The form and conditions under which payment of the settlement fee will take place shall be agreed by the consortium in the event that the settlement fee is positive.

5. The consorted entities may agree, with the majority laid down in the statutes, or in the absence of a statutory provision, by unanimity, the global transfer of assets and liabilities to another legally appropriate public sector entity with the the purpose of maintaining the continuity of the activity and achieving the objectives of the extinguishing consortium. The global disposal of assets and liabilities shall involve the termination without liquidation of the transferor consortium.

CHAPTER VII

From State Public Sector Foundations

Article 128. Definition and own activities.

1. It is state public sector foundations that meet any of the following requirements:

(a) That they constitute in an initial way, with a majority, direct or indirect contribution, of the General Administration of the State or any of the individuals who are members of the State institutional public sector; or such a contribution after its constitution.

b) That the patrimony of the foundation be integrated into more than 50 percent by goods or rights contributed or transferred by individuals from the state institutional public sector on a permanent basis.

c) Most voting rights in your employer correspond to representatives of the state institutional public sector.

2. They are activities of the state public sector foundations, which are not for profit, for the purposes of general interest, regardless of whether the service is provided free of charge or through consideration.

Only will be able to carry out activities related to the competence of the entities of the public sector founders, and must contribute to the achievement of the ends of the same ones, without this assuming the assumption of their own powers, except express legal provision. Foundations may not exercise public powers.

In the name of the foundations of the state public sector, the indication "foundation of the public sector" or its abbreviation "F.S.P." must necessarily be included.

3. For the financing of the activities and the maintenance of the foundation, provision should be made for the possibility that in the public sector foundations ' assets there may be a non-majority contribution from the private sector.

Article 129. System of attachment of foundations.

1. The statutes of each foundation shall determine the Public Administration to which it shall be attached in accordance with the provisions of this Article.

2. According to the following criteria, ordered by priority in their implementation, referring to the situation on the first day of the financial year, the public sector foundation will be assigned, in each financial year and all over the year. period, to the Public Administration which:

a) Dispose most employers.

b) Have the powers to appoint or remove the majority of the members of the executive bodies.

c) Have the powers to appoint or remove the majority of the members of the management staff.

d) Have the powers to appoint or remove the majority of the board members.

e) Financie by more than fifty percent, in its absence, to a greater extent the activity developed by the foundation, taking into account both the contribution of the wealth fund and the funding granted each year.

f) Ostend the largest percentage of equity in the equity fund.

3. In the event that private non-profit entities participate in the foundation, the public sector foundation shall be assigned to the Administration that is consistent with the criteria set out in the previous paragraph.

4. Any change in the membership of a public administration, whatever its cause, shall entail the amendment of the statutes to be made within a period of not more than three months from the beginning of the following financial year. to the one on which the change of attachment occurred.

Article 130. Legal regime.

The foundations of the state public sector are governed by the provisions of this Law, by Law 50/2002, of December 26, of Foundations, the autonomous legislation that is applicable in the field of foundations, and by the (a) private law, except in matters where the budgetary, accounting, economic and financial control rules and public sector procurement rules apply.

Article 131. Recruitment scheme.

The hiring of state public sector foundations will be in accordance with the provisions of public sector procurement legislation.

Article 132. Budgetary, accounting, economic and financial control arrangements.

1. State public sector foundations will annually draw up a farm and capital budget, which will be integrated with the General Budget of the State and will be formulated and presented in accordance with the principles and rules of the State. accounts collected in the adaptation of the General Accounting Plan to non-profit entities and provisions that develop it, as well as the regulations in force on foundations.

2. The foundations of the State public sector shall apply the budgetary, financial, accounting and control arrangements established by Law 47/2003 of 26 November and without prejudice to the powers conferred on the Court of Auditors, shall be subject to the control of the General Intervention of the State Administration.

3. The staff of the foundations of the State public sector, including those who have a managerial status, shall be governed by labour law, as well as by the rules applicable to them according to their membership of the State public sector, including the budgetary rules and the provisions of the General Budget Laws of the State.

Article 133. Creation of state public sector foundations.

1. The creation of the foundations of the state public sector or the acquisition of this character in an overcoming manner shall be carried out by law which shall establish the purposes of the foundation and, where appropriate, the economic resources with which it is given.

2. The preliminary draft law for the creation of a State public sector foundation to be raised to the Council of Ministers must be accompanied by a proposal for a statute and the action plan, in accordance with Article 92, together with the favourable mandatory report of the Ministry of Finance and Public Administrations or the General Intervention of the State Administration, as determined by regulation.

3. The statutes of the foundations of the state public sector will be approved by Royal Decree of the Council of Ministers, jointly proposed by the holder of the Ministry of Finance and Public Administrations and the Ministry that exercises the protectorate, which shall be determined in its Statutes. However, the Ministry to which the foundation is initially attached may be amended by the Council of Ministers ' Agreement.

Article 134. Protectorate.

The Protectorate of public sector foundations will be exercised by the organ of the administration of association that has such competence, which will ensure compliance with the obligations laid down in the regulations. on foundations, without prejudice to the effective control and ongoing supervision to which they are subject in accordance with the provisions of this Law.

Article 135. Organizational structure.

In state public sector foundations, the majority of members of the board of trustees will be appointed by state public sector individuals.

The liability that corresponds to the public employee as a member of the board will be directly assumed by the entity or the General Administration of the State that designated it. The General Administration of the State may, of its own motion, require the public employee who has designated such effects to be liable for the damage caused to his property or rights when he or she has attended, or is guilty of, or serious negligence, in accordance with the provisions of the administrative laws relating to property liability.

Article 136. Merger, dissolution, liquidation and extinction.

The state public sector foundations will be subject to the merger, dissolution, liquidation and extinction scheme provided for in Articles 94, 96 and 97.

CHAPTER VIII

From funds lacking legal personality in the state public sector

Article 137. Creation and extinction.

1. The creation of funds lacking legal personality in the state public sector will be carried out by law. The rule of creation shall expressly determine its membership of the General Administration of the State.

2. Regardless of their creation by law they will be extinguished by regulatory standard.

3. The name of the funds lacking legal personality must necessarily include the indication 'background lacking legal personality' or its abbreviation 'F.C.P. J'.

Article 138. Legal regime.

Funds lacking legal personality shall be governed by the provisions of this Law, in its rule of creation, and the other rules of general and special administrative law that apply to it.

Article 139. Budgetary, accounting and economic-financial control arrangements.

Funds without legal personality shall be subject to the budget, accounting and control arrangements provided for in Law 47/2003 of 26 November.

TITLE III

Interadministrative relationships

CHAPTER I

General principles of interadministrative relationships

Article 140. Principles of inter-administrative relations.

1. The different Public Administrations act and relate to other administrations and entities or bodies linked to or dependent on them in accordance with the following principles:

a) Institutional loyalty.

b) Adequation to the order of distribution of competences established in the Constitution and the Statutes of Autonomy and the rules of the local regime.

c) Collaboration, understood as the duty to act with the rest of Public Administrations for the achievement of common purposes.

(d) Cooperation, when two or more Public Administrations, on a voluntary basis and in the exercise of their powers, make specific commitments in the interests of common action.

e) Coordination, under which a Public Administration and, singularly, the General Administration of the State, has an obligation to ensure the coherence of the actions of the different Public Administrations affected by the same subject in order to achieve a common result, when the Constitution and the rest of the legal order provide for it.

f) Efficiency in the management of public resources, sharing the use of common resources, unless it is not possible or justified in terms of their best use.

g) Responsibility of each Public Administration in the fulfilment of its obligations and commitments.

h) Guarantee and equality in the exercise of the rights of all citizens in their relations with the different administrations.

i) Interterritorial solidarity in accordance with the Constitution.

2. As not provided for in this Title, the relations between the General Administration of the State or the Administrations of the Autonomous Communities with the Entities that make up the Local Administration shall be governed by the basic legislation in the field of of local speed.

CHAPTER II

Collaboration Duty

Article 141. Duty of collaboration between the Public Administrations.

1. Public Administrations shall:

(a) Respect the legitimate exercise by the other Administrations of their powers.

(b) To put in place, in the exercise of its own powers, the totality of the public interests involved and, in particular, those whose management is entrusted to the other Administrations.

(c) to provide the other administrations with the information they need about the activity they carry out in the exercise of their own competences or which is necessary for citizens to be able to access it in a comprehensive manner; information regarding a subject matter.

d) To provide, in its own field, the assistance that other administrations may request for the effective exercise of their powers.

e) Meet the specific obligations arising from the duty of collaboration and the remaining obligations to be established in a standard way.

2. The requested assistance and cooperation may be refused only if the public body or the entity requested is not entitled to lend it in accordance with its specific rules, without sufficient means to do so or where, in so doing, it causes serious harm to the interests of which the protection of the interests is entrusted or to the fulfilment of its own functions or where the information requested is confidential or reserved. The refusal to provide the assistance shall be provided on the grounds of the applicant administration.

3. The General Administration of the State, those of the Autonomous Communities and those of the Local Entities shall cooperate and assist in the execution of their acts which are to be carried out or have effects outside their respective territorial areas. Any costs that may be incurred by the collaborative duty may be passed on when agreed.

Article 142. Collaboration techniques.

The obligations arising from the duty of collaboration will be effective through the following techniques:

(a) The provision of information, data, documents or evidence which are available to the public body or entity to which the application is addressed and which the applicant administration requires for the exercise of their powers.

b) The creation and maintenance of integrated systems of administrative information in order to have up-to-date, complete and permanent data concerning the different areas of administrative activity throughout the national territory.

c) The duty of assistance and assistance, in order to meet the requests made by other administrations for the best exercise of their powers, in particular when the effects of their administrative activity are extended beyond their territorial scope.

d) Any other provided for in a Law.

CHAPTER III

Cooperation relationships

Section 1. Cooperation Techniques

Article 143. Cooperation between Public Administrations.

1. Administrations shall cooperate in the service of the general interest and may agree on a voluntary basis how to exercise their respective powers which best serves this principle.

2. The formalisation of cooperative relations will require the express acceptance of the parties, formulated in agreements of cooperation bodies or conventions.

Article 144. Techniques of Cooperation.

1. Compliance with the principle of cooperation may be carried out in accordance with the techniques which the relevant authorities consider to be most appropriate, such as:

(a) Participation in cooperation bodies, in order to deliberate and, where appropriate, to agree on measures in matters for which different public administrations have competence.

b) Participation in consultative bodies of other public administrations.

c) The participation of a Public Administration in public bodies or entities that are dependent or linked to other different Administration.

d) The provision of material, economic or personal means to other Public Administrations.

e) Inter-administrative cooperation for the coordinated implementation of regulatory regulation for a given matter.

f) The issuance of non-mandatory reports in order for different administrations to express their views on proposals or actions that have an impact on their competencies.

g) Actions for cooperation in the field of assets, including changes in ownership and the disposal of assets, as provided for in the assets legislation.

h) Any other provided for in the Act.

2. The agreements and agreements in which cooperation is formalised shall provide for the conditions and commitments assumed by the parties to which they subscribe.

3. Each Public Administration shall keep up to date an electronic register of the cooperation bodies in which it participates and of the conventions it has signed.

Section 2. Organic Cooperation Techniques

Article 145. Cooperation bodies.

1. The cooperation bodies are bodies of a multilateral or bilateral composition, of a general or special scope, consisting of representatives of the General Administration of the State, the Administrations of the Communities or Cities of Ceuta and Melilla or, where appropriate, Local Entities, to voluntarily agree on actions that improve the exercise of the competencies that each Public Administration has.

2. The cooperation bodies shall be governed by the provisions of this Law and the specific provisions applicable to them.

3. The bodies of cooperation between different public administrations in which the General Administration of the State participates, must be registered in the State Register of Organs and Cooperation Instruments to be valid for their session. constitutive.

4. The cooperation bodies, with the exception of any of the parties, may adopt agreements by means of a simplified procedure and by successive subscription of the parties, by any of the forms admitted in law, in the terms which are establish by common agreement.

Article 146. Conference of Presidents.

1. The Conference of Presidents is an organ of multilateral cooperation between the Government of the Nation and the respective Governments of the Autonomous Communities and is formed by the President of the Government, who chairs the Conference, and by the Presidents of the Autonomous Communities and the Cities of Ceuta and Melilla.

2. The Conference of Presidents is intended to discuss matters and the adoption of agreements of interest to the State and the Autonomous Communities, assisted in the preparation of their meetings by a preparatory committee for which they form Part of a Government Minister, who chairs him, and a Counsellor from each Autonomous Community.

Article 147. Sectoral Conferences.

1. The Sectoral Conference is an organ of cooperation, of a multilateral composition and a specific sectoral scope, which brings together, as President, the member of the Government which, on behalf of the General Administration of the State, is competent to the reason for the matter, and the corresponding members of the Governing Councils, representing the Autonomous Communities and the Cities of Ceuta and Melilla.

2. The Sectoral Conferences, or bodies subject to their legal status with another name, shall be registered in the State Electronic Register of Bodies and Cooperation Instruments for their valid constitution.

3. Each Sectoral Conference shall have an internal organisation and functioning regulation approved by its members.

Article 148. Functions of the Sectoral Conferences.

1. The Sectoral Conferences may carry out consultative, decision-making or coordination functions aimed at reaching agreements on common matters.

2. In particular, the Sectoral Conferences shall exercise, inter alia, the following functions:

(a) Be informed about the laws and draft regulations of the Government of the Nation or the Councils of Government of the Autonomous Communities when they directly affect the competence of the other public administrations or when provided for in the relevant sectoral rules, either through their full or through the commission or the working group mandated to this effect.

b) Establish specific cooperation plans between Autonomous Communities in the relevant sector, seeking the elimination of duplication, and the achievement of better efficiency of public services.

c) To exchange information on the actions scheduled by the different Public Administrations, in exercise of their powers, and which may affect the other Administrations.

d) Establish mechanisms for the exchange of information, especially statistical content.

e) Agree on the internal organization of the Sectoral Conference and its working method.

f) Set the objective criteria to serve as a basis for the territorial distribution of budget appropriations, as well as their distribution at the beginning of the financial year, in accordance with the provisions of Law 47/2003 of 26 June 2003. November.

Article 149. Call for meetings of the Sectoral Conferences.

1. It is up to the Minister who chairs the Sectoral Conference to agree on the convening of meetings on their own initiative, at least once a year, or at least one third of their members. In the latter case, the application shall include the draft agenda.

2. The notice, which must be accompanied by the necessary documents in good time, must contain the order of the day provided for each session, without any questions which do not appear in it, unless all the members of the The Sectoral Conference shall express its conformity. The agenda for each meeting shall be proposed by the President and shall specify the advisory, decision-making or coordination of each of the matters to be dealt with.

3. Where the sectoral conference is to meet with the sole purpose of informing a regulatory project, the convocation, constitution and adoption of agreements may be carried out by electronic, telephone or audiovisual means, which guarantee the communication between them and the unit of act, such as videoconferencing or electronic mail, with the understanding of the agreements adopted at the place of the presidency, in accordance with the procedure laid down in the internal functioning of the sectoral conference.

In accordance with the provisions of this paragraph, the elaboration and remittance of minutes may be carried out through electronic means.

Article 150. Secretariat of the Sectoral Conferences.

1. Each Sectoral Conference will have a Secretary to be appointed by the President of the Sectoral Conference.

2. It is for the Secretary of the Sectoral Conference, at least, the following functions:

a) Prepare meetings and attend them with voice but no vote.

b) To convene the sessions of the Sectoral Conference on the order of the President.

c) Receive the communication acts of the members of the Sectoral Conference and therefore the notifications, requests for data, corrections or any other kind of writing from which they must be aware.

d) Compose and authorize the minutes of the sessions.

e) Exorder certifications from approved queries, recommendations and agreements, and safeguard the documentation generated for the purpose of holding your meetings.

f) How many other functions are inherent in your secretary's condition.

Article 151. Class of decisions of the Sectoral Conference.

1. The adoption of decisions will require the prior vote of the members of the Sectoral Conference. This vote will take place by the representation that each Public Administration has and not by the different members of each one of them.

2. Decisions taken by the Sectoral Conference may take the form of:

(a) Agreement: means a commitment to take action in the exercise of the respective powers. They are binding and directly enforceable in accordance with the provisions of Law 29/1998 of July 13, regulating the Jurisdiction-Administrative Jurisdiction, except for those who have voted against it until they decide to subscribe to them. after. The agreement shall be certified in minutes.

When the General Administration of the State exercises coordination functions, in accordance with the constitutional order for the distribution of competences of the respective material scope, the Agreement to be adopted at the Sectoral Conference, and in which the special votes that have been formulated shall be included, it shall be compulsory for all the Public Administrations of the Sectoral Conference, regardless of the meaning of their vote, being enforceable in accordance with The provisions of Law No 29/1998 of 13 July 1998. The agreement shall be certified in minutes.

The Sectoral Conferences will be able to adopt joint plans, of a multilateral nature, between the General Administration of the State and that of the Autonomous Communities, to commit joint actions for the achievement of the common objectives, which will have the nature of the Sector Conference Agreement and will be published in the "Official State Gazette".

The approval of the plans must specify, according to their nature, the following elements, as provided for in the budget legislation:

1. The objectives of common interest to be met.

2. The actions to be developed by each Administration.

3. The contributions of personal and material means of each Administration.

4. The financial resources contribution commitments.

5. The duration, as well as the monitoring, evaluation and modification mechanisms.

b) Recommendation: it is intended to express the opinion of the Sectoral Conference on a subject that is subject to its consultation. The members of the Sectoral Conference undertake to guide their action in this matter in accordance with the provisions of the Recommendation, except those who have voted against it until they have decided to sign it later. If any member departs from the Recommendation, it must be motivated and incorporated in the relevant file.

Article 152. Sectoral Commissions and Working Groups.

1. The Sectoral Commission is the body of work and general support of the Sectoral Conference, being constituted by the Secretary of State or higher body of the General Administration of the State designated for that purpose by the Minister. a representative of each Autonomous Community, as well as a representative of the City of Ceuta and the City of Melilla. The exercise of the functions of the Secretariat of the Sectoral Commission shall be carried out by an official of the Ministry concerned.

If this is provided for in the internal rules of operation of the Sectoral Conference, the sectoral commissions and working groups may operate electronically or by telephone or audiovisual means, which guarantee the communication between them and the unit of act, such as videoconferencing or electronic mail, understanding the agreements adopted at the place where the presidency is, in accordance with the procedure laid down in the Internal functioning of the Sectoral Conference.

2. The Sectoral Commission shall perform the following tasks:

a) The preparation of the meetings of the Sectoral Conference, in order to address the issues included in the agenda of the convocation.

b) The follow-up to the agreements adopted by the Sectoral Conference.

c) The monitoring and evaluation of the Working Groups constituted.

d) Any other entrusted to you by the Sectoral Conference.

3. The Sectoral Conferences may set up working groups of permanent or temporary nature, consisting of Directors-General, Deputy Directors-General or equivalent of the various Public Administrations forming part of that Conference, to carry out the technical tasks assigned to them by the Sectoral Conference or the Sectoral Commission. These working groups may be invited experts of recognized prestige in the subject matter to be treated.

The director of the Working Group, who will be a representative of the General Administration of the State, may request with the favorable vote of the majority of its members, the participation in the same of the organizations representative of the interests concerned, in order to obtain proposals or to make consultations.

Article 153. Bilateral Cooperation Committees.

1. The bilateral Cooperation Committees are bilateral composition cooperation bodies which, by an equal number of representatives, bring together members of the Government, representing the General Administration of the State, and members of the Government of the Autonomous Community or representatives of the City of Ceuta or the City of Melilla.

2. The bilateral Cooperation Committees exercise functions of consultation and the adoption of agreements aimed at improving coordination between the respective administrations in matters which are of particular concern to the Autonomous Community, the City of Ceuta or the City of Melilla.

3. For the development of their activity, the Bilateral Cooperation Committees may set up working groups and may convene and adopt agreements by videoconference or by electronic means.

4. The decisions taken by the Bilateral Cooperation Committees shall take the form of agreements and shall be binding upon them, where expressly provided for, for the two administrations that subscribe to it and in that case they shall be required. as set out in Law 29/1998 of 13 July. The agreement shall be certified in minutes.

5. The provisions of this Article shall apply without prejudice to the peculiarities which, in accordance with the basic purposes laid down, shall be laid down in the Statute of Autonomy in the field of the organization and functions of the committees. bilateral.

Article 154. Territorial Coordination Committees.

1. Where the territorial proximity or the concurrence of administrative functions so requires, Territorial Coordination Committees, of multilateral composition, may be set up between administrations whose territories are coincident or to improve the coordination of the provision of services, prevent duplication and improve the efficiency and quality of services. Depending on the authorities concerned by reason of the matter, these Commissions may be formed by:

(a) Representatives of the General Administration of the State and representatives of the Local Entities.

(b) Representatives of the Autonomous Communities and representatives of local authorities.

c) Representatives of the General Administration of the State, representatives of the Autonomous Communities and representatives of the Local Entities.

2. The decisions taken by the Territorial Cooperation Committees shall take the form of Agreements, which shall be certified in the minutes and shall be binding upon the Administrations which subscribe and require them in accordance with the provisions of the Law 29/1998 of 13 July.

3. The arrangements for the calls and the secretariat shall be the same as that laid down for the Sectoral Conferences in Articles 149 and 150, with the exception of the rule laid down for who is to perform the duties of the Secretary, who shall be appointed according to his internal operating rules.

CHAPTER IV

Electronic relationships between administrations

Article 155. Data transmissions between Public Administrations.

1. In accordance with the provisions of the Organic Law 15/1999 of 13 December, the Protection of Personal Data and its development regulations, each Administration must facilitate the access of the other Public Administrations to the data relating to the data subjects in their possession, specifying the conditions, protocols and functional or technical criteria necessary to access such data with the maximum guarantees of security, integrity and availability.

2. The availability of such data will be strictly limited to those who are required to those concerned by the other Administrations for the processing and resolution of the procedures and actions of their competence, according to the regulatory regulations for the same.

3. The General Administration of the State, the Autonomous Administrations and the Local Entities shall take the necessary measures and incorporate in their respective fields the necessary technologies to enable the interconnection of their networks to the end to set up a communications network linking the information systems of the public administrations and enabling the exchange of information and services between them, as well as the interconnection with the networks of the institutions of the Union European and other Member States.

Article 156. National Interoperability and National Security Scheme scheme.

1. The National Interoperability Scheme comprises all the criteria and recommendations in the field of safety, conservation and standardisation of information, formats and applications which must be taken into account by the Member States. Public administrations for technological decision making to ensure interoperability.

2. The National Security Scheme aims to establish security policy in the use of electronic means in the field of this Law, and is constituted by the basic principles and minimum requirements that guarantee properly the security of the treated information.

Article 157. Reuse of Administration-owned systems and applications.

1. The administrations shall make available to any of them the applications, developed by their services or which have been the subject of recruitment and whose intellectual property rights are the holders, except that the information to which they are associated is subject to special protection by a standard. The transferor and transferee administrations may agree on the impact of the cost of acquisition or manufacturing of the transferred applications.

2. The applications referred to in the previous paragraph may be declared as open sources, where greater transparency in the operation of the public administration is derived from it or the incorporation of the public authorities is encouraged. citizens to the Information Society.

3. Public administrations, prior to the acquisition, development or maintenance throughout the entire life cycle of an application, whether it is carried out with its own means or by the contracting of the services concerned, should be consulted in the general directory of applications, dependent on the General Administration of the State, if there are solutions available for reuse, which can fully or partially satisfy the needs, improvements or upgrades which are intended to be covered, and provided that the technological requirements for interoperability and security so allow.

This directory will consist of both the available applications of the General Administration of the State and those available in the integrated application directories of the other Administrations.

In the event of a solution available for full or partial reuse, the Public Administrations will be obliged to use it, unless the decision not to reuse it is justified in terms of efficiency according to the Article 7 of the Organic Law 2/2012, of 27 April, of budgetary stability and financial sustainability.

Article 158. Transfer of technology between Administrations.

1. Public Administrations shall keep updated directories of applications for free reuse in accordance with the provisions of the National Interoperability Scheme. These directories must be fully interoperable with the general directory of the General Administration of the State, in order to ensure their IT compatibility and interconnection.

2. The General Administration of the State, will maintain a general directory of applications for reuse, support the free reuse of applications and promote the development of common applications, formats and standards in the framework of the national interoperability and safety schemes.

Additional disposition first. Management of the Historical Territories of the Basque Country.

In the Autonomous Community of the Basque Country, for the purposes of the second article, the General Government shall be understood to mean the Foral Diputations and the Institutional Administrations of them dependent or linked.

Additional provision second. Government delegates in the cities of Ceuta and Melilla.

1. In the cities of Ceuta and Melilla there will be a Government Delegate representing the Government of the Nation in its territory.

2. The provisions contained in this Law that refer to the Government Delegates in the Autonomous Communities should also be understood as referring to the Government Delegates in the cities of Ceuta and Melilla.

3. In the cities of Ceuta and Melilla, there will be a Commission of assistance to the Government Delegate, chaired by the Secretary General and those responsible for the territorial services. The members of the territorial bodies and services, both integrated and non-integrated, should be assisted by the Government Delegate in their sessions.

Additional provision third. Relations with the cities of Ceuta and Melilla.

The provisions of this Law on the relations between the General Administration of the State and the Administrations of the Autonomous Communities will apply to relations with the cities of Ceuta and Melilla in that affect the exercise of the statutory powers assumed.

Additional provision fourth. Adaptation of existing public entities and bodies at the state level.

All public entities and bodies that make up the state public sector existing at the time of the entry into force of this Law will have to adapt to the content of the law within three years from their entry into force. in force, running until the adaptation is made by its specific regulations.

The adaptation will be carried out by preserving the current specialties of the agencies and entities in terms of personnel, patrimony, budgetary regime, accounting, economic and financial control and operations as agent of financing, including, in respect of the latter, the submission, where appropriate, to the private legal system. Specialties shall be preserved provided that they have not resulted in significant deficiencies in the control of revenue and expenditure causing a situation of financial imbalance at the time of their adaptation.

Entities that do not have the consideration of a contracting authority will preserve this specialty as long as they do not object to the community regulations.

The entities that are aimed at promoting the internationalization of the Spanish economy and the Spanish company will also preserve and with the same limitations the specialties in the field of aids as long as they do not oppose the Community rules.

Additional provision fifth. Shared management of common services of existing state public bodies.

1. Public bodies in the State public sector at the entry into force of this law shall share the organisation and management of their common services unless the decision not to share them is justified, in a memory drawn up for the purpose and to be addressed to the Ministry of Finance and Public Administrations in terms of efficiency, in accordance with Article 7 of the Organic Law 2/2012 of 27 April, for national security reasons, or where the shared organisation and management is affected by services to be provided autonomously in the interest of the independence of the public body.

2. The shared organisation and management of the common services referred to in Article 95 may be carried out in the following

:

(a) By means of their coordination by the department with competence in the field of public finances or by an autonomous body linked to or dependent on it.

b) By coordinating the department to which it is linked or from which the public body depends.

(c) By coordination by the public body to which the public body is linked or in turn the public body.

Additional provision sixth. Transformation of existing state owned media.

All entities and public bodies that at the time of the entry into force of this Law have the status of their own in the state domain must adapt to what is foreseen in this Law within six months to count from its entry into force.

Additional provision seventh. State Electronic Registration of Organ and Cooperation Instruments.

1. The General Administration of the State shall keep up to date an electronic register of the cooperation bodies in which it participates or any of its public bodies or related or dependent entities and of conventions concluded with the rest of the Public Administrations. This register shall be dependent on the Secretariat of State of Public Administrations.

2. The creation, modification or extinction of the cooperation bodies, as well as the subscription, extinction, extension or modification of any agreement concluded by the General Administration of the State or any of its public bodies or entities linked or dependent shall be communicated by the body of the party which has subscribed to it, within 15 days of the occurrence of the registration, to the State Electronic Register of Bodies and Cooperation Instruments.

3. The Ministry of Cooperation shall communicate to the register before 30 January of each year the cooperation bodies which have been extinguished.

4. The Minister of Finance and Public Administrations shall annually submit to the Council of Ministers a report on the activity of the existing cooperation bodies, as well as on the existing conventions on the basis of the data and analysis provided. by the State Electronic Register of Bodies and Cooperation Instruments.

5. The cooperation bodies and the conventions in force have a period of six months, from the entry into force of the Law, to request their registration in this Register.

6. Cooperation bodies which have not met within five years of their establishment or within five years of the entry into force of this law shall be extinguished.

Additional disposition octave. Adaptation of existing agreements signed by any public administration and registration of bodies and entities in the State, Autonomous and Local Public Sector Entities Inventory.

1. All existing agreements entered into by any public administration or any of its bodies or entities which are linked or dependent must be adapted to that provided for within three years from the date of entry into force of this Regulation. Law.

However, this adaptation will be automatic, as far as the term of the convention is concerned, by direct application of the rules provided for in Article 49.h) .1. for conventions which do not have a fixed period of The law of the European Union is a valid one, or, in existence, a tacit extension for an indefinite period of time at the time of the entry into force of this Law. In these cases the term of validity of the agreement shall be four years after the entry into force of this Law.

2. All agencies and entities, which are linked or dependent on any public administration and whatever its legal nature, existing at the time of the entry into force of this Law must be registered in the Inventory of Entities. of the State, Autonomous and Local Public Sector within three months of entry into force.

Additional provision ninth. Sectoral Commission for Electronic Management.

1. The Sectoral Commission of Electronic Administration, which is dependent on the Sectoral Conference of Public Administration, is the technical cooperation organ of the General Administration of the State, the Administrations of the Autonomous Communities and the Local Entities in the field of electronic administration.

2. The Sectoral Commission for Electronic Administration shall at least develop the following functions:

a) Ensure the compatibility and interoperability of systems and applications used by Public Administrations.

b) Driving the development of e-government in Spain.

c) Ensure cooperation among public administrations to provide clear, up-to-date and unambiguous administrative information.

3. Where, for the purposes of the matters dealt with, it is of interest, the organisations, corporations or social partners may be invited to take part in the deliberations of the Sectoral Commission in each case.

Additional provision 10th. Contributions to the consortia.

When the Public Administrations or any of its public bodies or related or dependent entities are members of a consortium, they shall not be obliged to make the contribution to the equity fund or the financing to the which have been committed for the current financial year if any of the other members of the consortium have not made all their contributions in cash for previous years to which they are obliged.

Additional provision eleventh. Intra-ministerial attributions conflicts.

1. The positive or negative conflicts of attributions between organs of the same Ministry shall be resolved by the common hierarchical superior within ten days, without any recourse being made.

2. In the case of positive conflicts, the body which is considered competent shall require an inhibition to which it is aware of the case, which shall suspend the procedure for a period of 10 days. If, within that period, it accepts the request, it shall forward the file to the requesting body. If it is considered competent, it shall forward the action to the common hierarchical superior.

3. In the case of negative conflicts, the body deemed to be incompetent shall send the proceedings directly to the body which it considers competent, which shall decide within 10 days and, where appropriate, to be considered as incompetent, followed the case with your report to the common hierarchical top.

4. Those involved in the proceedings shall raise these disputes in accordance with Article 14.

Additional disposition twelfth. Legal regime of the Port Authorities and Ports of the State.

The Port Authorities and Ports of the State will be governed by their specific legislation, by the provisions of Law 47/2003, of November 26, which are applicable to them and, in addition, as established in this Law.

Additional disposition thirteenth. Legal status of the managing entities and common services of social security.

1. The provisions of this Law relating to the self-governing bodies shall apply to the managing entities, common services, and other bodies or entities which, in accordance with the law, are part of the Social Security Administration. provided in the following paragraph.

2. The Staff Regulations, Economic and Financial, Heritage, Budget and Accounting, of participation in the management, as well as legal assistance, will be established by its specific legislation, by Law 47/2003, of November 26, General Budget, in matters that are applicable, and supplanted by this Law.

Additional disposition fourteenth. The military organisation and the Defence Delegations.

1. The military organization is governed by its specific legislation and by the bases established in Organic Law 5/2005, of 17 November, of National Defense.

2. The Defence Delegations shall remain integrated in the Ministry of Defence and shall be governed by their specific rules.

Additional provision 15th. Military personnel of the Armed Forces and the National Intelligence Center.

The references in articles 63, 65, 66 and 67 of this law are made to the career officials belonging to Subgroup A1, which will comprise the military personnel of the Armed Forces belonging to bodies and scales with a category equivalent to that.

Such normative provisions shall also apply to the personnel of the National Intelligence Center belonging to Subgroup A1, according to their statutory regulations.

Additional provision sixteenth. Territorial services integrated into Government Delegations.

The territorial services which, at the entry into force of this Law, are integrated into the Government Delegations will continue in this situation, being applicable to the same as provided for in this Law.

Additional 17th disposition. Legal status of the State Tax Administration Agency.

The State Tax Administration Agency shall be governed by its specific legislation and only in an additional manner and as such is compatible with its specific legislation as provided for in this Law.

Access, cession or communication of information of a tax nature shall be governed in any case by its specific legislation.

18th additional disposition. Legal regime of the National Intelligence Center.

The administrative action of the competent organs of the National Intelligence Center shall be governed by the provisions of its specific regulations and, as far as is not provided for in it, as soon as it is compatible with its nature and functions. own, by the provisions of this Law.

Additional 19th disposition. Legal regime of the Banco de España.

The Bank of Spain as a national central bank shall be governed, in the first place, by the Treaty on the Functioning of the European Union, the Statute of the European System of Central Banks and of the Central Bank. European, Council Regulation (EU) No 1024/2013 of 15 October 2013 and Law 13/1994 of 1 June of the Autonomy of the Banco de España.

As not provided for in the above rules and as soon as it is compatible with its nature and functions, the provisions of this Law shall apply.

320th additional disposition. Legal regime of the Banking Ordered Restructuring Fund.

The Banking Ordered Restructuring Fund will have the consideration of independent administrative authority in accordance with the provisions of this Law.

Additional provision twenty-first. Government Collegiate Bodies.

The provisions laid down in this Law concerning the collegiate bodies shall not apply to the Collegiate organs of the Government of the Nation, the collective organs of Government of the Autonomous Communities and the organs of the Local Government collegiates.

Additional provision twenty-second. Administrative action of the constitutional bodies of the State and of the regional legislative and control bodies.

The administrative action of the competent bodies of the Congress of Deputies, the Senate, the General Council of the Judiciary, the Constitutional Court, the Court of Auditors, the Ombudsman, the Assemblies Legislative acts of the Autonomous Communities and of the autonomous institutions analogous to the Court of Auditors and the Ombudsman shall be governed by the provisions of their specific rules, in the framework of the principles which inspire action. administrative in accordance with this Law.

First transient disposition. Composition and classification of the institutional public sector.

The composition and classification of the state institutional public sector provided for in Article 84 shall apply only to public bodies and entities in the public institutional public sector that are established after the entry into force of the Law and those which have been adapted in accordance with the provisions of the fourth provision.

Second transient disposition. Existing public entities and bodies.

1. All bodies and entities belonging to the State public sector at the time of the entry into force of this Law will continue to be governed by their specific regulations, including the budgetary rules that apply to them, up to their adaptation to the provisions of the Law in accordance with the provisions of the fourth provision.

2. However, as long as it is not contrary to its specific rules:

(a) The public bodies existing at the time of the entry into force of this Law and from that time shall apply the principles laid down in Chapter I of Title II, the control system provided for in Article 85 and 92.2, and the provisions of Articles 87, 94, 96, 97, if they are transformed, shall dissolve or liquidate after the entry into force of this Law.

(b) State-owned commercial companies, consortia, foundations, and non-legal entities existing at the time of the entry into force of this Law shall apply from that time, respectively, that provided for in the Chapter V, Chapter VI, Chapter VII and Chapter VIII of Title II.

Transitional provision third. Procedures for the elaboration of standards in the General Administration of the State.

The procedures for drawing up rules to be processed in the General Administration of the State at the entry into force of this Law will be substantiated in accordance with the provisions of the regulations in force at the time that were started.

Transitional disposition fourth. Transitional arrangements for amendments made to the ninth final provision.

The provisions of the ninth final provision shall apply to the procurement files initiated after the entry into force of that provision. For this purpose, it is understood that the procurement files have been initiated if the relevant call for the contract award procedure has been published. In the case of negotiated procedures, the date of approval of the specifications shall be taken into account in determining the time of initiation.

Single repeal provision. Regulatory repeal.

As many provisions of equal or lower rank are repealed, they contradict or are incompatible with the provisions of this Law and, in particular:

(a) Article 87 of Law 7/1985, of 2 April, Regulatory of the Bases of the Local Regime.

(b) Article 110 of the recast text of the laws in force on Local Regime approved by Royal Decree-Law 781/1986 of 18 April 1986.

c) Law 6/1997, of 14 April, of the Organization and the Functioning of the General Administration of the State.

d) Articles 44, 45 and 46 of Law 50/2002, of December 26, of Foundations.

e) Law 28/2006, of July 18, of State Agencies for the Improvement of Public Services.

(f) Articles 12, 13, 14 and 15 and additional provision, sixth of Law 15/2014, of 16 September, of rationalisation of the Public Sector and other measures of administrative reform.

(g) Article 6.1.f), the third additional provision, the second transitional provision and the fourth transitional provision of Royal Decree 1671/2009 of 6 November 2009, for which Law 11/2007, 22, is partially developed June, the citizens ' electronic access to public services.

(h) Articles 37, 38, 39 and 40 of the Decree of 17 June 1955 approving the Regulation on the Services of Local Corporations.

Until, as provided for in the fourth provision, the deadline for the adaptation of existing agencies in the state public sector is to be completed, Law 28/2006 of 18 July will remain in force.

Final disposition first. Amendment of Law 23/1982 of 16 June, National Heritage Regulatory.

Paragraph one of the eighth article of Law 23/1982, of June 16, the National Heritage regulator, will be worded as follows:

" One. The Board of Directors of the National Heritage will be constituted by its President, the Manager and by a number of Vocals not exceeding thirteen, all of which must be professionals of recognized prestige. The President and the Manager shall be applicable to the provisions of Article 2 of Law 3/2015 of 30 March 2015 on the exercise of the High Charge of the General Administration of the State. race of the State, Autonomous Communities or Local Entities, belonging to bodies classified in Subgroup A1.

Two of the Vocals, at least, will have to come from museum and cultural institutions of recognized prestige and international projection. Likewise, in two of the Vocals, at least, the condition of Mayors of Aycidades in whose municipal term they radiate historical real estate of the National Heritage will be present.

The President, the Manager and the other members of the Board of Directors shall be appointed by Royal Decree, after deliberation by the Council of Ministers on the proposal of the President of the Government. "

Final disposition second. Amendment of Royal Decree-Law 12/1995 of 28 December on urgent measures in budgetary, tax and financial matters.

One. A new paragraph 3 is added to the sixth additional provision, renumbered paragraphs three to six as four to seven. Paragraph 3 shall be worded as follows:

" Three. General Council.

1. The Official Credit Institute shall be governed by a General Council, which shall be responsible for the superior management of its administration and management.

2. The General Council shall consist of the President of the entity, which shall also be the President of the Council, and ten Vocals, and shall be assisted by the Secretary and, where appropriate, the Deputy Secretary of the Board.

All members of the General Council shall always act in the interest of the Institute of Official Credit in the performance of their duties as members of the General Council.

3. The appointment and dismissal of the General Council's Vocals is the responsibility of the Council of Ministers, on the proposal of the Minister of Economy and Competitiveness, who will appoint them among persons of recognized prestige and professional competence in the field of activity of the Official Credit Institute.

4. Four of the ten Council Vocals will be independent. For this purpose, the non-personnel shall be deemed to be independent of the Public Sector service.

5. The mandate of the independent vowels will be three years, after which one will be re-elected.

The causes of cessation of these Vocals will be established as well as the legal regime to which the members of the General Council are subject.

6. Each of the independent Vocals shall have two votes exclusively for the adoption of agreements relating to the financial operations of the Institute's business and liabilities. "

Two. A new transitional provision is added, which will have the following wording:

" Transient Disposition fifth. Operations and privileges in force.

The modification of the additional provision sixth of the Royal Decree-Law 12/1995, of December 28, introduced by the final provision of Law 40/2015, of October 1, of Legal Regime of the Public Sector, will not affect the arrangements for the operations of the Official Credit Institute currently in force, without any modification of the terms and conditions of the contracts and agreements entered into.

Additionally, the powers, powers and delegations conferred by the General Council on other authorities and bodies of the Official Credit Institute shall be maintained until the General Council decides, where appropriate, its review.

The Councilors who, at the entry into force of the final provision of Law 40/2015, of 1 October, of Legal Regime of the Public Sector, will be part of the General Council of the Institute of Official Credit will continue in the exercise of their duties until the names of those who have succeeded them. "

Final disposition third. Amendment of Law 50/1997 of 27 November of the Government.

Law 50/1997 of 27 November of the Government is amended as follows:

One. The second paragraph of Article 4 is worded as follows:

" 2. In addition to the ministers holding a Department, there may be Ministers without portfolio, who will be assigned responsibility for certain governmental functions. If there are no portfolio ministers, Royal Decree will determine the scope of their competencies, the administrative structure, as well as the material and personal means that are attached to it. "

Two. Article 5 is amended as follows:

" Article 5. From the Council of Ministers.

1. The Council of Ministers, as a collegiate body of the Government, is responsible for the following tasks:

a) Approve the bills and their referral to the Congress of Deputies or, if any, the Senate.

b) Approve the State General Budget Bill.

c) Approve the Royal Decree-laws and the Royal Legislative Decrees.

d) Agree to the negotiation and signing of international treaties, as well as their provisional application.

e) To issue the International Treaties to the General Courts in accordance with Articles 94 and 96.2 of the Constitution.

f) Declare the states of alarm and exception and propose to the Congress of Deputies the declaration of the state of the place.

g) Dispose the issuance of Public Debt or contract credit, when authorized by a Law.

(h) Approve the regulations for the development and enforcement of the laws, after obtaining the opinion of the Council of State, as well as the other regulatory provisions to be adopted.

i) Create, modify, and delete the governing bodies of the Ministry's departments.

j) Adopt binding programs, plans and guidelines for all organs of the General Administration of the State.

k) Exercise how many other privileges the Constitution, laws, and any other provision will confer on you.

2. Meetings of the Council of Ministers may be attended by Secretaries of State and exceptionally other senior officials, when called upon to do so.

3. The deliberations of the Council of Ministers will be secret. "

Three. The second paragraph of Article 6 is worded as follows:

" 2. The Royal Decree of creation of a delegated Commission must specify, in any case:

(a) The member of the government that assumes the presidency of the Commission.

(b) The members of the Government and, where appropriate, Secretaries of State that make up the Government.

(c) The functions attributed to the Commission.

(d) The member of the Commission to which the Secretariat of the Commission corresponds.

(e) The internal operating system, and in particular calls and requests. "

Four. The second paragraph of Article 7 is worded as follows:

" 2. They act under the direction of the holder of the Department to which they belong. When they are attached to the Presidency of the Government, they act under the direction of the President. "

Five. Article 8 is worded as follows:

" Article 8. From the General Commission of Secretaries of State and Undersecretaries.

1. The General Commission of Secretaries of State and Undersecretaries shall be made up of the holders of the Secretaries of State and the Undersecretaries of the various Ministries.

The Attorney General of the State and those senior positions with the rank of Secretary of State or Under-Secretary who are summoned by the President for the matter in question shall also attend.

2. The Presidency of the General Commission of Secretaries of State and Undersecretaries is a Deputy Prime Minister or, failing that, the Minister of the Presidency. In the absence of the President of the Commission, the Presidency shall be held by the Minister in accordance with the order of precedence of the Ministerial Departments. The transitional interruption in attendance at the meeting of the Commission shall not be understood in the absence. In such a case, the functions which may correspond to the President shall be exercised by the following authority in the present rank, in accordance with the order of precedence of the various ministerial departments.

3. The Secretariat of the General Commission of Secretaries of State and Undersecretaries shall be exercised by the Under-Secretary of the Presidency. In case of absence, vacancy or illness, the Director of the Government Secretariat shall act as Secretary.

4. The deliberations of the General Commission of Secretaries of State and Undersecretaries shall be reserved. In no case shall the Commission adopt decisions or agreements by delegation of the Government.

5. Corresponds to the General Commission of Secretaries of State and Undersecretaries:

(a) The examination of all matters to be submitted for approval by the Council of Ministers, except appointments, ceases, promotions to any of the jobs of the category of general officers and those who, exceptionally and for reasons of urgency, they must be submitted directly to the Council of Ministers.

(b) The analysis or discussion of those matters which, without falling within the competence of the Council of Ministers or their delegated Commissions, affect several Ministries and are submitted to the Commission by its President. "

Six. Article 9 is amended as follows:

" Article 9. From the Government Secretariat.

1. The Government Secretariat, as the support body of the Council of Ministers, the Government's Delegated Commissions and the General Commission of Secretaries of State and Undersecretaries, will perform the following functions:

a) Assistance to the Minister-Secretary of the Council of Ministers.

b) The referral of the calls to the different members of the previously listed collegiate bodies.

c) Collaboration with the Technical Secretariats of the Government's Delegate Commissions.

d) The file and custody of the calls, orders of the day, and minutes of meetings.

e) To ensure compliance with the principles of good regulation applicable to regulatory initiatives and to contribute to the improvement of the technical quality of the provisions adopted by the Government.

f) To ensure the correct and faithful publication of the provisions and rules emanating from the Government which are to be inserted in the Official Journal of the

.

2. The Secretariat of the Government, as the assistance body to the Minister of the Presidency, shall also perform the following tasks:

(a) The formalities relating to the actual sanction and enactment of the laws passed by the General Courts and the issuance of the Royal Decrees.

b) The processing of the acts and provisions of the King whose endorsement corresponds to the President of the Government.

c) The processing of the acts and provisions that the legal order attributes to the competence of the President of the Government.

3. The Secretariat of the Government is integrated into the organic structure of the Ministry of the Presidency, as provided for in the Royal Decree of the Ministry's structure. The Director of the Government Secretariat shall exercise the Deputy Secretary of the General Commission of Secretaries of State and Undersecretaries.

4. In accordance with the tasks assigned to it and in accordance with the rules governing the elaboration of the general provisions, the Secretariat of the Government shall propose to the Minister of the Presidency the approval of the instructions which must be followed for the handling of cases before the Government's collegiate bodies and the other bodies referred to in the second paragraph of this Article. The instructions shall expressly provide for the manner in which the proposals and agreements adopted by electronic means shall be documented, which shall ensure the identity of the intervening organs and the content of the content. "

Seven. Article 10 is worded as follows:

" 10. From the Gones.

1. The Cabinets are political and technical support bodies of the President of the Government, the Vice-Presidents, the Ministers and the Secretaries of State. The members of the Génédias perform tasks of trust and special counsel without in any case being able to adopt acts or resolutions that correspond legally to the organs of the General Administration of the State or the organizations to be attached to it, without prejudice to their attendance or membership in collective bodies which take administrative decisions. In addition, the directors of the cabinets may issue the administrative acts of the head of the unit they are directing.

Particularly, the GMPs lend their support to the members of the Government and Secretaries of State in the development of their political work, in the fulfilment of parliamentary tasks and in their relations with the institutions and the administrative organization.

The Cabinet of the Presidency of the Government will be regulated by Royal Decree of the President, in which it will determine, among other aspects, its structure and functions. The rest of Grescan will be regulated by the provisions of this Law.

2. The Directors of Cabinet shall have the organic level to be determined by regulation. The remaining members of the Cabinet will have the administrative status and degree to which they correspond under the relevant legislation.

3. The remuneration of members of the Gestros is determined by the Council of Ministers within the budgetary appropriations established for the purpose, in any event, in accordance with the remuneration of the General Administration of the State. "

Eight. Article 11 is amended as follows:

" Article 11. Of the access requirements to the charge.

To be a member of the government, it is necessary to be Spanish, older, to enjoy the rights of active and passive suffrage, as well as not being disabled to exercise employment or public office for a firm judicial sentence and to gather the the other eligibility requirements laid down in Law 3/2015 of 30 March 2015 on the exercise of the senior position of the General Administration of the State. '

Nine. Article 12 is worded as follows:

" Article 12. Of the appointment and termination.

1. The appointment and dismissal of the President of the Government will be in the terms provided for in the Constitution.

2. The Vice-Presidents and Ministers shall be appointed and separated by the King, on a proposal from the President of the Government. The appointment shall entail the termination of the position which, where appropriate, is being carried out, except where in the case of the Vice-Presidents, a Minister is appointed as such that he retains the ownership of the Department. When the previous post was held by the Council of Ministers, this circumstance will be put on record in the appointment of the new holder. The separation of the Ministers without portfolio will lead to the extinction of these organs.

3. The separation of the Vice-Presidents of the Government shall lead to the extinction of the said organs, except in the case where another vice-president is simultaneously appointed to replace the separate one.

4. Royal Decree shall regulate the status which was applicable to the Presidents of the Government after their termination. "

Ten. Article 13 is worded as follows:

" Article 13. Of the supply.

1. In cases of vacancy, absence or illness, the functions of the President of the Government shall be assumed by the Vice-Presidents, in accordance with the corresponding order of precedence, and, failing them, by the Ministers, according to the order of precedence of the Departments.

2. The supply of the Ministers, for the ordinary office of the affairs of their competence, will be determined by Royal Decree of the President of the Government, and must be placed, in any case, in another member of the Government. The Royal Decree will express among other issues the cause and character of the supply.

3. The absence of the temporary interruption of attendance at the meeting of a collegiate body shall not be understood. In such cases, the functions that may correspond to the member of the government during that situation shall be exercised by the following authority in the present range. "

Once. Article 20 is worded as follows:

" Article 20. Delegation and endorsement of powers.

1. They may delegate the exercise of their own competence:

(a) The President of the Government in favour of the Vice-President or Vice-Presidents and Ministers.

(b) Ministers in favour of the Secretaries of State and the Assistant Secretaries of them, of the Government Delegates in the Autonomous Communities and of the other governing bodies of the Ministry.

2. In addition, the administrative functions of the Council of Ministers are delegated to the Government's delegated Commissions on a proposal from the President of the Government.

3. The following competencies are not in any case delegated:

a) Those directly attributed to the Constitution.

b) Those relating to the appointment and separation of the senior positions attributed to the Council of Ministers.

(c) Those attributed to the collective organs of the Government, with the exception provided for in paragraph 2 of this Article.

(d) Those attributed by a law expressly prohibiting the delegation.

4. The Council of Ministers may endorse, on a proposal from the President of the Government, the knowledge of a matter whose decision corresponds to the Government's Delegated Commissions.

The assessment shall be carried out by means of a reasoned agreement, which shall be expressly mentioned in the decision to be taken in the exercise of the approval. An appeal shall not be appealed against, even if it may be contested where, where appropriate, the decision is brought against the decision taken. '

Twelve. Title V is worded as follows:

" TITLE V

From the legislative initiative and the regulatory authority of the Government

Article 22. The exercise of the legislative initiative and the regulatory authority of the Government.

The Government shall exercise the regulatory authority and initiative in accordance with the principles and rules laid down in Title VI of Law 39/2015 of 1 October of the Common Administrative Procedure of the Administrations. Public and in this Title.

Article 23. Provisions of entry into force.

Without prejudice to the provisions of Article 2.1 of the Civil Code, the provisions of entry into force of laws or regulations, the approval or proposal of which shall correspond to the Government or its members, and which impose new provisions obligations to natural or legal persons engaged in an economic or professional activity as a result of the exercise of that activity shall provide for the commencement of their validity on 2 January or 1 July following their approval.

The provisions of this article will not apply to the actual decree-laws, nor when the deadline for transposition of European directives or other justified reasons so advise, and this fact must be duly credited to the respective Memory.

Article 24. The form and hierarchy of the provisions and resolutions of the Government of the Nation and its members.

1. The decisions of the Government of the Nation and its members are as follows:

a) Royal Legislative Decrees and Royal Decree-laws, the decisions that approve, respectively, the rules provided for in Articles 82 and 86 of the Constitution.

b) Royal Decrees of the President of the Government, the provisions and acts whose adoption is attributed to the President.

(c) Royal Decrees agreed upon in the Council of Ministers, decisions approving regulatory standards of competition and decisions to be taken by that legal form.

(d) Agreements of the Council of Ministers, the decisions of that collegiate body that do not have to take the form of Royal Decree.

(e) Agreements adopted by the Government's Delegated Commissions, the provisions and resolutions of such collegiate bodies. Such agreements shall take the form of the Order of the competent Minister or of the Minister of the Presidency, where the competence corresponds to different Ministers.

f) Ministerial Orders, the provisions and resolutions of the Ministers. Where the provision or resolution affects several departments, the form of order of the Minister of the Presidency, delivered on a proposal from the Ministers concerned, shall take effect.

2. The regulations will be sorted according to the following hierarchy:

1. º Provisions approved by Royal Decree of the President of the Government or agreed upon in the Council of Ministers.

2. º Provisions approved by Ministerial Order.

Article 25. Annual Regulatory Plan.

1. The Government shall annually approve a Normative Plan which shall contain the legislative or regulatory initiatives to be raised for approval in the following year.

2. The Annual Regulatory Plan shall identify, in accordance with the criteria to be laid down in regulation, the rules to be submitted to an analysis of the results of its implementation, taking into account in particular the cost to the Administration or recipients and the administrative burdens imposed on the latter.

3. When a regulatory proposal is raised for approval by the competent body, which shall not be included in the annual Normative Plan referred to in this Article, it shall be necessary to justify this fact in the relevant Memory of the Analysis of Regulatory Impact.

4. The Annual Regulatory Plan shall be coordinated by the Ministry of the Presidency in order to ensure the consistency of all the initiatives being carried out and to avoid successive amendments to the legal regime applicable to a given sector or activity area in a short space of time. The Minister of the Presidency will raise the Plan to the Council of Ministers for approval by 30 April.

By order of the Ministry of the Presidency the models that contain the information to be submitted on each normative initiative will be approved for inclusion in the Plan.

Article 26. Procedure for drawing up rules with a range of laws and regulations.

The drafting of the bills, the draft laws and regulations will be adjusted to the following procedure:

1. Its wording will be preceded by how many studies and consultations are appropriate to ensure the success and legality of the rule.

2. A public consultation will be conducted, through the web portal of the competent department, prior to the elaboration of the text, in which the opinion of the subjects potentially affected by the future norm and the organizations will be sought more representative about:

a) The problems that are intended to be solved with the new rule.

b) The need and opportunity for your approval.

c) The objectives of the rule.

d) Possible regulatory and non-regulatory alternative solutions.

The procedure for public consultation provided for in this paragraph may be waived in the case of the elaboration of budgetary or organizational rules of the General Administration of the State or of the dependent organizations or linked to these, where there are serious reasons of public interest which justify it, or where the proposed legislation does not have a significant impact on economic activity, does not impose relevant obligations on the addressees or partial aspects of a subject. This consultation procedure may also be dispensed with in the case of urgent processing of regulatory initiatives, as set out in Article 27.2. The concurrence of any or several of these reasons, duly substantiated, shall be justified in the Normative Impact Analysis Report.

The public consultation should be carried out in such a way that all potential recipients of the standard have the possibility to issue their opinion, for which sufficient time must be provided, which in no case will be less than 15 calendar days.

3. The competent management centre shall draw up a report of the Normative Impact Analysis, which shall contain the following paragraphs:

a) Opportunity of the proposed and proposed regulation alternatives, which should include a justification for the need for the new rule against the alternative of not approving any regulation.

(b) Content and legal analysis, with reference to national law and the European Union, which will include the detailed listing of the rules that will be repealed as a result of the entry into force of the standard.

c) Analysis of the adequacy of the proposed rule to the order of distribution of competencies.

d) Economic and budgetary impact, which will assess the impact of its implementation on the sectors, groups or actors affected by the rule, including the effect on competition, market unity and competitiveness and its lacy with the legislation in force at every moment on these matters. This analysis will include the implementation of the SME test according to the practice of the European Commission.

e) Likewise, the administrative burdens associated with the proposal will be identified, the cost of their compliance will be quantified for the Administration and for those forced to bear them with special reference to the impact on the small and medium-sized enterprises.

f) Gender impact, which will analyse and value the results that can be followed from the approval of the standard from the perspective of the elimination of inequalities and their contribution to the achievement of the objectives of equal opportunities and equal treatment between women and men, on the basis of the indicators of the baseline, the forecast of results and the forecast of impact.

g) A summary of the main contributions received in the public consultation procedure under paragraph 2.

The Normend Impact Analysis Memory will include any other end that may be relevant to the criteria of the proposing organ.

4. Where the provision of legislation is a preliminary draft law or a draft of a real legislative decree, completed the previous formalities, the holder or holders of the proposing departments shall raise it, subject to submission to the General Commission of Secretaries of State and Deputy Secretaries, to the Council of Ministers, in order to decide on further formalities and, in particular, on the consultations, opinions and reports which are appropriate, as well as on the terms of their implementation, without prejudice to the legally binding provisions.

When the reasons for urgency so advise, and as long as the procedures of a mandatory nature have been completed, the Council of Ministers may dispense with this and agree to the approval of the draft law or the actual draft of the law. legislative decree and its referral, if appropriate, to the Congress of Deputies or the Senate, as appropriate.

5. Throughout the procedure for drawing up the standard, the competent management centre will seek, in addition to the reports and opinions required, how many studies and consultations are deemed appropriate to ensure success and legality. text.

Unless otherwise specified, the mandatory reports shall be issued within ten days, or one month when the report is requested from another Administration or a space agency or body. independence or autonomy.

The competent management centre may request the urgent issuance of the requested reports, studies and consultations, with the latter being issued within a period of not more than half the duration of those reported in the previous paragraph.

In any case, the bills, the draft legislation and the draft regulations, must be informed by the Technical General Secretariat of the Ministry or the proposing ministries.

In addition, when the proposed legislation will affect the administrative organization of the General Administration of the State, its staff regulations, procedures and inspection of services, it will be necessary to obtain the prior approval of the Ministry of Finance and Public Administrations before being submitted to the competent body for promulgation. If no objection has been raised within 15 days of receipt of the request for approval by the Ministry of Finance, the approval shall be deemed to have been granted.

It will also be necessary to report prior to the Ministry of Finance and Public Administrations when the rule could affect the distribution of the competences between the State and the Autonomous Communities.

6. Without prejudice to the consultation prior to the drafting of the text of the initiative, where the rule affects the legitimate rights and interests of the persons, the competent management centre shall publish the text on the relevant web portal, with the object to give an audience to the affected citizens and to obtain any additional contributions that may be made by other persons or entities. The opinion of the organisations or associations recognised by law may also be obtained directly from the organisations or associations representing persons whose legitimate rights or interests are affected by the rule and whose purposes are related direct to its object.

The minimum time limit for this public hearing and information shall be 15 working days, and may be reduced to a minimum of seven working days when duly substantiated reasons so warrant; as well as when the urgent processing of regulatory initiatives, as set out in Article 27.2. This should be noted in the Normative Impact Analysis Report.

The hearing and public information procedure can only be omitted when there are serious reasons of public interest, which must be justified in the Report of the Normative Impact Analysis. It shall also not apply to the budgetary provisions or to the bodies, offices and authorities of the Government or of the organisations which are or are linked to them.

7. The opinion of the State Council or equivalent advisory body shall be sought where it is mandatory or considered appropriate.

8. Having completed the above procedures, the proposal will be submitted to the General Commission of Secretaries of State and Undersecretaries and will be submitted to the Council of Ministers for approval and, in the case of bills, its referral to the Congress of Deputies. or, where appropriate, the Senate, accompanied by an Exposition of Motives and the own documentation of the drawing-up procedure referred to in points (b) and (d) of Article 7 of Law 19/2013, of 9 December, of transparency, access to the public information and good governance and its development regulations.

9. The Ministry of the Presidency, in order to ensure the coordination and quality of the Government's regulatory activity, will analyse the following aspects:

a) The technical quality and range of the proposed regulations.

b) The congruence of the initiative with the rest of the legal, national and European Union, with others that are being developed in the different Ministries or that will do it according to the Annual Plan Normência, as well as those that are being dealt with in the General Courts.

c) The need to include the express repeal of other rules, as well as to recast in the new existing ones in the same scope.

d) The mandatory content of the Normative Impact Analysis Memory and, in particular, the inclusion of a systematic subsequent evaluation of the application of the standard when it is mandatory.

e) Compliance with the principles and rules set forth in this Title.

f) The implementation or congruence of the initiative with the projects of reduction of administrative burdens or good regulation that have been approved in provisions or agreements of general character for the General Administration of the Status.

g) The possible overstepping of the regulatory initiative with respect to the content of the Community standard that is transposed into national law.

The composition of the organ responsible for carrying out this function as well as its mode of intervention in the procedure will be determined.

10. The relevant administrative file, in electronic form, the Report of the Nordic Impact Analysis, the reports and opinions collected for processing, as well as all the studies and consultations issued and the other performances.

11. The provisions of this Article and the following shall not apply to the processing and approval of decree-laws, with the exception of the processing of the memory referred to in paragraph 3, with an abbreviated character, and numbers 1, 8, 9, and 10.

Article 27. Urgent processing of regulatory initiatives in the field of the General Administration of the State.

1. The Council of Ministers, acting on a proposal from the head of the department to which the legislative initiative corresponds, may agree to the urgent processing of the procedure for the preparation and approval of bills, actual legislative and legislative decrees. actual decrees, in any of the following cases:

(a) Where necessary for the rule to enter into force within the time limit required for the transposition of Community directives or that laid down in other laws or rules of law of the European Union.

(b) Where other extraordinary circumstances are present, which, having previously failed to be foreseen, require urgent approval of the standard.

The Normative Impact Analysis Report accompanying the project will mention the existence of the urgent processing agreement, as well as the circumstances that serve as a foundation.

2. Processing by way of urgency means that:

(a) The time limits laid down for the completion of the processing procedures laid down in this or other standard shall be reduced by half of their duration. If, in accordance with the rules governing the advisory bodies which have issued an opinion, an agreement is necessary to require it within that time limit, it shall be adopted by the competent body; and if it is the Council of Ministers, it shall be the agreement provided for in paragraph 1 of this Article.

(b) The procedure for public consultation provided for in Article 26.2 shall not be required, without prejudice to the completion of the proceedings for public hearing or public information on the text referred to in Article 26.6, the Period of completion shall be seven days.

(c) The failure to issue an opinion or a mandatory report in time shall not prevent the continuation of the procedure, without prejudice to its eventual incorporation and consideration when it is received.

Article 28. Annual assessment report.

1. The Council of Ministers, acting on a proposal from the Ministry of the Presidency, shall, before 30 April of each year, approve an annual report reflecting the degree of compliance with the previous year's Annual Plan, the initiatives taken which do not were initially included in the said Plan, as well as those included in previous assessment reports with multi-annual objectives that have produced at least part of their effects in the year to be assessed.

2. The report shall include the conclusions of the analysis of the application of the rules referred to in Article 25.2, which, in accordance with the provisions of their respective Memory, have had to be assessed in the previous financial year. The assessment shall be carried out in the terms and time limits provided for in the Normative Impact Analysis Report and shall in any case include:

a) The effectiveness of the rule, understanding the extent to which it has achieved the intended purposes with its approval.

b) The efficiency of the rule, identifying the administrative burdens that might not have been necessary.

c) The sustainability of the disposition.

The report may contain specific recommendations for modification and, where appropriate, repeal of the standards assessed, where the result of the analysis is recommended. "

Thirteen. A Title VI is added which includes the current Article 26, which is renumbered as Article 29, and which is worded as follows:

" TITLE VI

From Government Control

Article 29. From the control of the acts of the Government.

1. The Government is subject to the Constitution and the rest of the legal system in all its actions.

2. All acts and omissions of the Government are subject to the political control of the General Courts.

3. The acts, the inactivity and the material actions that constitute a route of fact of the Government and of the organs and authorities regulated in this Law are impugable before the judicial-administrative jurisdiction, in accordance with the provided in its Regulatory Law.

4. The action of the Government is impeachable before the Constitutional Court in the terms of the Organic Law regulating it. "

Final disposition fourth. Amendment of Law 50/2002, of December 26, of Foundations.

Article 34 (2) of Law 50/2002, of 26 December, of Foundations, is worded as follows:

" 2. The functions of Protectorate in respect of foundations of state competence shall be exercised by the General Administration of the State through a single administrative body, in the form that it is regulated. "

Final disposition fifth. Amendment of Law 22/2003, dated July 9, Bankruptcy.

Law 22/2003, dated July 9, Bankruptcy, is amended as follows:

One. Article 3 (1) is worded as follows:

" 1. The debtor, any of its creditors and the court-appointed mediator in the case of the procedure under Title X of this Law are entitled to apply for the declaration of competition.

If the debtor is a legal person, he/she shall be competent to decide on the application the administrative or settlement body. "

Two. Article 34b is worded as follows:

" Article 34 ter. Scheme of the tariff guarantee account.

1. The Ministry of Justice shall manage the tariff guarantee account in such a way as to be determined by law, either directly or through third parties.

2. The management of the account and the control of the revenue and the charges shall be carried out through the computer application determined by the Ministry of Justice. The application shall have the appropriate control, security and supervision mechanisms, and shall ensure the authenticity, confidentiality, integrity and availability of the data, allow the provision of funds by issuing orders transfer telematics and payment commands, as well as providing information on the movements and balances of accounts.

3. In the case of a lack of appropriate computer media or technical impossibility over-coming, payment orders or transfer orders may be issued manually using the standard forms.

4. The tariff guarantee account shall allow the control of the contributions corresponding to the administrators. If at the time of the accountability the insolvency administrator had not made the income on the account to which he was obliged, the judicial secretary would urge him to do so within 10 days. If the deadline has not been met, it shall be discharged in the fourth section of the Public-insolvency Register until it has been paid. "

Three. Article 34c (2) of the Law on insolvency shall be worded as follows:

" 2. Prior to the submission of the report of accountability, the insolvency administration shall enter into the tariff guarantee account the compulsory contributions laid down in the preceding paragraph, calculated on the basis of the amounts effectively perceived. At the same time, the court of justice of the court where the tender of the amount entered is dealt with shall be taken into account by the insolvency administration or by each of the administrators. '

Four. Point 6. of Article 90 (1) is worded as follows:

" 6. The guaranteed loans with a public document, on the goods or rights that are in the possession of the creditor or of a third party. In the case of a pledge of credits, it shall be sufficient to record in a document with a feisty date to enjoy the privilege of the pledged credits.

Guaranteed claims made on future loans shall only be granted special privileges when the following requirements are met before the declaration of competition:

(a) that future credits are born of improved contracts or legal relationships formed prior to such declaration.

(b) that the garment is incorporated in a public document or, in the case of a garment without the movement of possession, has been registered in the competent public register.

(c) That, in the case of claims arising from the resolution of contracts for the award of works or public service management, they also comply with the requirements of Article 261.3 of the recast of the Law on Contracts of the Public Sector, approved by Royal Legislative Decree 3/2011 of 14 November. "

Final disposition sixth. Amendment of Law 33/2003 of 3 November of the Heritage of Public Administrations.

Law 33/2003 of 3 November of the Heritage of Public Administrations is amended as follows:

One. Article 166 (1) is worded as follows:

" 1. The provisions of this Title shall apply to the following entities:

(a) Business public entities, as referred to in Section 3 of Chapter III of Title II of the Law on the Legal Regime of the Public Sector.

(b) Public law entities linked to the General Administration of the State or to its public bodies whose revenue comes, at least 50%, from operations carried out on the market.

(c) State-owned commercial companies, in the understanding of those on which state control is exercised:

1. Well because the direct participation in its social capital of the General Administration of the State or some of the entities that, in accordance with the provisions of article 84 of the Law of Legal Regime of the Public Sector The state institutional public sector, including state commercial companies, is more than 50 per 100. For the determination of this percentage, the shares corresponding to the General Administration of the State and all the entities integrated in the State institutional public sector will be added, in the case of the social capital participate several of them.

2. No Good because the commercial company is in the case provided for in Article 4 of Law 24/1988, of July 28, of the Market of Securities with respect to the General Administration of the State or its public bodies linked or dependent. "

Two. The second paragraph of Article 167 is worded as follows:

" 2. The entities referred to in paragraph 1 (c) of the preceding Article shall adjust the management of their assets to private law, without prejudice to the provisions of this law which are expressly applicable to them. "

Final disposition seventh. Amendment of Law 38/2003 of 17 November, General of Grants.

The following amendments are introduced in Law 38/2003 of November 17, General of Grants:

One. Article 10 is amended as follows:

" Article 10. Competent bodies for the award of grants.

1. The Ministers and Secretaries of State in the General Administration of the State and the presidents or directors of the agencies and public entities linked or dependent on the General Administration of the State, whatever the regime The legal basis for their action is the competent bodies to grant grants, in their respective fields, after budgetary entry for this purpose.

2. By way of derogation from the previous paragraph, the Council of Ministers may require an agreement to grant grants of more than EUR 12 million or, in the event of the establishment of the rules governing the grant from the Government's Delegation for Economic Affairs.

In the case of grants awarded under competitive competition, the authorization of the Council of Ministers referred to in the preceding paragraph shall be obtained before the approval of the call for which the amount exceeds the above limit.

The authorization referred to in the preceding paragraph shall not imply the approval of the expenditure, which shall in any case be the responsibility of the competent body.

3. The powers to grant grants, as referred to in this Article, may be the subject of a de-concentration by means of a royal decree agreed upon in the Council of Ministers.

4. The competence to award grants in local corporations corresponds to the bodies that have been assigned such functions in local regime legislation. "

Two. Paragraph 1 of the additional 16th provision is amended with the following content:

" 1. Public sector foundations may only grant grants where the corresponding foundation is authorised expressly by agreement of the Ministry of Education or equivalent body of the Administration to which the the foundation is attached and without prejudice to the provisions of Article 10.2.

The approval of the regulatory bases, the prior authorization of the concession, the functions arising from the requirement of the reimbursement and the imposition of sanctions, as well as the control functions and other functions that exercise of administrative powers, shall be exercised by the organs of the Administration which fund the corresponding grant in greater proportion; in case it is not possible to identify such Administration, the functions shall be exercised by the organs of the Administration exercising the Protectorate of the Foundation. "

Three. A new third transient provision is introduced with the following content:

" Transitional provision third. Initiated calls and grants awarded prior to the entry into force of the amendment of Law 38/2003 of 17 November, General of Grants included in the seventh final provision of Law 40/2015, of 1 October, Legal status of the Public Sector.

Public subsidies granted on a competitive competition basis, the call for which would have been approved prior to the entry into force of the amendment to Article 10 of the General Law on Subsidies, shall be governed by the above rules. '

Four. A new twenty-fifth additional provision is introduced with the following content:

" Additional twenty-fifth disposition. National Anti-Fraud Coordination Service for the protection of the financial interests of the European Union.

1. The National Anti-Fraud Coordination Service, integrated into the General Intervention of the State Administration, will coordinate actions to protect the European Union's financial interests against fraud and to comply with the Article 325 of the Treaty on the Functioning of the European Union and Article 3.4 of Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council on investigations carried out by the European Anti-Fraud Office (OLAF).

2. Corresponds to the National Anti-Fraud Coordination Service:

a) Address the creation and implementation of national strategies and promote the legislative and administrative changes necessary to protect the financial interests of the European Union.

b) Identify potential shortcomings of national systems for the management of European Union funds.

c) Establish the coordination channels and information on irregularities and suspicions of fraud between the different national institutions and OLAF.

d) Promote training for prevention and fight against fraud.

3. The National Anti-Fraud Coordination Service shall exercise its powers with full independence and shall be equipped with appropriate means to address the content and requirements set out by OLAF.

4. The National Anti-Fraud Coordination Service shall be assisted by an Advisory Board chaired by the General Controller of the State Administration and composed of representatives of the ministries, agencies and other national institutions which have powers in the management, control, prevention and control of fraud in relation to the financial interests of the European Union. Its composition and operation shall be determined by Royal Decree.

5. The authorities, the holders of the organs of the State, the Autonomous Communities and the Local Entities, as well as the heads or directors of public offices, agencies and other public bodies, and those who, in general, exercise public functions or They shall carry out their work in such entities and shall provide appropriate collaboration and support to the Service. The Service shall have the same powers as OLAF to access the relevant information in relation to the facts under investigation.

6. The Service may conclude agreements with OLAF for the transmission of information and for the conduct of investigations. "

Final disposition octave. Amendment of Law 47/2003 of 26 November, General Budget.

Law 47/2003 of 26 November, General Budget, is amended, which is worded as follows:

One. Article 2 is amended as follows:

" Article 2. State public sector.

1. For the purposes of this Law, they are part of the state public sector:

a) The General Administration of the State.

b) The state institutional public sector.

2. The following entities are part of the state institutional public sector:

(a) Public bodies linked to or dependent on the General Administration of the State, which are classified as:

1. Autonomous bodies.

2. ° Business Public Entities.

b) The independent administrative authorities.

c) State-owned commercial companies.

(d) The consortia attached to the General Administration of the State.

e) Public sector foundations attached to the General Administration of the State.

f) Funds without legal personality.

g) Untransferred public universities.

h) The managing bodies, common services and the mutual partners with the Social Security in their public function of collaboration in the management of Social Security, as well as their joint centers.

i) Cuestas entities and entities governed by public law, or dependent on the General Administration of the State.

3. The bodies with a differentiated allocation in the general budget of the State which, lacking legal personality, are not integrated into the General Administration of the State, are part of the state public sector, regulating their regime. financial-economic by this Law, without prejudice to the specialties that are established in its rules of creation, organization and operation. However, their accounting and control arrangements shall in any event be subject to the provisions laid down in those rules, without being applicable in such matters as laid down in this Law.

Without prejudice to the foregoing, this Law will not apply to the General Courts, which enjoy budgetary autonomy in accordance with the provisions of Article 72 of the Constitution; however, coordination will be maintained. necessary for the elaboration of the Draft State General Budget Law. "

Two. Article 3 is amended as follows:

" Article 3. Administrative, business and foundational public sector.

For the purposes of this Act, the state public sector is divided into the following:

1. The administrative public sector, consisting of:

(a) The General Administration of the State, the autonomous bodies, the independent administrative authorities, the non-transferred public universities and the managing bodies, the common services and the mutual partners with Social security, as well as their joint centres, as well as the entities referred to in paragraph 3 of the previous Article.

(b) Any bodies and entities governed by public law which are linked or dependent on the General Administration of the State, the consortia and the funds without legal personality, which fulfil either of the two characteristics following:

1. That its principal activity does not consist of the production in the market of goods and services intended for individual or collective consumption, or that carry out operations of redistribution of income and national wealth, in any case without a profit motive.

2. It is not primarily financed by commercial income, understood as such for the purposes of this Law, the income, whatever its nature, obtained as a counterpart to the supply of goods or service capabilities.

2. The business public sector, integrated by:

a) Business public entities.

b) State-owned commercial companies.

(c) Any bodies and entities governed by public law which are linked or dependent on the General Administration of the State, consortia and funds without legal personality not included in the administrative public sector.

3. The founding public sector, made up of the state public sector foundations. "

Final disposition ninth. Amendment of the Recast Text of the Law on Public Sector Contracts, approved by Royal Legislative Decree 3/2011 of 14 November.

The Recast Text of the Law on Public Sector Contracts, approved by Royal Legislative Decree 3/2011 of 14 November, is amended as follows:

One. Article 60 is worded as follows:

" Article 60. Bans on hiring.

1. They shall not be able to contract with the entities provided for in Article 3 of this Law with the effects set out in Article 61a, the persons in whom one of the following conditions is present:

(a) Haber has been convicted by a firm sentence for terrorist offences, constitution or integration of an organisation or criminal group, illicit association, illegal financing of political parties, trafficking in human beings, corruption in business, influence-peddling, co-fact, prevarication, fraud, negotiations and prohibited activities of officials, crimes against the Public Finance and Social Security, crimes against workers ' rights, misuse, money laundering, offences relating to the organisation of the territory and urbanism, the protection of historical heritage and the environment, or the penalty of special disablement for the pursuit of a profession, trade, industry or trade.

The prohibition on hiring will reach legal persons who are held criminally responsible, and those whose administrators or representatives, whether in fact or in law, in effect their position or representation and up to their cessation, they shall be in the situation referred to in this paragraph.

b) have been sanctioned on a firm basis for serious infringement of professional matters, distortion of competition, labour integration and equal opportunities and non-discrimination of persons with disabilities; or in accordance with the provisions of the current legislation; for a very serious environmental infringement, in accordance with the provisions of Law 21/2013, of 9 December, of environmental assessment; in Law 22/1988, of July 28, In Law 4/1989, of 27 March, of the Conservation of Natural Spaces and of the Wild flora and fauna; in Law 11/1997, of April 24, of Envases and Waste of Envases; in Law 10/1998, of 21 April, of Waste; in the Recast Text of the Law of Waters, approved by Royal Legislative Decree 1/2001, of July 20, and in the Law 16/2002, of July 1, of Integrated Prevention and Control of Pollution; or for very serious infraction in labor or social matters, in accordance with the provisions of the Recast Text of the Law on Infrastructures and Sanctions in the Social Order, approved by Royal Decree-Law 5/2000 of 4 August, as well as the serious infringement provided for in the Article 22.2 of that text.

(c) The declaration of a voluntary tender has been applied for, declared insolvent in any proceedings, declared to be in competition, unless the effectiveness of an agreement has been acquired in the contest, judicial intervention or having been disabled in accordance with Law 22/2003, of July 9, Insolvency, without the end of the period of disablement fixed in the judgment of qualification of the contest.

(d) Not to be current in the performance of the tax or social security obligations imposed by the provisions in force, in the terms that are determined to be determined; or in the case of companies of 50 or more workers, do not meet the requirement that at least 2 percent of their employees are workers with disabilities, in accordance with Article 42 of the Royal Legislative Decree 1/2013, of 29 November, for which the recast text is approved of the General Law on the Rights of Persons with Disabilities and their Social Inclusion, in the conditions to be determined.

In relation to the fulfilment of its tax obligations or to the Social Security, the companies will be considered to be current in the same when the debts are deferred, fractionated or their suspension on the occasion of the challenge of such debts.

e) to have been made untruthful when making the responsible declaration referred to in Article 146 or by providing any other data relating to its capacity and solvency, or having failed to fulfil its obligations; the obligation to communicate the relevant information relating to the classification and the information relating to the records of tenderers and classified undertakings.

f) Being affected by a prohibition on hiring imposed under the firm administrative sanction, as provided for in Law 38/2003 of 17 November, General of Grants, or Law 58/2003 of 17 December, Tax General.

g) The physical person or the administrators of the legal person are incurred in any of the cases of Law 5/2006, of April 10, of Regulation of the Conflicts of Interests of the Members of the Government and of the High Charges of the General Administration of the State or the respective rules of the Autonomous Communities, of Law 53/1984, of December 26, of Incompatibilities of the Personnel to the Service of the Public Administrations or to be treated any of the Elective posts regulated in the Organic Law 5/1985, of June 19, of the General Electoral Regime, in the terms set in the same.

The prohibition will reach legal persons in whose capital they participate, in the terms and amounts set forth in the aforementioned legislation, the staff and the senior positions referred to in the preceding paragraph, as well as the charges elected to the service of the same.

The prohibition also extends, in both cases, to the spouses, persons associated with the same relationship of affective coexistence, ascendants and descendants, as well as to relatives in the second degree for consanguineity or the affinity of the persons referred to in the preceding paragraphs, where there is a conflict of interest with the holder of the contracting authority or the holders of the bodies in which the power to hire or those exercising them has been delegated the replacement of the first.

(h) Haber hired persons for whom the non-compliance referred to in Article 18.6 of Law 5/2006 of 10 April of Regulation of the Conflicts of Interests has been published in the "Official State Gazette" of the Members of the Government and of the High Charges of the General Administration of the State or in the respective rules of the Autonomous Communities, for having spent services in private companies or companies directly related to the powers of the position held during the two years following the date of termination of the post. The prohibition on hiring shall be maintained for as long as the person contracted with the maximum limit of two years from the end of the term as a senior member remains within the organisation of the undertaking.

2. In addition to those provided for in the previous paragraph, they are circumstances which will prevent employers from engaging with the entities covered by Article 3 of this Law, subject to the conditions laid down in Article 61a:

(a) You have improperly withdrawn your proposal or candidature in an award procedure, or have made it impossible to award the contract in your favour for failure to complete the provisions of Article 151 (2). within the stated time limit by mediating, fault or negligence.

(b) No longer formalised the contract, which has been awarded in its favour, within the time limits laid down in Article 156.3 for the award of the successful tenderer.

c) Failure to comply with the clauses which are essential in the contract, including the special conditions of implementation laid down in accordance with Article 118, where such failure has been defined in the documents or the contract as a serious infringement, with regard to the employer's fault, fault or negligence, and provided that it has resulted in the imposition of penalties or compensation for damages.

(d) To have given place, for cause of which they have been found guilty, to the final determination of any contract concluded with an entity of the same as in Article 3 of this Law.

3. The prohibitions on hiring shall also affect those undertakings which, by reason of the persons who govern them or in other circumstances, may be presumed to be a continuation or a result, by way of transformation, merger or succession, of other undertakings. companies in which they have attended. "

Two. Article 61 is worded as follows:

" Article 61. Assessment of the prohibition on hiring. Competence and procedure.

1. The prohibitions on contracts relating to the circumstances set out in points (c), (d), (f), (g) and (h) of paragraph 1 of the previous Article shall be assessed directly by the contracting authorities, while the contracting authorities are not circumstances that determine them in each case.

2. The prohibition on contracting for the reasons referred to in points (a) and (b) of paragraph 1 of the previous Article shall be assessed directly by the contracting authorities, where the judgment or administrative decision has been taken. expressly on their scope and duration, while remaining within the time limit specified therein.

In the event that the judgment or administrative decision does not contain a statement of the extent or duration of the prohibition on hiring; in the cases referred to in point (e) of the first paragraph of the preceding article; and Cases referred to in the second paragraph, also of the previous Article, the scope and duration of the prohibition shall be determined by means of a procedure instructed to that effect, in accordance with the provisions of this Article.

3. The jurisdiction to determine the duration and scope of the prohibition to contract in the case of points (a) and (b) of the previous Article, in cases where it is not included in the relevant judgment or judgment, and the jurisdiction for the a declaration of the prohibition to hire in the case of point (e) of the first paragraph of the previous Article in respect of the obligation to communicate the information provided for in the classification and in respect of the registration of tenderers and undertakings classified, shall be the responsibility of the Minister of Finance and Public Administrations on a proposal from the Advisory Board of Administrative Contracting of the State, or to the bodies which are competent in the field of the Autonomous Communities in the case of point (e) cited.

For the purposes of being able to comply with the provisions of the preceding paragraph, the judicial or administrative body of which the judgment or administrative decision is issued shall, of its own motion, send testimony of that or copy thereof to the Advisory Board of Administrative Contracting of the State, without prejudice to the fact that, on the part of this body, having knowledge of its existence and not having received the testimony of the judgment or copy of the administrative decision, may request them to the organ they emanated from.

In the cases referred to in point (e) of paragraph 1 of the above Article, where the responsible declaration referred to in Article 146 has been misstated, and in the cases referred to in Article 146 (1), Article 60 (2) of the Treaty provides that the declaration of the prohibition on hiring shall be the responsibility of the contracting authority.

4. Jurisdiction for the declaration of the prohibition on hiring in cases where the contracting entity is not in a position of public administration shall be the responsibility of the head of the department, chairman or director of the body to which he is responsible. a member of the contracting entity or to which his or her supervisory or supervisory authority is responsible. If the contracting entity is linked to more than one Administration, the relevant organ of which the majority control or participation is held shall be competent.

5. Where, in accordance with the provisions of this Article, a prior declaration on the concurrency of the prohibition is necessary, the scope and duration of the prohibition shall be determined in accordance with the procedure laid down in the implementing rules of this Law. set.

6. In cases where the final penalty is provided for, the duration of the contract ban shall be that provided for therein. In cases where the time limit has not been set, that duration shall not exceed five years from the date of the conviction by a final judgment.

In the rest of the cases, the duration may not exceed three years, for which the calculation shall be as set out in the third paragraph of Article 61a.

7. In the case of point (a) of paragraph 1 of the preceding Article, the procedure, if necessary, may not be initiated after the period laid down for the prescription of the relevant penalty, and in the case of point (b) of paragraph 2 of the the same Article, if more than three months have elapsed since the award was made.

In the other cases provided for in that Article, the procedure for the declaration of the prohibition on hiring cannot be initiated if more than three years have elapsed from the following dates:

(a) From the firmness of the sanctioning resolution, in the case of the cause provided for in paragraph 1 (b) of the preceding article;

(b) From the date on which the false data were provided or from the date on which the relevant information was due to be communicated, in the cases referred to in point (e) of paragraph 1 of the previous Article;

(c) From the date on which the contract resolution was signed, in the case provided for in point (d) of paragraph 2 of the previous article;

d) in the cases referred to in paragraph 2 (a) of the preceding Article, from the date on which the contract was awarded, if the cause is the undue withdrawal of proposals or applications; or the date on which the award is due, if the prohibition is based on non-compliance with the provisions of Article 151 (2).

(e) Since the contracting entity was aware of the non-compliance with the special conditions for the performance of the contract in the cases provided for in point (c) of the second paragraph of Article 61a. "

Three. An Article 61a is inserted, with the following wording:

" Article 61a. Effects of the declaration of the prohibition on hiring.

1. In cases where the circumstances laid down in Article 60 (2) and (e) of the first paragraph of the same Article are to be found in respect of the fact that they have been found to be false when making the declaration responsible for the Article 146 or by providing other data relating to its capacity and solvency, the prohibition on hiring shall affect the scope of the contracting authority competent for its declaration.

This prohibition may be extended to the relevant public sector in which the contracting authority is integrated. In the case of the state public sector, the extension of effects shall be the responsibility of the Minister of Finance and Public Administrations, on a proposal from the Advisory Board of Administrative Contracting of the State.

In cases where, in accordance with the first subparagraph of Article 60 (1) (e) of the first subparagraph of Article 60 (1), competition for the declaration of the The prohibition on the recruitment of organs which are competent in the field of the Autonomous Communities, the prohibition on hiring will affect all contracting authorities in the relevant public sector.

Exceptionally, and provided that they have previously been extended to the relevant territorial public sector, the effects of the prohibitions on hiring referred to in the preceding paragraphs may be extended to the whole of the public sector. This extension of effects to the entire public sector will be carried out by the Minister of Finance and Public Administrations, on a proposal from the Advisory Board of Administrative Contracting of the State, and at the request of the Autonomous Community or Entity Local authority in cases where the prohibition on hiring comes from such areas.

In cases where the competition to declare the ban on hiring corresponds to the Minister of Finance and Public Administrations, the same will produce effects across the public sector.

2. All the prohibitions on hiring, except those in which one of the circumstances referred to in Article 60 (1) (c), (d), (g) and (h), are given, shall be entered in the Official Register of tenderers and classified undertakings of the Public sector or equivalent in the field of the Autonomous Communities, depending on the scope of the prohibition on hiring and the body that has declared it.

The contracting authorities of the Autonomous Communities or of the local authorities located in their territory shall notify the prohibition of hiring the Registers of Tenderers of the Autonomous Communities. or if they do not exist, to the Official Register of Tenderers And Classified Enterprises in the Public Sector.

The registration of the prohibition on hiring in the Registry of Tenderers Corresponding will expire after 3 months since the end of its duration, and its cancellation in the Registry of the Registry of the Tenderers will be carried out after the aforementioned period.

3. The prohibitions on contracts referred to in Article 60 (1) (a) and (b) shall have effect from the date on which the judgment or administrative decision has taken place in cases where the judgment or administrative decision has been taken. pronounced on the scope and duration of the prohibition.

For other assumptions, the effects will occur from the registration date in the corresponding record.

notwithstanding the foregoing, in the cases provided for in points (a) and (b) of the first paragraph of Article 60 in cases where the effects of the prohibition on hiring occur from the entry in the corresponding registration, may be adopted, where appropriate, by the competent body to resolve the procedure for determining the scope and duration of the prohibition, ex officio, or at the request of a party, the provisional measures it deems appropriate for ensure the effectiveness of the resolution that could be taken.

4. The prohibitions on hiring the cause of which is provided for in Article 60 (1) (f) shall have effects on the public authorities which are established in the sanctions resolution which has imposed them, from the date on which they have been imposed. in which it became firm. "

Four. Article 150 (2) is worded as follows:

" 2. The criteria to be used as a basis for the award of the contract shall be determined by the contracting authority and shall be detailed in the notice, in the specifications of particular administrative clauses or in the descriptive document.

In the determination of the award criteria, preponderance will be given to those who refer to characteristics of the object of the contract that can be valued by means of figures or percentages obtained through the mere application of the formulae laid down in the specifications. Where, in an invitation to tender following an open or restricted procedure, the criteria for the automatic application of formulae are assigned a weighting lower than that corresponding to the criteria for which the A committee with a minimum of three members, consisting of experts not integrated in the contract proposing body and with appropriate qualifications, to which the evaluation of the contract will be carried out, should be set up. tenders in accordance with the latter criteria, or to entrust this assessment to a technical body specialized, duly identified in the specifications.

The evaluation of the offers according to the quantifiable criteria by means of the mere application of formulas will be carried out after previously making the one of those other criteria in which this circumstance does not exist, leaving documentary evidence of this. The rules for the development of this Law will determine the assumptions and conditions in which such prior assessment should be made public, as well as the way in which proposals should be submitted in order to enable this separate assessment.

When public works concession contracts or public service management contracts provide for the possibility of public contributions to the construction or exploitation as well as any kind of guarantees, guarantees or other the type of aid to the undertaking, in any event it will appear as an award criterion automatically appraising the amount of the reduction offered by the tenderers on the contributions provided for in the procurement file. "

Five. Article 254 is worded as follows:

" Article 254. Public contributions to the construction and guarantees of financing.

1. Public Administrations may contribute to the financing of the work by means of contributions to be made during the execution phase of the works, as provided for in Article 240 of this Law, or after the completion of the works, and the amount of which shall be fixed by tenderers in their tenders within the maximum amount laid down in the specifications.

2. The public contributions referred to in the preceding paragraph may consist of non-cash contributions from the contracting authority or any other administration with which there is an agreement to that effect, in accordance with the assessment of the which is contained in the specification of particular administrative clauses.

The real estate to be delivered to the concessionaire will be integrated into the estate affected by the concession, destined for the intended use in the project of the work, and will revert to the Administration at the time of its extinction, In any event, the provisions of the urban or sectoral planning plans affecting them shall be respected.

3. All public contributions must be provided for in the contract documents, with the amount determined in the award procedure and may not be increased after the award of the contract.

4. The same arrangements as for contributions shall apply to any type of guarantee, guarantees and other support measures for the financing of the concessionaire which, in any event, must be provided for in the specifications. "

Six. Article 256 is worded as follows:

" Article 256. Public contributions to the holding.

The public authorities may grant the concessionaire the following contributions in order to ensure the economic viability of the operation of the work, which, in any event, will have to be provided for in the conditions and may not be increased after the award of the contract, without prejudice to the rebalancing provided for in Article 258:

(a) Subventions, reintegrable advances, participative loans, subordinated or otherwise, to be contributed from the beginning of the exploitation of the work or in the course of the work. The repayment of the loans and the payment of interest accrued on their case shall be in accordance with the terms provided for in the concession.

(b) Aid, including all types of guarantees, in exceptional cases where, for reasons of public interest, promotion of the use of public works is advisable before their exploitation reaches the threshold Minimum cost of return. "

Seven. Article 261 is worded as follows:

" Article 261. Subject of the mortgage of the concession and payment of rights.

1. Public works concessions with the goods and rights that they have incorporated shall be mortgageable in accordance with the provisions of the mortgage legislation, subject to the authorization of the contracting authority.

The mortgage of public works concessions will not be allowed in the guarantee of debts that do not relate to the corresponding concession.

2. Applications relating to the administrative authorisations provided for in this Article and the following shall be settled by the competent body within one month and shall be deemed to be rejected if it does not resolve and notify within that period.

3. The rights arising from the termination of a contract for the award of public service or public service management, as referred to in the first paragraphs of Articles 271 and 288, as well as those arising from public contributions and the execution of guarantees provided for in Articles 254 and 256, may be pledged only in respect of claims relating to the concession or contract, subject to the authorisation of the contracting authority, which must be published in the Official Gazette or in the official or provincial official journals. "

Eight. Article 271 (1) and (3) are worded as follows:

" 1. In the case of a decision for which the administration is responsible, it shall in any event pay the concessionaire the amount of the investments made by reason of the expropriation of land, the execution of construction works and the acquisition of goods which are necessary for the holding of the work to be granted, taking account of their degree of depreciation. For this purpose, a linear amortisation criterion shall apply. The resulting amount shall be fixed within six months, unless otherwise specified in the specification of particular administrative clauses.

In cases where the decision occurs for reasons not attributable to the Administration, the amount to be paid to the Administration for the expropriation of land, execution of works, and purchase of goods to be reversed Administration shall be the result of the valuation of the concession, as determined in accordance with Article 271 a.

In any event, the decision of the concession shall be deemed not to be imputable to the Administration when it obeys any of the causes provided for in points (a), (b), (c), (e) and (j) of Article 269 of this Law. "

" 3. In the case of paragraphs (g), (h) and (i) of Article 269, and without prejudice to the provisions of paragraph 1 of this Article, the granting authority shall indemnify the concessionaire for the damage and damage to which it is liable. To determine the amount of compensation, account shall be taken of:

(a) the future profits that the concessionaire will no longer receive, quantifying them in the arithmetic average of the profits before tax earned over a period of time equivalent to the years remaining up to the termination of the concession. If the remaining time is greater than the elapsed time, the latter shall be taken as the latter.

The applicable discount rate will be that resulting from the weighted average capital cost corresponding to the last annual accounts of the concessionaire.

(b) the loss of the value of the works and installations that are not to be delivered to that facility, considering their degree of depreciation. "

Nine. A new Article 271 a is added with the following wording:

" Article 271 a. New award procedure in the award of works in cases where the decision is due to causes not attributable to the Administration.

1. In the case of a decision for reasons not attributable to the Administration, the contracting authority shall again tender the concession, the type of invitation to tender being the following. The tender shall be made by auction on the increase being the sole criterion for the award of the price.

In the case of the first invitation to tender, a new invitation to tender shall be convened within a maximum of one month, with the tender rate being 50% of the first tender.

The successful tenderer must pay the amount of the tender within two months after the award has been awarded. In the event that the above amount is not paid in the indicated period, the award shall be without effect, being awarded to the following tenderer in order or, in the case of no more tenderers, by declaring the tender to be deserted.

The invitation to tender may be issued provided that the resolution file has been opened, but may not be awarded until it has been concluded. In any event, a period of more than three months may not elapse from the date of the decision granting the first invitation to tender.

Any employer who has obtained the appropriate administrative authorisation in the terms provided for in Article 263 (2) may participate in the invitation to tender.

2. The value of the concession, in the event that the decision is due to reasons not attributable to the Administration, shall be that resulting from the award of the tenders referred to in the previous paragraph.

In the event that the second invitation to tender is deserted, the value of the concession shall be the rate of the concession, without prejudice to the possibility of presenting at least 5% of the liability by the original or creditor concessionaire. the concessionaire, within a maximum period of three months after the date of the award, a new buyer who pays at least the tender type, in which case the value of the concession shall be the amount paid by the new buyer.

The Administration shall pay the concession value to the concessionaire within three months of the award of the invitation to tender referred to in the previous paragraph or since the second tender has been left deserted.

In any event, the new concessionaire will be subrogated in the position of the primitive concessionaire, being obliged to carry out the actions related to the capital grants received when the the purpose for which the grant was granted.

3. The contract resulting from the invitation to tender referred to in paragraph 1 shall in any event have the nature of a contract for the award of public works, the conditions of which are laid down in the original contract which has been settled, including the duration. "

Ten. A new Article 271 ter is added with the following wording:

" Article 271 ter. Determination of the type of tender for the award of works in cases where the decision is due to causes not attributable to the Administration.

For the fixing of the type of the first invitation to tender referred to in Article 271 a, the following rules shall be followed:

(a) The rate shall be determined on the basis of the future cash flows to be obtained by the concessionary company for the exploitation of the concession in the period remaining from the termination of the contract until its reversal, updated at the discount rate of interest on ten-year Treasury obligations increased by 300 basis points.

It will be taken as a reference for the calculation of this average yield, the latest available data published by the Banco de España in the Bulletin of the Public Debt Market.

(b) The debt instrument that serves as a basis for calculating the reasonable profitability and the above differential may be amended by the Government's Delegated Committee for Economic Affairs, after the National Office's report. Assessment, in order to adapt it to the risk and profitability conditions observed in public sector contracts.

(c) The net future cash flows shall be quantified in the arithmetic mean of the cash flows obtained by the institution over a period of time equivalent to the years remaining to the termination. If the remaining time is greater than the elapsed time, the latter shall be taken as reference. No price updates will be incorporated based on estimated future inflation.

d) The value of cash flows will be the one that the General Accounting Plan establishes in the State of Cash Flows as Cash Flows of the Activities of Exploitation without in any case compute the payments and payments of interest, payment of dividends and charges or payments for tax on profits.

(e) If the contract resolution occurs prior to the completion of the construction of the infrastructure, the tender rate shall be 70% of the amount equivalent to the investment executed. For these purposes, the amount shown in the last approved annual accounts increased by the amount resulting from the certificates submitted since the end of the financial year of the last approved accounts shall be understood as an investment executed. until the time of the resolution. This amount shall be deducted from the capital grants received by the beneficiary, the purpose of which has not been met. "

Once. Article 288 (1) is worded as follows:

" 1. In the case of a decision for which the administration is responsible, the administration shall in any event pay the concessionaire the amount of the investments made by reason of the expropriation of land, the execution of construction works and the acquisition of goods which are necessary for the holding of the work to be granted, taking account of their degree of depreciation. For this purpose, a linear amortisation criterion of the investment will be applied.

When the decision is due to causes that are not attributable to the Administration, the amount to be paid to the Administration for the expropriation of land, execution of works and purchase of goods to be reversed by the Administration will be the which results from the valuation of the concession, as determined in accordance with Article 271 a.

In any event, it is understood that the administration is not liable for the termination of the contract when it is due to any of the causes set out in Article 223 (a) and (b) of this Law. "

Twelve. A new additional disposition is incorporated with the following content:

" Additional Disposition 30th. The National Office of Evaluation.

1. The National Evaluation Office is created, which aims to analyze the financial sustainability of concession contracts for public service concession works and contracts.

2. The composition, organization and operation of the government will be determined by the Order of the Minister of Finance and Public Administrations, prior to the report of the Government Delegation for Economic Affairs.

3. The Office of the National Evaluation Office, prior to the invitation to tender for contracts for the award of works and public service management, to be concluded by contracting authorities which are dependent on the General Administration of the State and the Local Corporations, will evacuate mandatory reporting in the following cases:

(a) Where public contributions are made to the construction or operation of the concession, as well as any measure of support for the financing of the concessionaire.

(b) Public works concessions and service management contracts in which the tariff is wholly or partly assumed by the awarding contracting authority, where the amount of the works or the costs of the first EUR 1 million is exceeded.

It will also inform the agreements to restore the balance of the contract, in the cases provided for in Articles 258.2 and 282.4 of the Recast Text of the Law on Public Sector Contracts, in respect of the concessions of public works and services which have been previously informed in accordance with points (a) and (b) above or which, without having been informed, involve the incorporation in the contract of any of the elements provided for therein. Each Autonomous Community may accede to the National Assessment Office to carry out such reports or if it has set up an equivalent body or body to request such reports as it affects its contracts of concession.

The appropriate guidelines will be set out to ensure that the reporting is done on sufficiently homogeneous criteria.

4. The reports provided for in the previous paragraph shall assess whether the profitability of the project obtained on the basis of the value of the investment, the aid granted, the expected cash flows and the discount rate established is reasonable for the The risk of demand being assumed by the concessionaire. This assessment shall take into account the mitigation that the aid granted may entail on other risks other than the one on demand, which are normally to be borne by economic operators.

In concession contracts where the concession of the concession fee is carried out by the contracting authority, the office will evaluate the transfer of the risk of demand to the concessionaire. If the risk is not fully assumed by the latter, the report shall assess the reasonableness of the profitability in the terms set out in the preceding paragraph.

In the contract balance reset agreements, the report shall assess whether the established financial compensation maintains a reasonable return as provided for in the first paragraph of this paragraph.

5. The reports shall be evacuated, at the request of the contracting contracting authority, within 30 days of the request or new contribution of information referred to in the following paragraph. This period may be reduced by half, provided that the reasons for urgency are justified in the application. These reports will be published through the financial information center of the Public Administrations under the Ministry of Finance and Public Administrations and will be available for consultation by the public through of electronic media.

The contracting authority making the request shall forward the necessary information to the Office, who shall withdraw its report on the basis of the information received. If the Office considers that the information submitted is not sufficient, it is not complete or requires any clarification, it shall be directed to the requesting contracting authority to provide it with the information required within the time limit set for that purpose. Information received by the Office shall be treated in compliance with the limits governing access to confidential information.

6. If the Administration or the entity to which the report is addressed deviating from the recommendations contained in a mandatory report of the Office, it shall give reasons for it in a report which shall be incorporated into the file of the relevant contract and which shall be publication object. In the case of the General Administration of the State, this publication will be carried out through the central economic and financial information of the Public Administrations.

7. The Office shall publish an annual activity report. '

Thirteen. A new transient arrangement is incorporated with the following content:

" Transient disposition tenth. Prohibition on hiring for non-compliance with the quota for the reservation of jobs for persons with disabilities.

1. The prohibition on hiring set out in Article 60.1 (d) concerning non-compliance with the 2 per cent share of the reserve for persons with disabilities shall not be effective as long as it is not developed in a regulated manner and is establishes that it is necessary to comply with that requirement for the purposes of the prohibition on hiring and to establish the same, which, in any case, will be well certified by the administrative body concerned, with effect at least six months, or by certification of the corresponding Register of Tenderers, in the cases in which that circumstance is registered in the same case.

2. Until such time as the approval of the regulatory development referred to in the previous paragraph is approved, the contracting authorities shall weigh in the cases where this is mandatory, that the tenderers comply with the provisions of the Royal Legislative Decree 1/2013 of 29 November approving the recast of the General Law on the Rights of Persons with Disabilities and their Social Inclusion, in relation to the obligation to have two percent of workers with a disability or take the appropriate alternative measures, in accordance with the provisions in the fourth additional provision. "

Final disposition tenth. Amendment of Law 17/2012 of 27 December of General Budget of the State for the year 2013.

The additional tenth third of Law 17/2012 of December 27, of the State Budget for the year 2013, is amended, which is worded in the following terms:

" Tenth third. Grants to maritime and air transport for residents in the Canary Islands, the Balearic Islands, Ceuta and Melilla.

One. With indefinite validity they will be entitled to obtain bonuses in the rates of the regular services of maritime and air transport of passengers, the Spanish citizens, as well as those of the other Member States of the European Union or other Signatory States to the Agreement on the European Economic Area or Switzerland, their national family members of third countries benefiting from the right of residence or the right of permanent residence and nationals of third countries long-term residents, who credit their status as a resident of the Autonomous Communities of The Canary Islands and the Balearic Islands and the cities of Ceuta and Melilla.

The right of residence of family members of citizens of Member States of the European Union or of another State party to the Agreement of the European Economic Area shall be accredited in accordance with Royal Decree 240/2007 of 16 February 2007. on entry, free movement and residence in Spain of nationals of the Member States of the European Union or of another State party to the Agreement on the European Economic Area. The right of long-term residence of third-country nationals referred to in the preceding paragraph shall be credited in accordance with the provisions of the Organic Law 4/2000 of 11 January 2000 on the rights and freedoms of foreigners in Spain and their social integration and their development regulations.

For Spanish citizens, of the Member States of the European Union or of the other States signatory to the Agreement on the European Economic Area or Switzerland, the document certifying their identity shall be the national document of identity or passport in force. In the case of family members of nationals of Member States of the European Union or of another State party to the Agreement of the European Economic Area and nationals of third-country long-term residents, their identity shall be credited. by the Spanish family residence card of a citizen of the Union or an identity of a foreign national in which he or she must be resident in a long term, respectively. These documents must be in place.

In the event that the passenger has been found to be in compliance with the conditions to be a beneficiary of the grant, the passenger may prove his/her identity in the air mode by means of the same means as passengers without right to bonus. In this case, the passenger will not have to credit his or her resident status in billing or boarding.

Two. The percentage of the bonus applicable in the maritime transport tickets, with indefinite validity, for direct journeys, whether from one way to the other, between the Autonomous Communities of the Canary Islands and the Balearic Islands and the cities of Ceuta and Melilla, respectively, and the rest of the national territory shall be 50% of the bonifiable tariff and on the inter-island trips shall be 25% of that amount.

Three. The percentage of the allowance in the fares for scheduled air passenger transport services between the Autonomous Communities of the Canary Islands and the Balearic Islands and the cities of Ceuta and Melilla respectively and the rest of the national territory, as well as in inter-island travel, it will be, with indefinite validity, 50 percent of the rate of bonifiable for each direct journey of first and return.

For these purposes, it is considered a direct journey from the airport or heliport of the point of origin in the archipelagos, Ceuta or Melilla, to the final destination, different from the previous one, in the territory national and vice versa, without intermediate scales or with scales, provided that they do not exceed 12 hours, except for those that have been imposed by the technical needs of the service or for reasons of force majeure.

For the purposes of this allowance, the amount of the bonus rate shall be deducted from the amount corresponding to the public property benefits referred to in points (d), (e) and (f) of Article 68.2 of Law 21/2003, of 7 July, Air Safety, irrespective of whether or not they have been passed on to the passenger. For this purpose, these assets shall be broken down into the supporting documentation of the flight coupons.

Four. The status of resident in the Autonomous Communities of the Canary Islands and the Balearic Islands and in the cities of Ceuta and Melilla for the purposes of the allowances covered by this provision shall be credited by the certificate of registration in the

Other means may be established for the accreditation of the resident status, as a replacement for or as additional to this paragraph.

Five. In relation to the verification of compliance with the requirements set out in this provision:

(a) The management bodies of the subsidies of the Ministry of Public Works may access the services of verification and consultation of data of identity, domicile, residence, nationality and regime of aliens of the Platform Intermediation of the Ministry of Finance and Public Administrations in order to verify compliance with the requirements to be beneficiaries of the grant and to carry out the functions of control entrusted to these bodies, with the guarantees provided for in the Organic Law 15/1999 of 13 December on the Protection of Data Personal Character and Law 58/2003 of 17 December, General Tax.

(b) The managing bodies may provide the agencies, air or sea carriers or their delegations, which market the bonds on the same basis and request it, by telematic means to confirm compliance of the requirements to be a beneficiary of the grant.

The transfer of data provided for in the preceding paragraphs and their processing shall not require the consent of the data subjects or require them to be informed of such processing, in accordance with the provisions of the Articles 11.2 (a) and 5.5 of Organic Law 15/1999 on the Protection of Personal Data.

The integration into the telematic system of accreditation of the residence of the banknote issuing systems and their use when issuing subsidised tickets will be compulsory for all air or sea companies, which issue subsidised air or sea tickets for reasons of residence in non-peninsular territories, in all their sales channels.

In the case of the incorporation into a subsidised market of a new air or sea air transport company, it may issue air or sea tickets with a grant, without the need to make use of the system. telematics, for a maximum of three months until the effective implementation of that system in all its sales channels.

Six. Where compliance with the requirements to be a beneficiary of these grants cannot be credited through the Intermediation Platform as provided for in paragraph Five, those requirements shall be credited by any of the following: the means provided for in the implementing rules. For these purposes, the certificate of registration shall be in accordance with the rules governing the development of such bonuses.

Seven. Without prejudice to the provisions of paragraph 1 of this provision, the allowances provided for in respect of family members of third countries who are beneficiaries of the right of residence or of the right of permanent residence and of citizens National third-country resident long-term residents, who are resident in the Autonomous Communities of the Canary Islands and the Balearic Islands and in the cities of Ceuta and Melilla, shall have effect from 1 April 2013.

Eight. In addition to the obligations imposed by the regulations on subsidies to maritime and air transport for residents in the Canary Islands, Illes Balears, Ceuta and Melilla and for large families and by Law 38/2003 of 17 November, the air and sea companies, as collaborating entities, must comply with the following:

(a) In the case of air carriers, they shall submit monthly settlement of the bonus vouchers flown for one month in the course of the following two months, unless expressly authorised by the Directorate-General for Civil aviation for exceptional reasons. These settlements may contain those coupons flown in the previous six months that have not been included, for justified reasons, in the files of past months.

In the case of the shipping companies, they will present the quarterly settlements in the course of the following two months, with the exception of the express authorization of the General Directorate of the Merchant Navy for exceptional reasons. These liquidations may contain those bonified shipments in the previous six months that have not been included, for justified reasons, in the files of past quarters.

(b) In the supporting documentation of the grant, they shall break down the price and the identification of all the concepts included in the air and sea ticket, as well as any additional service contracted by the passenger included on the ticket.

(c) An incident party shall be lifted when a passenger who has a subsidised ticket does not credit his identity and residence in accordance with the applicable rules. The parties for each settlement period or, in another case, a certificate of absence of incidents in that period shall be sent to the managing body for the following period.

d) comply with the registration obligations laid down in regulation, as well as register with the managing body, prior to its placing on the market, air fares which include services other than air transport specifying it under its conditions, as well as agreements, contracts or agreements of any kind, with its annexes, amendments or amendments, which are likely to generate the issue of subsidised banknotes, at least one month in advance of the issuance of the first bonus ticket.

Nine. Furthermore, maritime and air carriers and their agents, including reservation systems, will have to keep all information and documentation relating to banknotes on the basis of both non-peninsular residence and large families, whatever their form of storage, which accredits the amount of the subsidy and the completion of the procedures laid down for the grant of the grant, at the disposal of the Ministry of Public Works, during the period of Article 39 of Law 38/2003 of 17 November

For the purposes of the liquidation of the applied bonuses, the shipping companies, airlines, and their agents, which includes the reservation systems and any third party that has intervened in the determination of the tariff On the basis of the information provided by the Member State, the Commission shall, in accordance with Article 1 (1) of Regulation (EU) no-6/ (1), provide the Commission with a view to the adoption of the measures in question. bonus, the bonuses applied, the payments made by the passenger and the settlements performed.

The refusal to comply with this obligation shall be considered as resistance, excuse, obstruction or refusal to the effects provided for in Article 37 of Law 38/2003 of 17 November, without prejudice to the sanctions which, if any, may correspond.

Ten. The management body is authorised to amend by resolution, after hearing the air carriers operating the markets subject to the subsidy and the major airline associations, the content of the models of the Annexes, As far as air transport subsidies are concerned, of Royal Decree 1316/2001 of 30 November 2001, which regulates the allowance in respect of the rates of scheduled air and sea transport services for residents of the Community Autonomous regions of the Canary Islands and the Balearic Islands and the cities of Ceuta and Melilla.

Once. They shall not be liquidated by sea and air carriers, nor shall they be reimbursed:

(a) Eligible banknotes with maritime and air fares which include services other than sea and air transport, whether or not they are passed on to the passenger.

(b) subsidised air tickets issued under contracts, agreements or agreements of any kind that have not been registered and expressly approved by the Directorate General of Civil Aviation.

(c) The concepts excluded from the rules of application, inter alia, the offers, discounts, promotions or equivalent commercial practices, which must be applied prior to the calculation of the subsidy, as well as optional transport services marketed by the maritime and air carrier.

Twelve. Verification of the computer file of the liquidations requested by the marine companies with the relation of the shipments actually produced in ports.

The procedure for inspection and control of the bonuses to maritime transport must include the verification of whether the data of the shipments contained in the computer file correspond to actual shipments produced in the ports. To this end, the port authorities will forward monthly to the General Directorate of the Merchant Navy the relationship of all the actual shipments produced in the ports corresponding to the bonifiable routes.

The monthly ratio of all actual shipments produced at each port will include the shipping relationships of each and every port of call that occurred during that period. These relations of shipments of each route shall be collected directly by the port authorities or competent bodies in each case or, failing that, transmitted electronically to them by the shipping companies. The referral shall be made in time and form to be determined by the General Directorate of the Merchant Navy, but in any case, they must have been received by the competent body before the ship reaches its destination.

No shipment of any shipment contained in the computer file that is not included in the actual shipment relationship may be bonified unless the error or omission is shown.

Thirteen. The Government will dictate the rules for the application and development of the passenger, maritime and air transport subsidies. "

Final disposition eleventh. Amendment of Law 20/2015 of 14 July on the management, supervision and solvency of insurance and reinsurance entities.

Paragraph 2 of the 21st final provision of law 20/2015 of 14 July 2015 on the management, supervision and solvency of insurance and reinsurance entities, which is drawn up in the following cases, is amended. terms:

" 2. However, the transitional provision thirteenth and the additional provision sixteenth shall enter into force on the day following that of its publication. The fourth and tenth transitional provisions shall enter into force on 1 September 2015. The ninth final provision will enter into force on 1 July 2016. The twelfth final provision shall enter into force on the day following the publication of Law 40/2015 of 1 October of Public Sector Legal Regime. "

Final disposition twelfth. Restitution or compensation to political parties of goods and rights seized in application of the policy on political responsibilities.

The recognition of the rights provided for in Law 50/2007 of December 26, amending Law 43/1998 of December 15, of restitution or compensation to political parties of goods and rights seized in implementation of the policy on political responsibilities of the period 1936-1939, as well as the processing and resolution of the procedures initiated under this Law, will continue to be suspended until the conditions permitting to provide services which the Law recognises without prejudice to the financing of other actions priority public.

Once the concurrency of the stated conditions is established, the Government will approve the Law of Law development, which will set a new deadline for the submission of restitution or compensation applications.

Final disposition thirteenth. Regulatory references.

References to Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure shall be construed as references to the Law of the Common Administrative Procedure of the Public Administrations or the Law of Legal Regime of the Public Sector, as appropriate.

Final disposition fourteenth. Competence title.

1. This Law is dictated by the provisions of Article 149.1.18. of the Spanish Constitution which confers exclusive competence on the legal status of the Public Administrations, as well as on the basis of the provisions of the Article 149.1.13, on the basis and coordination of the general planning of economic activity, and of Article 149.1.14. on the general public finances.

2. It is not of a basic nature and applies exclusively to the State General Administration and the State public sector as provided for in:

(a) Subsection 2. referred to the collegiate bodies of the General Administration of the State of Section 3. Chapter II of the Preliminary Title.

(b) Title I on the General Administration of the State.

(c) The provisions of Chapter II concerning the organization and functioning of the State institutional public sector, Chapter III of State Public Bodies, Chapter IV of the Administrative Authorities Independent, Chapter V of state commercial companies, in Article 123.2 of Chapter VI concerning the Consorcios, Articles 128, 130, 131, 132, 133, 135 and 136 of Chapter VII of the State Public Sector Foundations and the Chapter VIII of the funds lacking legal personality, all of which are Title II relating to the Organisation and functioning of the institutional public sector.

d) The provisions of the additional provisions: fourth, on the adaptation of state entities and bodies, fifth, on shared management of common services in state public bodies, sixth, on own resources, seventh, on the state electronic register of organs and instruments of cooperation, eleventh, on conflicts of intramisterial attributions, twelfth, on Harbour Authorities and Ports of the State, thirteenth, relative to the entities of the Social Security, fourteenth, on the military organization, fifteenth, on the military personnel, the 16th, on Territorial Services integrated into Government Delegations, 17th, on the State Tax Administration Agency, the 18th relative to the National Center for Intelligence, the 19th relative to the Banco de España and the 20th relative to the Bank Ordered Restructuring Fund.

Final disposition fifteenth. Normative development of the Law.

The Council of Ministers and the Ministers of the Presidency and the Finance and Public Administrations are empowered, in the field of their powers, to dictate how many regulatory provisions are necessary for the development of the This Law, as well as to agree on the measures necessary to ensure the effective implementation and implementation of the provisions of this Law.

Within three months of the entry into force of this Law, through the Order of the Minister of Finance and Public Administrations, the provisions of Article 85 on continuous supervision will be developed.

Final disposition sixteenth. Precedence in official acts.

By Royal Decree of the Council of Ministers, on the proposal of the President of the Government, the precedence of the holders of the constitutional powers and of the national institutions, as well as those of the holders of the the ministerial departments and their internal bodies in relation to official acts.

Final disposition seventeenth. Regulatory adaptation.

1. Within one year of the entry into force of the Act, it shall be appropriate to align the State or regional rules which are incompatible with the provisions of this Law.

2. The consortiums created by a singular law approved by the General Courts prior to the approval of this Law will continue to be governed by their special legislation until the aforementioned regulatory adaptation occurs.

18th final disposition. Entry into force.

1. This Law shall enter into force in the year of its publication in the "Official Gazette of the State", with the exception of point four of the fifth final provision, of amendment of Law 22/2003, of 9 July, of the Insolvency, of points one to eleven of the Final disposition of the 9th, modification of the recast of the Law of Public Sector Contracts, approved by Royal Legislative Decree 3/2011, of 14 November and the final provision of the twelfth, of restitution or compensation to the parties political assets and rights seized in application of the policy on political responsibilities which shall enter into force on the twentieth day following that of its publication in the Official Gazette of the State, and point 12 of the same final provision as the ninth, which shall do so within six months of the publication in the Official Gazette of the State.

2. However, the day following that of their publication in the "Official Gazette of the State" will enter into force the final provision, first, of amendment of Law 23/1982, of 16 June, the regulator of the National Heritage, the final provision second, of Amendment of the Royal Decree-Law 12/1995 of 28 December 1995 on urgent measures in the budgetary, tax and financial matters, points one to three of the fifth final provision, amending Law 22/2003 of 9 July, Final provision seventh, amendment of Law 38/2003, of 17 November, General of Grants and final provision 11th, amending Law 20/2015, of 14 July, for the management, supervision and solvency of insurance and reinsurance entities.

3. The tenth final provision of amendment of the additional third provision of Law 17/2012, of 27 December, of the General Budget of the State for the year 2013, shall enter into force on the day following that of its publication in the " Bulletin State Officer ', without prejudice to paragraphs One, first and second paragraph; Two; Three, first and second paragraphs; Four; Five, first to fourth, and, Six, shall have effect from 1 January 2013, and from the provisions of the paragraph Seven.

Therefore,

I command all Spaniards, individuals and authorities, to keep and keep this law.

Madrid, 1 October 2015.

FELIPE R.

The President of the Government,

MARIANO RAJOY BREY