Law 40 / 2015, Of 1 Of October, Of Regime Legal Of The Sector Public.

Original Language Title: Ley 40/2015, de 1 de octubre, de Régimen Jurídico del Sector Público.

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Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-10566

FELIPE VI KING OF SPAIN to all that the present join together and act.

Know: That the Cortes Generales have approved and I come in to sanction the following law: PREAMBLE I on 26 October 2012 the Council of Ministers agreed on the creation of the Commission for the reform of the administrations public mandate for a comprehensive study aimed at modernising the Spanish public sector, provide greater efficiency and eliminate duplications affecting you and simplify the procedures through which the citizens and the companies related with the administration.

He report, that was high to the Council of Ministers the 21 of June of 2013, made 218 proposed based in the conviction of that an economy competitive requires some administrations public efficient, transparent, agile and focused in the service to them citizens and the companies. Along the same lines, the national programme of reforms in Spain for 2014 establishes the need for boosting measures to streamline the administrative action, improve efficiency in the use of public resources and increase their productivity.

This conviction is inspired in what has the own article 31.2 of the Constitution Spanish, when sets that the expenditure public held an allocation fair of them resources public, and its programming and execution will respond to them criteria of efficiency and economy.

As noted in the report of the Commission for the reform of public administrations (hereinafter CORA), the rules governing public administrations has passed through different stages. Traditionally, the regulatory rules of the organic aspects of executive power were separated from that disciplined procedures. This separation ended with the law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure, that unified these materials in a single instrument.

The evolution normative later is has characterized by the profusion of laws, real decrees and others provisions of lower range, that have completed the column spinal of the right administrative. In this way, we are at present regulations governing organic aspects, such as the law 6/1997, of 14 April, organization and functioning of the General Administration of the State; the Law 50 / 1997, of 27 of November, of the Government and the law 28 / 2006, of 18 of July, of agencies State for it improves of the services public; and others dealing with both organic and procedural aspects of the aforementioned law 30/1992, of 26 November; or the law 11/2007, of 22 June, electronic access of citizens to public services, to mention the most important.

It is, therefore, the need to provide a systematic, coherent and orderly, administrative law according to the general project of improving regulatory quality that inspires all the report approved by the CORA our legal system. It provided for the drafting of two laws: one, regulating the administrative procedure, which would integrate the rules that govern the relationship of citizens with administrations. Another, comprehensive of the regime legal of the administrations public, where is would include those provisions that discipline the sector public institutional. Therefore addressed a comprehensive reform of the Organization and functioning of the administrations articulated in two fundamental axes: management extra ad of government relations with citizens and businesses, and the regulation ad intra in the inner workings of each administration and relations between them.

This Act responds to the second of these shafts, and encompasses, on the one hand, the basic legal regime applicable to all public administrations, administrative legislation; and secondly, the specific legal regime of the General Administration of the State, which includes both the so-called institutional administration and peripheral administration of the State. This law also contains the systematic regulation of the internal relations between administrations, establishing the General principles of action and relationship between different public subjects techniques. It is well systematized the ordering of relations ad intra and inter administrations, complemented with the regulations budget, highlighting especially the organic law 2/2012, 27 de Abril, budgetary stability and sustainability financial, Law 47/2003, of 26 November, General budget and annual budgets from the State laws.

Is retains as text independent the law of the Government, that by regular of form specific it head of the power Executive of the nation, of nature and functions eminently political, must keep is separate of the standard regulatory of the Administration public, directed by that. According to this criterion, this law changes that, in order to remove those matters which, by being more specific to the Organization and functions of the members of the Government since administrative bodies, must be regulated in this legal text.

He report CORA recommends reforming the ordering legal administrative not only by reasons of coherence policy and political legislative. Public administrations, far from constituting an obstacle to the lives of citizens and enterprises, should provide the individual freedom and the development of the personal and business initiative. For this, it is essential to establish a regulatory framework that would prevent the creation of unnecessary or redundant entities or organs, and ensure the effectiveness and efficiency of public bodies, exerting on them a continuous monitoring that will allow to assess the fulfillment of the objectives that justified its creation, and question its maintenance when those become exhausted or there is another more efficiently achieve them.

The Organization for cooperation and economic development (in later OECD), has valued the administrative reform undertaken by the CORA in a very positive way. In the report issued on it, it says that the reform package is the result of a rigorous process of gathering data, dialogue between professionals and diagnostic of the weaknesses of the Spanish public administrations. Considered the OECD that the joint of affairs political included in the reform (e.g., government electronic, relations of governance multilevel, good regulation, reforms budgetary), together with them initiatives parallel adopted in them two last years in areas as stability budgetary, transparency and regeneration democratic, explains one of them more ambitious processes of reform made in a country of the OECD. This law, therefore, does not represent the only normative instrument that embodies the reform, but yes is, together with the administrative procedure which discipline, parallel processing, and those already approved on transparency and good governance and budgetary stability, the cornerstone on which the Spanish public administration in the future, at the service of the citizens will be built.

Act II begins by establishing, in its general provisions, the principles of performance and operation of the Spanish public sector.

Among the General principles that must be respected by all public administrations in their actions and in their mutual relations, besides finding those already mentioned in the Spanish Constitution's effectiveness, hierarchy, decentralization, deconcentration, coordination, and full submission to the law and to the right, is the incorporation of transparency and planning and management by objectives, as exponents of the new criteria that should guide the actions of all the administrative units.

The Act provides, with the necessary adaptations, the rules until now contained in law 11/2007, of 22 June, as regards the electronic operation of the public sector, and some of those laid down in the Royal Decree 1671 / 2009, dated November 6, whereby the former develops partially. Thus integrate materials that demanded a unified regulation, as it corresponds to an environment where the use of electronic means should be than usual, as the firm and offices electronic, electronic exchange of data in closed environments of communication and automated administrative action. It also establishes the obligation that public administrations are related to each other by electronic means, forecast that develops later in the title concerning the inter-administrative cooperation by means of a specific regulation of the electronic relations between administrations. Therefore also referred to as a new principle of action interoperability of electronic media and systems and the joint provision of services to citizens.

The enumeration of them principles of operation and performance of them administrations public is full with them already referred in the normative current of responsibility, quality, safety, accessibility, proportionality, neutrality and service to them citizens.


Preliminary title detail regulates the regime of administrative bodies, taking as a basis until now existing rules contained in law 30/1992, of November 26, in which certain developments are incorporated. The creation of bodies only shall be subject to verification that there is no duplication with the existing ones. Supplementing the provisions on the advisory bodies and improving the regulation of the colleges, in particular, of the General Administration of the State, highlighting the generalisation of the use of electronic media so that they can become, celebrate their session, adopt agreements, prepare and send the minutes of their meetings.

Also is incorporate in this title them principles relating to the exercise of the authority sanctioning and which govern the responsibility heritage of the administrations public. Between them news more notable in this field, deserve special mention them changes introduced in the regulation of it called «responsibility heritage of the State legislator» by them injuries that suffer them particular in their goods and rights derived of laws declared unconstitutional or contrary to the right of the Union European, specifying is them conditions that should give is so is can proceed , in his case, the compensation that corresponds.

Finally, are regulated in the preliminary title administrative agreements, in the line referred to in the opinion 878 of the Court of Auditors, 30 November, 2010, recommending to systematize its legal framework and typology, establish the requirements for its validity, and imposing the obligation to refer them to the Court. In this way, develops a full regime of conventions, which sets its minimum contents, kinds, duration, and extinction and ensures its control by the Court of Auditors.

III in relation to the administration of the State, the title first part of the regulation contained in law 6/1997, of 14 April, applying certain improvements to the time it proved necessary. Higher and managerial bodies the ministerial structure and also in the field of peripheral administration and abroad are set. In the case of public bodies, will be its statutes which establish its governing bodies.

The law regulates the ministries and their internal organisation, on the basis of the following bodies: Ministers, Secretaries of State, undersecretaries, General Secretaries, Secretaries General technicians, Directors General and Assistant Directors General.

Is integrated in this law functions of them Ministers that, until now, were scattered in other standards or that were inherent to the exercise of certain functions, as celebrate in the scope of its competition, contracts and conventions; authorize budget changes; decide the representation of the Ministry in the collegiate bodies or working groups; the account of the Department to the Court of accounts; and resolve them resources administrative presented to them bodies higher and management of the Department. Law partially reordered competitions between upper bodies, Ministers and Secretaries of State, and executives, Secretaries, Secretaries-General, technical Secretaries-General and Directors Generals of ministries, attributing to certain organs as their own some functions that are usually delegated in them so far. And in order to facilitate the improvement of management measures proposed in the report CORA, a new competition is attributed to the undersecretaries: the adopt and promote measures to centralized management of resources and material means in the scope of his Department.

Is attributed also expressly to the Undersecretary of the Ministry of the Presidency, in coordination with the Secretariat General of the Presidency of the Government, them competencies own of them services common of them departments in relation to the area of the Presidency of the Government. It should be recalled that, when it comes from an area outside the structure of the ministerial department, this attribution exceeds Royal Decree that the organizational structure of that set.

To avoid the proliferation of centers responsible of the provision of services administrative in each entity or unit, and facilitate that them same is provide by organs specialized in the field of the Ministry or of form centralized for all it administration, is provides the possibility of that it organization and management of them services common of them ministries and entities dependent can be coordinated by the Ministry of Hacienda and administrations public u another body public; either by the Secretariat for each Department.

IV. on the basis of the regulation of the peripheral Administration contained in law 6/1997, the law regulates the General Administration of the State of territorial bodies, delegates and sub-delegates of the Government. As major developments regarding the regulation until now existing, emphasize the following issues.

With regard to them delegates of the Government, is reinforces its paper political e institutional, is les defines as organs managers, and is has that his appointment will attend to criteria of competition professional and experience, being of application to the performance of their functions it established in the title II of the Law 19 / 2013, of 9 of December, of transparency, access to it information public and good government.

Improving the regulation of their fallback, vacancy or disease, corresponding to the representative of the Government designated by the delegate. In case of not having carried out formally the designation, and when is try of a community single that lacks of Deputy, the fallback will fall on the Secretary General.

The powers of the delegates of the Government, which so far were collected in various precepts, are to be covered in a single article, systematizing them into five categories: powers of direction and coordination; information of the action of the Government and citizens; coordination and cooperation with other public authorities; competences related to the control of legality; and skills related to the development of public policies.

Expressly stated in the law of the jurisdiction attributed to the delegates of the Government in law 33/2003, 3 November, heritage of the administrations public, relating to the coordination of the uses of the buildings of the General Administration of the State in its scope, in accordance with the guidelines established by the Ministry of finance and public administration and the General direction of heritage of the State.

With respect to the Government's sub-delegates, qualification requirements materialize to be named representative of the Government, in such a way that civil service subgroup is now indicated that should belong. In terms of the powers of the Government's sub-delegates, and as most relevant novelty, he is credited with the coordination of the use of the material means and, in particular, of the administrative buildings in the area of the province.

Legally collect the existence of a body that has been unveiled as fundamental in the management of delegations and Subdelegations, the General Secretariat, responsible for the management of common services and which will depend on the functional areas. Also sets legal level of legal assistance and the financial control of the delegations and Subdelegations of the Government shall be exercised by the State law and by the General intervention of the administration of the State, respectively, to question previously governed by regulations.

The law also expressly provides for the existence of the Inter-Ministerial Committee for the coordination of the peripheral of the State administration, whose powers, composition and functioning shall be subject to statutory regulation.

By what is refers to it Administration General of the State in the outside, is made a remission to it law 2 / 2014, of 25 of March, of the action and of the service outside of the State, and to its normative of development, declaring is it application extra of the present law.

V in the field of so-called institutional administration, the law ends and makes effective the conclusions reached in this area by the CORA and that they are a reflection of the need to comply with the provisions of the mentioned article 31.2 of the Constitution, which directs public spending to make an equitable allocation of public resources, and that its programming and execution meet the criteria of efficiency and economy. Form consistent with this mandate, article 135 of the Constitution establishes that all Governments put in place performances at the beginning of budgetary stability.

The permanent need for adaptation of the institutional management can be seen with the mere analysis of the legal regulation of the entities that compose it. A scene in which have passed successively different laws from different perspectives have designed the regulatory framework of the auxiliary bodies available to the State.


Firstly, the legal fundamental regulation of different types of entities and state-dependent public organizations is provided for in law 6/1997, of 14 April, which distinguishes three types of entities: autonomous bodies, public business entities and State agencies, category that was added later. Each of these agencies has a specific regulations, which normally consists of a reference in the law of creation and a subsequent regulatory development dictated by passing the corresponding statutes.

However, the apparently general framework is questioned by the forecast established in the tenth additional provision of the Act, 6/1997, of 14 April, which excludes its application to certain entities that are equipped with own legal provisions, so the law applies them only supplementary. This exception puts of relief the main obstacle in the clarification normative of these entities, that not is another that the displacement of the right common in benefit of a right special normally linked to a perception own of a sector of activity, social or corporate, that through the legislation specific manages to provide is of a framework legal more sensitive to their needs.

Law 6/1997, of 14 April, after functional decentralization of the State quickly recovered its tendency to diversity. In first place, by the approval of the Law 50 / 2002, of 26 of December, of foundations. It is designed the regime applicable to foundations constituted mainly by the public sector entities, applying the foundational technology to the field of public management.

From another perspective, based on the analysis of activity which are different entities, the existing system has been regulated in law 47/2003, of 26 November, General budget, all of the so-called "State public sector», which is composed of three sectors: first, the administrative public Sector, which is constituted by the General Administration of the State; the General Administration of the State-dependent autonomous bodies; the entities management, services common and them mutual collaborating with it security Social in its function public of collaboration in the management of it security Social; them organs with endowment differential in those budgets General of the State that, lacking of personality legal, not are integrated in the Administration General of the State but form part of the sector public State; State public law entities and consortiums, when their actions are subject directly or indirectly to the decision of an organ of State power, its main activity does not consist in producing market goods and services contract and not be financed mainly with commercial income. Second, Public Sector business, which consists of public entities, dependent of the General Administration of the State, or any other public bodies linked or dependent on it; State-owned commercial companies, defined in the law 33/2003, 3 November, heritage of the public administrations; and State entities of public law other than the misunderstood in the public administrative Sector and not included in the consortia. Third, the founding Public Sector, consisting of the foundations of the State public sector, defined in law 50/2002, of 26 December.

He following landmark normative was it law 33 / 2003, of 3 of November, that regulates the called «heritage business of the Administration General of the State», formed by them entities public business, to which is concerns the chapter III of the title III of the law 6 / 1997, of 14 of April, them entities of right public whose income come, at least in a 50 by 100 , of operations carried out in the market; and State companies.

The concern about the adequacy of public bodies and willingness to deal with its reform led to the adoption of law 28/2006 of 18 July, State agencies to the improvement of public services, through which this new type of entity was created. The main objective of this law was to establish accountability mechanisms in the management of new public bodies, linking the payment system to achieve its goals and recognizing a greater margin of discretion in budgetary management.

The law authorized the creation of 12 agencies, although so far have been only constituted 7 of them, and the Spanish Agency of medicines and health products, authorized in another law.

The objective of the reform was establish the Agency as new model of entity public, but was born already with an effectiveness limited. The fifth additional provision of law authorizing the Government to transform into agency the public agencies whose objectives and activities will comply with its nature, which implied the recognition of the existence of entities which, for failing to meet this requirement, do not need processing, and which would remain in its status of autonomous bodies, public business entities or bodies with special status. And, however, the seventh additional provision ordering attribute status to all public bodies to future creation «in General».

By all this, not can tell is that them objectives of the law is have reached, even after more than six years of validity, because its development back has been very limited, and because them measures of control of expenditure public have neutralized it claim of provide to them agencies of greater autonomy financial.

Other standards have addressed with greater or lesser extent, the scope and category of the public sector. It is the case of the law 30/2007 of 30 October, Public Sector contracts, which differs between the «Public Sector» and «Public administration», by introducing the concept of 'contracting authority'. Distinction also collected in subsequent Royal Decree 3/2011, of 14 November, which approves the revised text of the law of contracts in the Public Sector.

Law 2/2011, March 4, sustainable economy, pushed through a regulation itself and especially for the six regulatory bodies existing at that time, with special attention to ensure their independence from the market players. Law 3/2013, 4 June, creation of the National Commission of markets and competition subsequently joined this monitoring seven pre-existing. Even us find with that the law organic 2 / 2012, of 27 of April, of stability budget and sustainability financial, to avoid doubts interpretative, is forwards to the definition of the «sector public» «in the field community».

Set up administrative reform project addresses the situation of instrumental bodies in two directions: concrete measures of rationalization of the State, Foundation, and corporate, public sector which have materialized in successive agreements of Council of Ministers, and other provisions; and the reform of the system applicable to them, which is embodied in this law, and which had already taken steps in the recent law 15/2014, 16 September, from streamlining the Public Sector and other measures of administrative reform, which changed the status of the consortia.

Taking into account all these antecedents, the law establishes, first, two basic standards for all public administrations. On the one hand, the obligation to sign the creation, transformation or extinction of any which is a member of the institutional public sector in the new inventory of State, regional and Local Public Sector entities. This registration will be required to obtain the final tax identification number of the State tax administration agency. This registry will provide complete, reliable and public information on the number and types of public bodies and entities existing in every moment. And on the other hand, forces all administrations to have a system of continuous monitoring of its subsidiaries, involving the periodic formulation of proposals for transformation, maintenance, or extinction.

Already at the level of the General Administration of the State, establishing a new classification of State public sector agencies and entities that are created after the entry into force of the law, more clear, orderly and simple, as they are reduced to the following types: public bodies, including autonomous bodies and public business entities; independent administrative authorities, State corporations, consortia, foundations of the public sector and funds without legal personality. The goal is the systematising the regime until now existing at the State level and improve it following the guidelines are explained below.

Firstly, preserving the positive aspects of the regulation of the different types of entities, so that it favours programming objectives, control of efficiency of public bodies and the maintenance of strictly necessary for carrying out the functions legally assigned to the public sector.


Secondly, suppressing the specialties which, without much justification, conducive to the exception from the application of administrative controls that must exist in any public performance, in what it has come to be called «escape from administrative law». The flexibility in management must be compatible with the mechanisms of control of the management of public funds.

And, thirdly, devoting enough attention to the supervision of public bodies and its transformation and extinction, materials are that, for rare, not had sued a regime in the past. This resolves one of the major failings of the agencies act: the absence of a true external evaluation to the authority, allowing to judge whether it is still the most efficient and effective way meet the objectives that pursued its creation and which propose alternatives where it's not so.

In this way, two types of controls of the members of the State public sector entities are established.

A supervision continuous, from its creation until its extinction, to charge of the Ministry of Hacienda and administrations public that will monitor the concurrency of them requirements provided in this law.

A control of efficiency, centered in the compliance of them objectives own of it activity of the entity, that will be exerted annually by the Department to which is attached the entity u body public, without prejudice of the control of it management economic financial that is exercise by it intervention General of the administration of the State.

This system, following the best practices of comparative law, will allow to evaluate continuously the survival of the reasons that justified the creation of each entity and its future sustainability. This will prevent from having to repeat in the future the exhaustive analysis that had to run the CORA to identify unnecessary or redundant institutions and that are in the process of extinction.

He joined the content of the law regulation of the own media and technical services of the Administration, according to what is currently set the regulations for public sector contracts. As a novelty, the creation of an own means or his statement 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 profitability, and that makes an option more efficient than public procurement for supply or service whose provision corresponding , or that concur others reasons exceptional that justify its existence, as it security public or the urgency in the need of the service. In addition, these entities must be identified through a «MP» acronym, for greater legal certainty. These requirements apply both to own means believing in the future as to the existing ones, establishing itself within six months to adapt.

Under the denomination of «organisms public», the law regulates them agencies autonomous and them entities public business of the sector public State.

Public bodies are defined as those dependent or related to the General Administration of the State, either directly, through another public body, whose features justify its organization in regime of functional decentralization or independence, and which are created to carry out administrative activities, are development, delivery, management of public services or production of goods of public interest susceptible of consideration , as well as activities of contents economic reserved to the authorities public. They have differentiated public legal personality, own patrimony and Treasury, as well as autonomy of management and corresponding to them are the precise administrative powers for the fulfilment of their purposes unless the expropriation power.

Establishes a common organizational structure in the field of the State public sector, articulated in Executive Government bodies and monitor effectiveness, corresponding to the Minister of finance and public administration the classification of entities, in accordance with their nature and the criteria laid down in the Royal Decree 451/2012, 5 March, which regulates the remuneration regime of the most responsible and managers in the public sector business and other entities.

In general, the creation of public bodies is made more demanding to undergo these requirements: on the one hand, the development of an action plan with a minimum content that includes an analysis of efficiency and the reasons that underlie the creation; justification of the way legal proposal; determination to meet objectives and indicators to measure them; accreditation of the non-existence of duplication, etc. And, on the other hand, a mandatory report from the Ministry of finance and public administration.

According to the criterion of rationalizing previously exposed to all the General Administration of the State, both newly created existing in the State public sector bodies to apply management shared common services, except that the decision not to do so is justified in memory to accompany creation rule for reasons of efficiency , in accordance with article 7 of the organic law 2/2012, 27 de Abril, budgetary stability and financial sustainability, national security or when the organisation and shared management affect services that must be provided independently in accordance with the independence of the Agency.

By first time, is includes for the sector public State a regime of transformations and mergers of agencies public of the same nature legal, well through its extinction e integration in a new body public, or through its absorption by other already existing. The fusion is take to held by a standard regulatory, though suppose modification of the law of creation. Greater control for autonomous body transformation is set in State-owned commercial company or foundation of the public sector, in order to avoid the phenomenon of flight controls of administrative law, which required the elaboration of a memory that justifies it and a mandatory report from the General intervention of the administration of the State. On the other hand, it facilitates the transformation of State corporations in autonomous bodies, which are subject to more intense controls.

Regulates, also at the State level, dissolution, liquidation and extinction of public bodies. In this sense, outlined the causes of dissolution, notably the situation of financial imbalance during two consecutive financial years, circumstance that does not operate automatically, to the can be corrected by a plan drawn up for the purpose.

The dissolution process is agile, to the agreement of the Council of Ministers is sufficient. You must designate an administrative body or entity of the institutional public sector as liquidator, whose responsibility will be directly assumed by the Administration that appointed him, without prejudice the possibility of repeat against him if there is legal cause to do so.

Published the agreement of dissolution, liquidation starts automatically, and will take place by transfer and global integration of all assets and liabilities of the Agency to the General Administration of the State, that will happen to the extinct entity in all of its rights and obligations. Formalized the liquidation will occur automatic extinction.

In terms of the typology of the institutional sector of the State, the law provides the following categories of entities: public bodies, comprising autonomous bodies and public business entities; independent administrative authorities; State-owned commercial companies; the foundations of the State public sector; the consortia; and those funds without personality legal. In the chapters corresponding to each type is defines its regime legal, financial, budgetary, of recruitment, and of personal. Them agencies autonomous develop activities derived of it own administration public, in quality of organizations instrumental differentiated and dependent of this, while the entities public business, is qualify by combine the exercise of powers administrative and of activities benefits, of management of services or of production of goods of interest public, susceptible of consideration. Them authorities administrative independent, have attributed functions of regulation or supervision of character external on a given sector or activity economic, for whose performance must be equipped with of independence functional or a special autonomy with regard to the Administration General of the State, what should determine is in a standard with range of law. In response to this peculiar idiosyncrasy, are governed first by its regulations special, and Additionally, to the extent compatible with its nature and functions, by this law.


The concept of State corporations currently in force remains in law 33/2003, 3 November, for which is included as a new responsibility applicable to the members of their boards of directors appointed by the General Administration of the State shall be directly assumed by designating administration. All this, without prejudice of that can require is of trade the responsibility of the administrator by them damage and damages caused when had crowded dolo, or guilt or negligence serious.

The law establishes basic basis the status of the consortia, it is a regime which, by definition, affect all public administrations, in line with the modifications made by the law 15/2014, 16 September, rationalization of the Public Sector and other administrative reform measures. The creation of a consortium involving the General Administration of the State must be provided in a law and be preceded by authorization of the Council of Ministers. The Consortium is constituted by means of the corresponding agreement, which shall be accompanied by-laws, an action plan of equal content than public bodies and the favourable mandatory report from the competent Department at the Treasury or the general intervention that corresponds. Them entities consortium may agree, with it most that is set in them statutes, or to lack of forecast statutory, by unanimity, the assignment global of active and passive to another entity legally adequate with the purpose of keep the continuity of the activity and reach them objectives of the consortium that is liquid. Its dissolution is automatic through agreement of the governing body of the Consortium, which will appoint an organ or entity as liquidator. The responsibility of the employee public that is named liquidator will be assumed by the entity or the Administration that it appointed, without prejudice of them actions that this can exercise for, in your case, repeat the responsibility that corresponds. Finally, note that it progress in the budgetary rigour of the consortia that will be subject to the system of budgeting, accounting, and control of the public administration to which they are assigned and will therefore be integrated or, where appropriate, accompany secondment administration budgets in the terms provided for in the regulations.

Sets the legal regime of the foundations of the State public sector, maintaining the frontlines of law 50/2002, of 26 December, of foundations. The creation of the foundations, or the acquisition of form arising from this legal form, shall be made by law. Is should provide for the possibility of that in the heritage of the foundations of the sector public State can exist contribution of the sector private of form not majority. As novelty, is set with character basic the regime of secondment public of the foundations and of the protectorate.

They are finally regulated in this title lacking legal personality of the State public sector funds, figure whose frequent use demanded the establishment of a legal regime, and that they should be created by law.

VI the title III establishes a full system of relations between the different public administrations, which must be attached to new guiding principles whose last ratio is found in articles 2, 14 and 138 of the Constitution, respect for the equal rights of all citizens and the adequacy to the system of distribution of powers, the territorial solidarity, the programming and evaluation of results.

Following the constitutional jurisprudence, defined and differentiated two key principles of relations between administrations: cooperation, which is voluntary and coordination, which is mandatory. The different organs and ways to cooperate and coordinate are regulated on this basis.

Widely develop techniques of cooperation and in particular, those of organic nature, notably the Conference of Presidents, which is regulated by first time, sectoral conferences and bilateral commissions for cooperation. Among the functions of the sectoral conferences stands out as a novelty the be informed about draft laws and the draft regulations of the Government of the nation or the Government Councils of the autonomous communities, when they affect directly to the area of competence of other public administrations or as is provided for in sectoral legislation. It is intended to promote joint planning and avoid duplication.

Is clarifies that them conferences sectoral may adopt recommendations, that involve the commitment of who have voted to please to guide their actions in that matter in the sense agreed, with the obligation of motivate its not tracking; and agreements, which may take the form of joint plans, which will be obligatory for all the non-dissenting members, and which shall be enforceable before the contentious-administrative court order. When the General Administration of the State to exercise functions of coordination, in accordance with constitutional jurisprudence, the agreement will be mandatory for all administrations of the sectoral Conference.

Provides the possible electronic functioning of these organs, which will favour the calls for the sectoral conferences, which may be more frequent, saving travel costs.

Within the duty of collaboration is delimit them alleged in which the assistance and cooperation can deny is from the administration required, and is embodied them technical of collaboration: the creation and maintenance of systems integrated of information; the duty of assistance and aid to respond to requests made by other administrations for the better exercise of its powers and any other provided for in the law. However, the duty of cooperation to which public administrations are subject should be exercised submission provisions in specific legislation.

Is creates a registration electronic State of organs e instruments of cooperation, with effect establishing, so can be of general knowledge, of form reliable, the information relative to them organs of cooperation and coordination in which participates the Administration General of the State and its agencies public and entities linked or dependent, and what conventions there are in force in each time.

Legal response is also given to competence interrelationships that have been developing over the past years, promoting the voluntary establishment of integrated or complementary, in which each Administration take into account the competences of other public administrations and services know their action projects to improve the efficiency of the entire administrative system.

Also enhances the availability of electronic systems of mutual information, increasingly integrated, as has been highlighted with the law 20/2013, December 9, guarantee of the unity of market.

Provisions additional law are collected, among other matters, the mention to the administration of the territories historical of the Basque country, the delegates of the Government in the cities of Ceuta and Melilla, in the smaller islands administrative structure, relations with the cities of Ceuta and Melilla, the adaptation of public bodies and existing entities, shared common existing public bodies services management the transformation of the existing own means, the State organs and instruments of cooperation register, the adaptation of existing conventions, the sectoral Commission of eGovernment, the adaptation to the consortia in which it participates State, conflicts of intraministeriales powers as well as the Statute of the Bank of Spain, port authorities and ports of the State, managing bodies and common Social security services , the State tax administration agency and NATO military, only whose particular features justify a separate treatment.

Transitional provisions establishes the regime applicable to the institutional public sector existing at the entry into force of the law, as well as the rules applicable to the procedures of developing standards in the process.

The single repealing provision contains rules and the provisions of equal or lower rank which are hereby repealed.

The final provisions include the modification of the regulation of the Government contained in the Law 50/1997, of 27 November; also modifies the law 33/2003, 3 November; establishing competence certificates on the basis of which is dictated the law, enabling policy development; and the entry into force, scheduled for one year after the publication of the law in the «Official Gazette».


The amendments made to the current law of the Government represent a series of transcendent innovations. Thus, fits the regime of the members of the Government to the provisions of the law 3/2015, of 30 March, regulating the exercise of the high charge of the General Administration of the State. As the President of the Government, Vice-Presidents and Ministers, are introduced technical improvements on the procedure and formalities of the EESC. In the event that there are Ministers without portfolio, by Royal Decree will determine the scope of their powers, the administrative structure as well as the personal and material resources that are assigned to these bodies.

In addition, expected exceptionally other senior officials attending the Council of Ministers, when they are summoned, possibility that up to now only be contemplated with respect to the Secretaries of State.

The regime of the fallback of the members of the Council of Ministers, is flexible since is not considered absence transient interruption of the attendance of Ministers of a collegiate body. In such cases, functions that could correspond to the Member of the Government during this situation shall be exercised by the following authority on this range.

Royal Decree of creation of each of the delegated committees of the Government must regulate, besides other issues, the internal regime of operation and, in particular, the calls and substitutions. In this way, the regime of such bodies is completed.

Includes also an enabling the Government so you define certain issues, such as the regulation of the precedence on official occasions of holders of constitutional powers and institutions, national, regional, ministerial departments and the internal organs of these, as well as the regime of the former Presidents of the Government.

Agreement so the telematics processing reaches all levels of the Government, is expected that the Minister of the Presidency can dictate instructions for the handling of affairs in the colleges of the Government regulating the possible documentation of proposals and agreements by electronic means.

The collaboration and support of the Government bodies remain the same as in the current regulations: General Committee of Secretaries of State and under-secretaries, Secretariat of the Government and Cabinet of the President of the Government, Vice-Presidents, Ministers and Secretaries of State. The law introduces improvements in the functioning of these organs, in particular by attributing to the General Committee of the Secretaries of State and under-secretaries analysis or discussion of those matters which, without be the competence of the Council of Ministers or their delegates commissions, affect several ministries and are submitted to the Commission by its Chairman.

Are collected at the legal level the functions of the Secretariat of the Government as a body of support of the Minister of the Presidency of the Council of Ministers, the delegated committees of the Government and of the General Commission of Secretaries of State and under-secretaries, and is entrusted to others that are related to the administrative handling of the sanction and actual enactment of laws the issuance of royal decrees, the processing of acts and provisions of the King whose endorsement is the Prime Minister or the President of the Congress of Deputies and the processing of the acts and provisions that the legal system attributed to the competence of the President of the Government, among others.

As for the mode of operation of the Council of Ministers, stands out as a new regulation of the possibility to take over, a proposal from the President of the Government, the powers whose decision corresponds to the delegated committees of the Government.

Finally, it modifies the title V of the law of the Government, with two purposes.

First, reform the procedure through which there is legislative initiative and the regulatory authority, in line with the principles laid down in General for all administrations in the law of administrative procedure and which involve the development of an annual regulatory Plan; carrying out a public consultation prior to the drafting of the proposals; the strengthening of the contents of the memory of the regulatory impact analysis; the allocation of functions to the Ministry of the Presidency to ensure the regulatory quality; and evaluation ex post of the approved standards.

These important developments, tax initiatives carried out on Better Regulation in the European Union, also follow the recommendations which in this matter has made the Organization for cooperation and economic development (OECD) in its report issued in 2014 «Spain: From Administrative Reform to Continous Improvement». It is the communication of the European Commission to the Council on June 25, 2008 (A 'Small Business Act' for Europe) includes among its recommendations the set specific dates of entry into force of any rule affecting small and medium-sized enterprises, proposed that joins the State regulations and that will contribute to increasing legal certainty in our economic activity.

In second place, is extracted the article dedicated to the control of the Government of the title V, in which improperly is was, so that happens to constitute one specific with this exclusive content, with a drafting more according the normative regulatory of the jurisdiction administrative.

PRELIMINARY TITLE General provisions, principles of action and functioning of the public sector CHAPTER I General provisions article 1. Object.

This law establishes and regulates the bases of the legal regime of public administrations, the principles of the system of accountability of public administrations with powers to impose penalties, as well as the Organization and 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 Act applies to the public sector comprising: a) the General Administration of the State.

(b) administrations of the autonomous communities).

(c) the entities that make up the Local Administration.

(d) the institutional public sector.

2 the institutional public sector is made up of: to) any public bodies and entities of public law related or dependent of public administrations.

(b) the entities of right private linked or dependent of them administrations public that will be subject to it willing in them standards of this law that specifically is relating to them same, in particular to them principles provided in the article 3, and in all case, when exercise powers administrative.

(c) public universities which shall be governed by its regulations specific and additionally by the provisions of this law.

(3 have consideration of public administrations, the General Administration of the State, the administrations of the autonomous communities, the entities that make up the Local Administration, as well as public bodies and entities governed by public law referred to in the letter a) of paragraph 2.

Article 3. General principles.

1. 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, the law and the right.

They must be respected in its action and relations the following principles: to) effective service to the citizens.

(b) simplicity, clarity and proximity to citizens.

(c) participation, objectivity and transparency of the administrative action.

(d) rationalization and agility of administrative procedures and material management activities.

(e) good faith, legitimate expectation and institutional loyalty.

(f) responsibility for public management.

(g) planning and management by objectives and management control and evaluation of the outcomes of public policies.

(h) effectiveness in the fulfilment of the objectives.

(i) economy, sufficiency and strict adaptation of the means for institutional purposes.

(j) efficiency in the allocation and use of public resources.

(k) cooperation, collaboration and coordination between the public administrations.

2. public administrations interact among themselves and with their organs, agencies and entities linked or dependent through electronic means, that ensure the interoperability and security of the systems and solutions adopted by each of them, shall ensure the protection of data of a personal nature, and preferably will facilitate the joint provision of services to stakeholders.

3. under the direction of the Government of the nation, of the governing bodies of the autonomous communities and the corresponding local authorities, the performance of the respective public administration develops the objectives established by the laws and the rest of the legal system.

4. each one of the public administrations of the article 2 acts for the fulfilment of its purposes with a single legal personality.

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


1. public administrations which, in the exercise of their respective powers, to establish measures that limit the exercise of individual and collective rights or require the fulfilment of requirements for the development of an activity, must apply the principle of proportionality and choose the least restrictive measure, motivate their need for the protection of the public interest as well as justify their fitness to achieve the aims pursued , without causing any differences in treatment discriminatory. Also they shall periodically assess the effects and results.

2. the public administrations shall ensure compliance with the requirements laid down in the legislation which applies, for which may, in the field of their respective competencies and with the limits established by the law of protection of personal data, check, verify, investigate and inspect the facts, acts, elements, activities, estimates and other circumstances that were needed.

CHAPTER II of the organs of the public administration section of administrative bodies article 5 1. Administrative bodies.

1 they shall be regarded as administrative bodies administrative units is attributed to functions that have legal effect against third parties, or whose performance is of a prescriptive nature.

2 corresponds to each public administration map out, in their respective area of competence, the administrative units comprising administrative bodies own specialties from your organization.

3 the creation of any administrative body will at least require compliance with the following requirements: to) determination of his integration in the public administration in question and its hierarchical dependency.

(b) limitation of its functions and powers.

(c) provision of the necessary funds for its implementation and operation.

4. not new bodies involving duplication of existing ones if at the same time it is not suppressed or properly restricted the competition of these may be created. This object, the creation of a new organ will only take place after verification that there is another in the same public administration that will develop the same function on the same territory and population.

Article 6. Instructions and orders of service.

1. the administrative organ may direct the activities of its hierarchically dependent bodies by means of instructions and orders of service.

When a specific provision thus establishes it, or deemed suitable by reason of recipients or the effects that may occur, instructions and service orders will be published in the Official Gazette that corresponds, without prejudice to its dissemination in accordance with provisions in the Act 19/2013, December 9, transparency, access to public information and good governance.

2 failure to follow instructions or orders of service does not affect itself only the validity of the actions dictated by administrative bodies, without prejudice to disciplinary liability that may be incurred.

Article 7. Advisory bodies.

Advisory Administration can articulate through specific bodies with organic and functional autonomy with respect to the active administration, or through the services of the latter providing legal assistance.

In such case, such services not may be subject to dependency hierarchical, already is organic or functional, or receive instructions, guidelines or any class of indication of them bodies that have made them provisions or produced them acts object of consultation, acting to comply with such guarantees of form collegiate.

Section 2 competence article 8. Competition.

1. the competition is inalienable and shall be exercised by the administrative organs that have it assigned as their own, except for the cases of delegation or certiorari, where they carry out under the terms provided in this or other laws.

The delegation of powers, the encomiendas of management, the delegation of signature and the fallback pose no alteration of the ownership of the competition, but yes in the determining elements of its exercise that in each case is expected.

2. the ownership and the exercise of the powers conferred on administrative bodies can be decentralized in other hierarchically dependent on those terms and the requirements that provide for the rules of attribution of competences.

3. If any provision attributed competence to management, without specifying the organ that must exercise it, means that the Faculty instruct and resolve cases corresponds to lower bodies by reason of the matter and the territory. If there is more than one competent lower body because of matter and territory, the faculty to instruct and resolve cases will correspond to the common hierarchical superior of these.

Article 9. Delegation of powers.

1. the bodies of the different public administrations may delegate the exercise of competences which are conferred in other organs of the Administration, even when they are not hierarchically dependent, or in public bodies or entities of public law linked or dependent on those.

At the level of the General Administration of the State, the delegation of powers must be approved previously by the ministerial organ who depend on the delegating authority and in the case of public bodies or organizations linked or dependent, by the highest organ of direction, in accordance with its rules of creation. In the case of organs not hierarchically related will require the prior approval of the common upper if both belong to the same Ministry, or the superior body of whom depend on the executive organ, if the principle and delegate belong to different ministries.

Also the organs of the General Administration of the State may delegate the exercise of their own powers in their public bodies and entities linked or dependent, as suitable for the purposes that are assigned and improve the effectiveness of its management. The delegation must be previously approved by the bodies which depend on the delegating body and the body delegate, or accepted by the latter whenever the maximum organ of address of the public body or entity associated or dependent.

2 in any case may be delegation the competences related a: to) matters relating to relations with the head of State, the Presidency of the Government of the nation, the Cortes Generales, the presidencies of the Councils of Government of the autonomous communities and the legislative assemblies of the autonomous communities.

(b) the adoption of provisions of character overall.

(c) resolution of resources in the administrative organs that have rendered the acts subject to appeal.

(d) material that is thus determined by standard of legal rank.

3. the delegations of powers and its repeal shall be published in the «Official Gazette», in the autonomous community or the province, according to the Administration, to which belong the delegating body, and the territorial scope of this.

4. the administrative decisions taken by delegation shall indicate expressly this circumstance and are considered to be dictated by the delegating body.

5. unless expressly authorized in a law, the powers that are exercised by delegation cannot be delegated.

Does not constitute any impediment so that competition can be delegated to resolve a procedure the circumstance that the same regulatory standard provides for, as a prescriptive process, the issuance of an opinion or report; However, competition may not delegate to resolve a procedure once in the corresponding procedure has been issued an opinion or mandatory report about it.

6. the delegation shall be revocable at any time by the authority that has been conferred upon it.

7. the agreement's delegation of those powers conferred on colleges, for whose exercise required a quorum or special majority, shall adopt noting, in any case, such quorum or majority.

Article 10. Certiorari.

1. the governing bodies may arrogate unto knowledge of one or several issues whose resolution corresponds ordinarily or by delegation to its dependent administrative organs, when circumstances of technical, economic, social, legal or territorial nature should do.

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

2. in any case, the certiorari will be made by reasoned agreement which shall be notified to the interested parties in the procedure, if any, prior or simultaneously with the final resolution that is handed down.

The agreement of certiorari not be against, although he may contest in which, in his case, stands against the decision of the procedure.

Article 11. Management charges.


1. the realization of activities of technical or material nature of the jurisdiction of administrative bodies or entities of public law may be entrusted to other bodies or entities of public law of the same or of different administration, provided that within its competencies are those activities, for reasons of efficiency, or when not to possess the technical means for their performance.

The encomiendas of management may not have intended performance contracts contracts regulated in the law of contracts in the public sector. In such a case, their nature and legal regime will be adjusted as provided in this.

2. the entrustment of management does not imply transfer of the ownership of competition or the substantive elements of its exercise, being the responsibility of the organ or entity encomendante dictate how many acts or decisions of a legal nature to give support or in which the concrete material activity under entrustment to integrate.

In any case, the entity or body entrusted will have the condition responsible for the treatment of the personal data that might have access in execution of the encomienda of management, being application as provided in the regulations for the protection of personal data.

3 formalization of the encomiendas of management shall conform to the following rules: to) when charged with management is made between administrative bodies or entities of public law belonging to the same administration involved should be formalized in terms that establishes its own rules and, failing that, by express agreement of bodies or entities of public law. In any case, the instrument of formalization of the encomienda of management and its resolution shall be posted, for its effectiveness, in the official bulletin of the State, in the Official Gazette of the autonomous community or the province, according to the Administration, to which belong the encomendante organ.

Each administration may regulate the requirements for the validity of such agreements that shall include, at least, express mention of the activity or activities that affect, the term and the nature and extent of entrusted management.

(b) when the Commission of management between organs and entities of public law of different administrations will be formalized through the signing of the corresponding agreement between them, which shall be published in the «Official Gazette», in the Gazette of the autonomous community or the province, according to the Administration to belong encomendante organ, except in the course of the ordinary management of the services of the autonomous communities by the councils or in your case Cabildos or tips Island, that are governed by the legislation of regime Local.

Article 12. Delegation of signature.

1. the holders of administrative organs may, in matters within its competence, it holds, either by attribution, by delegation of powers, delegate the signing of decisions and administrative acts in holders of bodies or administrative units coming under their jurisdiction, within the limits set out in article 9.

2. the delegation of signature will not alter the jurisdiction of the delegating authority and its validity will not require publication.

3 resolutions and acts signed by delegation shall contain this circumstance and the authority of origin.

Article 13. Fallback.

1. in the form that available each administration public, them holders of them organs administrative may be supplemented temporarily in them alleged of vacant, absence or disease, as well as in them cases in that has been declared its abstention or recusal.

If alternate is not appointed, the competence of the administrative organ shall be exercised by who appoint immediate superior of whom depend on the administrative organ.

2. the fallback will not involve alteration of the competition and its validity will not require publication.

3 in the field of the General Administration of the State, the designation of alternate may be made: to) in the Royal Decrees of basic organic structure of the ministerial departments or in the statutes of their public bodies and entities linked or dependent as appropriate.

(b) by the competent authority for the appointment of the incumbent, in the very act of appointment well in another later when occurs the event giving rise to the fallback.

4. in the resolutions and acts issued by substitution, shall be disclosed this circumstance and specify the owner of the body whose fallback are taken and who is effectively exercising this fallback.

Article 14. Decisions on competence.

1. the administrative organ that is deemed incompetent for the resolution of a matter directly forward actions to the authority deemed competent, and must notify this circumstance to those interested.

2. the interested parties which are party to the proceedings may contact organ that is knowing a subject so you decline its jurisdiction and refer the proceedings to the competent organ.

Also, can go is to the organ that deem competent to require of inhibition to which is knowing of the affair.

3. conflicts of powers may only arise between organs of the same non-hierarchically, and on matters on which the administrative procedure has not been concluded.

Section 3 colleges of the different public administrations subsection 1st operation article 15. Regime.

1. the legal regime of the colleges shall comply with the standards contained in this section, without prejudice to the organisational peculiarities of public administrations that are integrated.

2 colleges of the various public administrations in which participating organisations representing social interests, as well as those composed of representations of different public administrations, have or not with the participation of representative organizations of social interests, may establish or complete its own standards of performance.

The colleges referred to in this paragraph shall be integrated in the public administration that corresponds, although without participating in the hierarchy, unless so its creation rules establish it, it falls off of their functions or the nature of the College.

3. the development agreement and the rules of functioning of the colleges that handed down decisions that have legal effect against third parties shall be published in bulletin or Gazette of the Administration public in which are integrated. Additionally, the administrations may publish them in others means of broadcasting that ensure their knowledge.

In the case of a collegiate body referred to in paragraph 2 of this article quoted advertising will be held by the Administration where the Presidency.

Article 16. Secretary.

1. the colleges will have a Secretary who shall be a member of the own body or a person in the service of the corresponding public administration.

2 the Secretary shall ensure the formal legality and the actions of the College material, certify the same actions and ensure that the procedures and rules of the Constitution and adoption of agreements are respected.

3. should the Secretary not member is supplemented by a member of the College, this will retain all their rights as such.

Article 17. Calls and sessions.

1. all the colleges you can constitute, convene, celebrate their session, adopt agreements and send records both in person and distance, except that its rules of procedure to pick up express and exceptionally otherwise.

In sessions that held the collegiate distance organs, members can find in different places provided is ensured by electronic means, is also considering such the telephone and audiovisual, the identity of the members or persons that supplement them, the content of its manifestations, the moment in which they are produced, as well as interactivity and intercommunication between them in real time and the availability of the media during the session. Among others, shall be considered included among the valid electronic media, e-mail, the audio conferencing and video conferencing.

2. for the valid Constitution of the body, for the purpose of holding sessions, discussions and decision-making arrangements, will require assistance, face-to-face or distance, of the President and Secretary or in his case, of those who address them, and half, at least, of its members.

In the case of the collegial bodies referred to in article 15(2), the President will be validly constituted organ, for the purposes of session, attend representatives of public administrations and organizations representing interests social members of the body that has been attributed condition spokescouncil.

When those who address them were together again, in person or at distance, the Secretary and all members of the College, or if, these may be validly as College for holding sessions, discussions and adoption of agreements without prior call when all its members so decide.


3. the colleges may establish the regime itself calls, if it is not provided for by its rules of operation. Such a system can provide for a second call and specify the number of members required to validly constitute the authority for this.

Unless not is possible, them calls will be referred to them members of the organ collegiate through media electronic, making recorded in it same the order of the day along with the documentation required for its deliberation when is possible, them conditions in which is goes to celebrate it session, the system of connection and, in its case, them places in that are available them media technical necessary for attend and participate in it meeting.

4. not may be object of deliberation or agreement any affair that not figure included in the order of the day, unless attend all them members of the organ Collegiate and is declared the urgency of the issue by the vote favorable of it most.

5. the agreements shall be adopted by majority of votes. When you attend distance, the agreements shall be adopted in the location with the headquarters the College and, in his absence, where the Presidency is located.

6. when the members of the body to vote against or abstain, they shall be exempt from responsibility which, in his case, may result from agreements.

7. who credited the ownership of an interest legitimate may go is to the Secretary of an organ College for them is issued certification of their agreements. The certification will be issued by electronic means, unless the person concerned expressly state otherwise and has no obligation to interact with administrations in this way.

Article 18. Proceedings.

1. for each session held the College Act will rise by the Secretary, which will necessarily specify attendees, the order of the day of the meeting, the circumstances of place and time that has been held, the main points of the deliberations, as well as the content of the agreements adopted.

Sessions that the College be recorded. The resulting file for the recording, along with the certification issued by the Secretary of the authenticity and integrity of the same, and many documents in electronic form be used as documents of the session, may accompany the minutes of the session, without having to register in the main points of the deliberations.

2. the minutes of each sitting may be approved in the same meeting or at the next immediate. The Clerk shall draw up the minutes with the approval of the President and shall send it by electronic means, to the members of the College, who can state by the same media conformity or objections to the text, for the purpose of their approval, whereas, if so, adopted at the same meeting.

When is had opted by the recording of them sessions held or by the use of documents in support electronic, must keep is so is ensure the integrity and authenticity of them files electronic corresponding and the access to them same from them members of the organ collegiate.

Bodies registered in the General Administration of the State article 2 subsection 19. Regime of them organs Collegiate of the Administration General of the State and of the entities of right public linked or dependent of it.

1. the colleges of the General Administration of the State and entities of public law related or dependent on her, shall be governed by the rules laid down in this article, and forecasts that are established in the law on common administrative procedure of the administrations public on them.

2 will correspond to its President: a) to represent the body.

(b) agree on the convening of the ordinary and extraordinary sessions and the fixing of the agenda, taking into account, where appropriate, requests from other members, provided that they have been made in advance.

(c) presiding over the sessions, moderate the development of those debates and suspend them by causes justified.

(d) settle with your vote them draws, for the purposes of adopt agreements, unless is is of them organs collegiate to is concerns the article 15.2, in which the vote will be casting if so it set its own standards.

(e) ensure compliance with the laws.

(f) endorse the reports and certifications of the agreements of the organ.

(g) to exercise many other functions are inherent to their status as Chairman of the body.

In cases of vacancy, absence, illness, or other legal cause, the President will be replaced by the Vice-President that corresponds, and failing that, by the Member of the College's senior, seniority and age, in this order.

This rule shall not apply to the colleges provided for in article 15.2 on which the regime of substitution of the President must be specifically regulated in each case, or established expressly by agreement of the plenary session of the College.

(3. those members of the organ collegiate must: to) receive, with an advance minimum of two days, it call containing the order of the day of the meetings. The information on the topics listed in the order of the day will be available to members in equal time.

(b) participate in the discussions of the session.

(c) to exercise their right to vote and make your particular vote, as well as express the meaning of their vote and the reasons justifying it. They may not abstain in voting those who because of its quality of authorities or staff in the service of the public administrations, have the status of ex officio members of corporate bodies, under the position they play.

(d) formulate questions and remarks.

(e) the information required to perform the assigned functions.

(f) how many other functions are inherent to their condition.

The members of a collegiate body not may be recognized functions of representation, unless expressly granted them by a rule or agreement validly adopted, for each concrete case, by the own body.

In cases of absence or illness and, in general, when if any just cause, the members of the College shall be replaced by their alternates, if any.

In the case of organs chartered them article 15 referred to representative organizations of social interests may be replaced to its members by others, proving it before the Secretary of the College, with respect to reservations and limitations that their rules of organization.

The members of the organ collegiate not may exercise these functions when if conflict of interest.

4. the designation and cease, as well as the temporary replacement of the Registrar in cases of vacancy, absence or illness will be carried out according to the provisions in each organ-specific rules and, failing that, by the same agreement.

Corresponds to the Secretary of the College: to) attend meetings with voice but without vote, and voting if a member of the same acts as the Secretary of the body.

(b) carry out the convening of the session of the body by order of the President, as well as citations to the members of the same.

(c) receive them acts of communication of the members with the organ, are notifications, requests of data, corrections or any other class of written of which should have knowledge.

(d) prepare the firm's matters, write and authorize the minutes of meetings.

(e) issuing certifications of queries, opinions and resolutions adopted.

(f) how many other functions are inherent to their status as Secretary.

5 the minutes shall contain, at the request of the respective members of the body, vote against the adopted agreement, abstention and the reasons that would justify or the meaning of their vote.

Also, any Member has the right to request the transcript of his speech or proposal in full, provided that, in the absence of the annexed meeting minutes recording, contribution in the Act, or the term to designate the President, the text that corresponds faithfully to his speech, becoming so recorded in the minutes or joining copy to it.

Members who differ from the majority agreement may formulate individual opinion in writing within two days, which will be incorporated into the approved text.

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

Agreements adopted certifications issued prior to the adoption of the Act shall contain expressly this circumstance.

Article 20. Requirements to establish colleges.

1 they are colleges, those who believe formally and are composed of three or more persons, attributed that administrative decision, proposal, advice, monitoring or control functions, and acting integrated into the General Administration of the State or any of its agencies.


2 the establishment of a College in the General Administration of the State and its agencies is indispensable budget determination in its standard of creation or the Convention with other public administrations by which that authority is believed, of the following: to) its aims or objectives.

(b) their administrative integration or hierarchical dependence.

(c) the composition and criteria for the appointment of its Chairman and of the other members.

(d) decision, proposal, report, monitoring or control functions, as well as any other that is attributed to him.

(e) the provision of the necessary funds, where appropriate, to work.

3. the legal regime of the collegial bodies referred to in paragraph 1 of this article shall comply with the rules contained in article 19, without prejudice to the organisational peculiarities contained in this Act or in its standard or Convention of creation.

Article 21. Classification and composition of the colleges.

1 the colleges of the General Administration of the State and its public bodies, their composition, are classified into: to) colleges inter-ministerial, if its members come from different ministries.

(b) corporate bodies, Ministerial, if its components come from the organs of a single Ministry.

2 in the colleges referred to earlier, there may be representatives of other public authorities, when they accept it voluntarily, when a Convention so set it or when determined by a standard applicable to the concerned administrations.

3. in the composition of the collective bodies may participate, when so determined, organizations representing social interests, as well as other members designated by the special conditions of experience or expertise that are in them, in view of the nature of the functions assigned to such bodies.

Article 22. Creation, modification and deletion of colleges.

1 the creation of colleges of the General Administration of the State and its public agencies will only require specific standard, with publication in the «Official Gazette», in cases in which attributed them any of the following powers: to) decision-making powers.

(b) powers of proposal or issuance of mandatory reports that should serve as a basis for decisions of other administrative bodies.

(c) powers of follow-up or control of them performances of other organs of the Administration General of the State.

2. in the cases set forth in the preceding paragraph, the rule of creation must take the form of Royal Decree in the case of the inter-ministerial colleges whose President is senior to the Director-general; Joint ministerial order for the remaining colleges interministerial and ministerial order for the of this character.

3. in all cases not covered by paragraph 1 of this article, the colleges will have the character of groups or working committees and may be created by agreement of the Council of Ministers or by the ministries concerned. Agreements may not have direct effects against third parties.

4. the modification and suppression of the colleges and working commissions of the General Administration of the State and public bodies or groups be held in similarly prepared for its creation, except that it had set a deadline for their extinction, in which case this will occur automatically on the date designated for the purpose.

4th abstention and challenge article 23 section. Abstention.

1. the authorities and the personal to the service of them administrations in who is den some of them circumstances indicated in the paragraph following is refrain of intervene in the procedure and it shall communicate to his top immediate, who will solve it from.

2 the following are reasons for abstention: to) have a personal interest in the topic concerned or another whose resolution could influence of him; Administrator of partnership or entity concerned, or be pending litigation matter with any interested party.

(b) have a marriage or indeed assimilated situation and the relationship of consanguinity within the fourth degree or affinity within the second, with any of the interested parties, administrators of entities or companies concerned and also with advisors, legal representatives or leaders involved in the procedure, as well as share professional office or be associated with these for advice the representation or mandate.

(c) having intimate friendship or enmity manifested with any of the persons mentioned in the preceding paragraph.

(d) have intervened as an expert or witness in the proceeding in question.

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

3 organs hierarchically superiors who are in any of the circumstances mentioned in the previous point may be ordered to refrain from any intervention on the record.

4. the performance of staff in the service of the public administrations and authorities where there are reasons for abstention does not mean, necessarily, and in any case, the invalidity of the acts involved in that.

5. the abstention in cases in which if any of these circumstances give rise to responsibility that comes.

Article 24. Challenge.

1. in the cases provided for in the previous article, you can promote objections by interested parties at any time during the procedure.

2. the challenge will be raised in writing in which is expressed the cause or causes that melts.

3. on the next day the challenged manifest to his immediate superior if it is given or not in the alleged cause. In the first case, if the superior appreciates the concurrence of the cause of disqualification, agree their replacement then.

4. If the challenged denies the cause of objection, superior will resolve within three days, previous reports and checks it deems appropriate.

5 the resolutions adopted in this matter not be against, without prejudice to the possibility of claiming the challenge to the appeal that proceeds against the Act which put an end to the procedure.

CHAPTER III principles of sanctioning article 25. Principle of legality.

1. the sanctioning of public administrations should be exercised when it has been expressly recognized by a standard of legal rank, with the application of the procedure for their exercise and in accordance with provisions in this law and in the law on common administrative procedure of the administrations public and, in the case of local authorities, in accordance with the provisions of title XI of the Act 7/1985 , 2 April.

2. the exercise of the powers to impose penalties corresponds to the administrative organs that have it expressly attributed, by provision of legal or regulatory range.

3. the provisions of this chapter will be extended to the exercise by the public administrations of disciplinary authority on staff at your service, that is the legal nature of the employment relationship.

4. the provisions of this chapter not will be of application to the exercise by them administrations public of the authority sanctioning. with regard to who are linked to them by relations regulated by the legislation of contracts of the sector public or by it legislation heritage of them administrations public.

Article 26. Non-retroactivity.

1 shall apply the sanction provisions in force at the time of the facts which constitute administrative infringement.

2. the sanction provisions will be retroactive insofar as they promote the alleged offender or the offender, both as regards the classification of the infringement as the sanction and its limitation periods, even respect pending compliance with sanctions to come into force the new provision.

Article 27. Principle of typicality.

1. only constitute administrative offences violations of the legal order laid down as such violations by law, without prejudice to Local Administration in Title XI of the Act 7/1985, of 2 April.

Administrative offences shall be classified by the law in minor, serious and very serious.

2 only by the Committee on administrative offences sanctions who, in any case, shall be defined by law may be imposed.

3. the regulations of development may introduce specifications or settings box violations or legally established sanctions that constitute new offences or penalties, or alter the nature or limits that the law has, contribute to the correct identification of behavior or the more accurate determination of appropriate sanctions.

4. defining standards of infringements and sanctions shall not be capable of analog application.

Article 28. Liability.


1. only may be sanctioned by constituent acts of administrative infringement affected groups, individuals and legal entities, as well as, when a law recognized capacity to act, unions and entities without legal personality and assets independent or autonomous, responsible title of malice or negligence resulting.

2. administrative responsibilities arising from the Commission of an offence shall be compatible with the requirement to the offender of the replacement of the situation altered by it to its original state, as well as compensation for the damages caused, which will be determined and required by the organ to which may concern the exercise of powers to impose penalties. Of not meet is it compensation in the term that to the effect is determined depending on its amount, is will proceed in the form planned in the article 101 of the law of the procedure administrative common of them administrations public.

3. when the compliance of an obligation established by a standard with range of law corresponds to several people jointly, will respond of form solidarity of them violations that, in his case, is commit and of them sanctions that are imposed. However, when the punishment is pecuniary and possible it bears in the resolution depending on the degree of involvement of each responsible.

4. them laws regulatory of them different regimes sanctioning may establish as infringement the breach of the obligation of prevent the Commission of offences administrative by who is hallen subject to a relationship of dependence or bonding. Also, they may provide the assumptions that certain individuals will respond of the payment of the fines imposed on those of them who depend on or are linked.

Article 29. Principle of proportionality.

1. administrative sanctions, whether or not pecuniary in nature, in no case may involve, directly or indirectly, deprivation of liberty.

2. the establishment of pecuniary penalties shall provide for the Commission of common infringements may not be more beneficial to the offender that the fulfillment of the violated rules.

3. in it determination normative of the regime sanctioning, as well as in the imposition of sanctions by them administrations public is must observe it due fitness and need of it sanction to impose and its adequacy to the gravity of the made establishing of the infringement. The graduation of the sanction will especially consider the following criteria: a) the degree of culpability or the existence of intentionality.

(b) the continuity or persistence in the behavior infringing.

(c) the nature of the damages caused.

(d) recidivism, by Commission at the end of a year of more than one offence of the same nature as it has been declared by firm administrative resolution.

4. when justifies it proper alignment between the sanction to be applied with the gravity of the fact constitutive of the offence and the attendant circumstances, the body competent to resolve may impose sanction on the lower level.

5. when of the Commission of a violation derive necessarily the Commission of another u others, is must impose only the sanction corresponding to the infringement more serious committed.

6 shall be punishable, as continued infringement, the realization of a plurality of actions or omissions which infringe the same or similar administrative precepts, in execution of a preconceived plan or taking identical opportunity.

Article 30. Prescription.

1. the infringements and sanctions barred pursuant to laws that establish them. If they do not lock limitation periods, very serious offences will prescribe the three years, the major two years and the minor at six months; sanctions imposed for very serious misconduct shall be extinguished after three years, those imposed for serious misconduct after two years, and those imposed for minor misconduct a year.

2. the period of limitation for offences will start counting from the day on which the infringement has been committed. In the case of permanent or continuing infringements, the period shall begin to run since he finished the infringing conduct.

Will interrupt the prescription the initiation, with knowledge of the interested, of a procedure administrative of nature sanctioning, rebooting is the term of prescription if the record sanctioning was paralyzed during more than one month by cause not attributable to the alleged responsible.

3. the period of limitation of the sanctions will start counting from the day following that where the resolution by which the sanction is imposed is executable or elapsed time to resort it.

Interrupt prescription initiation, with knowledge of the person concerned, of the procedure of execution, returning to spend the time if one is stalled for more than one month for reasons not imputable to the offender.

In the case of alleged rejection of the appeal lodged against the decision by which the sanction is imposed, the period of limitation of the sanction will start counting from the day following that which ends the legal deadline for the resolution of this appeal.

Article 31. Concurrence of sanctions.

1 They may not punished the facts that it have been criminal or administratively, in cases in which to appreciate the subject's identity, made and rationale.

2. when a body of the European Union had imposed a penalty on the same facts, and whenever not concur the identity of subject and Foundation, the body competent to solve must take it into account for purposes of graduation which, if any, should impose, and may lower it, without prejudice to declare the Commission of the offence.

CHAPTER IV of the liability of public authorities section 1 the public authorities article 32 liability. Principles of liability.

1. individuals are entitled to be compensated by the corresponding Government, of any injuries suffering in any of their property and rights, provided that the injury is a consequence of the normal or abnormal functioning of public services except in cases of force majeure or for damages that the individual has the duty to legal support in accordance with the law.

The administrative or cancellation by the contentious administrative jurisdictional order of acts or administrative provisions presupposes not, by itself, right to compensation.

2. in any case, the damage alleged must be effective, measurable economically and individualized in relation to a person or group of persons.

3. also, them particular will have right to be indemnified by the administrations public of all injury that suffer in their goods and rights as consequence of the application of acts legislative of nature not expropriation of rights that not have the duty legal of support when so is set in them own acts legislative and in them terms that in them is specify.

The responsibility of the State legislator may also arise in the following cases, provided that the requirements laid down in the preceding paragraphs: to) when damages arise from the application of a standard range of law declared unconstitutional, provided that the requirements of paragraph 4.

(b) when the damage derived from the application of a rule contrary to the law of the European Union, in accordance with paragraph 5.

4. If the injury is a consequence of the application of a standard range of law declared unconstitutional, will proceed its compensation when the individual has been obtained, in any instance, rejecting judgment of an appeal against the administrative act that caused the damage, provided that it had been alleged subsequently declared unconstitutional.

5. If the injury is a consequence of the application of a rule declared contrary to the law of the European Union, will proceed its compensation when the individual has been obtained, in any instance, rejecting judgment of an appeal against the administrative action that caused the damage, provided that it had alleged the violation of the law of the European Union later declared. In addition, all of the following requirements must be met: to) the standard must be intended to confer rights to individuals.

(b) the breach must be sufficiently characterized.

(c) must be a direct causal relationship between the breach of the obligation imposed on the responsible administration by the law of the European Union and the damage sustained by the individuals.

6. the sentence that declare it unconstitutionality of it standard with range of law or declare the character of standard contrary to the right of the Union European will produce effects from the date of its publication in the «newsletter official of the State» or in the «daily official of the Union European», according to the case, unless in she is set another thing.

7. the liability heritage of the State by the operation of the administration of Justice is governed by the law organic 6 / 1985, of 1 of July, of the power Judicial.

8. the Council of Ministers shall determine the amount of compensation that comes when the Constitutional Court declared the existence of abnormal performance in the application of the remedies of amparo or unconstitutionality issues at the request of an interested party, to pay.


The procedure for determining the amount of compensation will be processed by the Ministry of Justice, with the audience to the Council of State.

9. follow the procedure laid down in the common administrative procedure of the administrations public law to determine the liability of public administrations for the damages caused to third parties during the execution of contracts when they are the result of an immediate and direct order of the administration or of the vices of the draft prepared by herself without prejudice to the specialties that , in his case set the Real Decree legislative 3 / 2011, from 14 of November, by which is approves the text consolidated of the law of contracts of the Sector public.

Article 33. Concurrent liability of public administrations.

1. Whenever under management of joint action between several public administrations formulas derived responsibility in the terms provided in this law, the involved administrations will respond against the individual, in any case, of solidarity. The regulatory legal instrument of joint action may determine the distribution of responsibility between the different public administrations.

2. in other cases of concurrence of several administrations in terms of damage, the responsibility will be administered according to the criteria of competence, protected public interest and intensity of the intervention. Responsibility will be solidarity when it is not possible that determination.

3. in the cases provided for in the first paragraph, the competent authority to initiate, instruct and resolve procedures where there is a concurrent responsibility of several public administrations, will be specified in the statutes or rules of the collegiate organization. In his default, the competition will come attributed to the Administration public with greater participation in the funding of the service.

4. When is try of procedures in matter of responsibility heritage, it administration public competent to which is concerns the paragraph previous, must consult to them remaining administrations involved so, in the term of fifteen days, these can expose as consider coming.

Article 34. Compensation.

1. only shall be compensable injuries from individual for damages that do not have the duty to legal support in accordance with the law. Not will be compensable them damage that is derived of made or circumstances that not is had could foresee or avoid according to the State of them knowledge of the science or of the technical existing in the time of production of those, all this without prejudice of them benefits welfare or economic that them laws may establish for these cases.

In them cases of responsibility heritage to which is refers them paragraphs 4 and 5 of the article 32, will be compensable them damage produced in the term of them five years previous to the date of the publication of the sentence that declare the unconstitutionality of it standard with range of law or the character of standard contrary to the right of it Union European except that the sentence otherwise.

2. the compensation is calculated with arrangement to them criteria of assessment established in the legislation fiscal, of expropriation forced and others standards applicable, pondering is, in his case, them ratings predominant in the market. In cases of death or bodily injury assessment included in the norms of the current legislation on compulsory insurance and Social Security may be taken as a reference.

3. the amount of the compensation is calculated with reference to the day in that it injury effectively is produced, without prejudice of its update to it date in that is put end to the procedure of responsibility with arrangement to the index of warranty of it competitiveness, set by the Institute national of statistics, and of them interests that come by takes in the payment of it compensation set , which will be required pursuant to the provisions in the Law 47/2003, of 26 November, General budget, or, if applicable, to the budgetary rules of the autonomous communities.

4. the indemnity may be replaced by compensation in kind or be paid by periodic payments, when it is most appropriate to achieve the proper repair and appropriate to the public interest, provided that there is agreement with the interested party.

Article 35. Responsibility of law private.

When public administrations acting directly or through an entity of private law, in Affairs of this nature, its responsibility shall be required in accordance with the provisions of sections 32 and following, even when concur with subjects of private law or responsibility are required directly to the entity of private law through which act the administration or the entity that covers your liability.

Section 2nd responsibility of the authorities and staff to the service of the administrations public article 36. Requirement of equity from the authorities and personal responsibility in the service of the public administrations.

1. in order to make effective the liability referred to in this law, individuals shall require directly corresponding government compensation for the damages caused by the authorities and staff at your service.

2. the corresponding administration, when any Indemnified the injured, require ex officio in administrative channels of its authorities and other staff at your service the responsibility that had been incurred by fraud, or serious fault or negligence, upon instruction of the corresponding procedure.

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

3. Likewise, the Administration instruct same procedure authorities and other personnel at your service for damages caused on its property or rights when had frequented fraud, or serious fault or negligence.

4 the procedure for the requirement of the responsibility he referred to in paragraphs 2 and 3, it shall be completed in accordance with the law of common administrative procedure of the administrations public and will start by agreement of the competent authority which shall be notified to those concerned and that will consist, at least, the following formalities: to) claims during a period of fifteen days.

(b) practice of the admitted evidence and any other competent body deems appropriate for a period of fifteen days.

(c) hearing for a period of ten days.

(d) formulation of the draft resolution within a period of five days from the completion of the hearing process.

(e) resolution by a competent authority within the period of five days.

5. the resolution Declaration of responsibility will put end to it via administrative.

6. the provisions of the preceding paragraphs, shall be without prejudice of passing, if necessary, both of guilt to the competent courts.

Article 37. Criminal responsibility.

1. the criminal responsibility of the staff at the service of the public administrations, as well as the civil liability for the offence shall be required in accordance with the relevant legislation.

2. the requirement of criminal liability of the staff at the service of the public administrations not suspend the procedures of recognition of liability is disposal, unless the determination of the facts in the criminal court order is required for fixation of the liability.

CHAPTER V electronic operation of the public sector article 38. The electronic office.

1. the electronic office is that address electronic, available to citizens through telecommunications networks, whose ownership corresponds to a public administration, or to one or several public bodies or entities of public law in the exercise of its powers.

2. the establishment of an electronic site entails the liability of the rightholder with respect to the integrity, veracity and updating of the information and services that can be accessed through the same.

3. each public administration shall determine the conditions and instruments of creation of the electronic sites, subject to the principles of transparency, publicity, responsibility, quality, safety, availability, accessibility, neutrality and interoperability. In any case, must ensure the identification of the holder body's headquarters, as well as the resources available to the formulation of suggestions and complaints.

4. the electronic venues will benefit from systems that allow the establishment of secure communications, provided that they are necessary.

5. the publication in the electronic venues of information, services and transactions will respect the principles of accessibility and use in accordance with the rules laid down in this regard, and open standards, where appropriate, that are used widely by the citizens.

6. the electronic venues will be used, to identify and ensure reliable communication with them, certified recognized or qualified web site authentication or half equivalent.

Article 39. Internet portal.


Internet portal means the point of electronic access whose ownership corresponds to public administration, public body or entity of public law that allows access through the internet to the information published and, where appropriate, to the relevant electronic seat.

Article 40. Identification of public administration systems.

1. public administrations may be identified through the use of an electronic stamp based on an electronic certificate recognized or qualified to meet the requirements of the legislation of electronic signature. These electronic certificates will include the number, tax ID and the corresponding designation, as well as, where appropriate, the identity of the holder in the case of electronic seals of administrative bodies. The relationship of electronic seals used by each public administration, including the characteristics of electronic certificates and lenders who issued them, must be public and accessible by electronic means. In addition, each public administration shall take appropriate measures to facilitate the verification of its electronic seals.

2 means identified public administration with respect to the information that is published as his own in its internet portal.

Article 41. Automated administrative action.

1 it means automated administrative action, any act or action performed entirely by electronic means by a public administration in the framework of an administrative procedure and that a public employee has not intervened directly.

2. in case of performance administrative automated must establish is previously the organ u organs competent, according to them cases, for the definition of them specifications, programming, maintenance, monitoring and control of quality and, in his case, audit of the system of information and of its code source. Also, indicate the body that should be held responsible for the purpose of contesting.

Article 42. Signature for automated administrative action systems.

In the exercise of jurisdiction in the automated administrative action, each public administration may determine the cases of use of the following electronic signature systems: to) electronic stamp of public administration, organ, public organization or entity of public law, based on recognized or qualified electronic certificate that meets the requirements of the legislation of electronic signature.

(b) secure verification code linked to public administration, organ, public organization or entity of public law, in the terms and conditions established, allowing verification of the integrity of the document through access to the relevant electronic seat in any case.

Article 43. Electronic signature of the staff at the service of the public administrations.

1. without prejudice of it planned in them articles 38, 41 and 42, the performance of a management public, organ, organism public or entity of right public, when use media electronic, is held by signature electronic of the holder of the organ or employee public.

2. each public administration will determine the systems of electronic signature that must use its staff, which may identify jointly the incumbent of the post from work or charge and the administration or organ in which provides its services. For reasons of public safety systems electronic signature may refer only the professional public employee identification number.

Article 44. Electronic exchange of data in closed communication environments.

1. the electronic documents transmitted in closed environments of communication established between Governments, organs, agencies and entities of public law, will be considered valid for the purposes of authentication and identification of senders and recipients on the conditions laid down in this article.

2. when communications participants belong to a same public administration, this will determine the conditions and guarantees that will be governed, at least, he will understand the relationship between senders and recipients authorized and the nature of the data to Exchange.

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

4. in any case must ensure the safety of the closed environment of communications and the protection of the data transmitted.

Article 45. Assurance and interoperability of the signed electronic.

1. public authorities may determine the paperwork and reports that include recognized electronic signature or qualified and advanced based on electronic certificates recognized or qualified electronic signature.

2. with the aim of promoting interoperability and enable the automatic verification of the electronic signature for electronic documents, when an administration use electronic signature systems other than those based on electronic certificate recognized or qualified, to send or make available to other organs, agencies, entities of public law or administration documentation electronically, signed may overlap an electronic seal, a certificate-based electronic recognized or qualified.

Article 46. Electronic archiving of documents.

1. all documents used in administrative actions will be stored by electronic means, except when not possible.

2 electronic documents that contain administrative acts which affect the rights or interests of individuals shall be kept in such stands, either in the same format from which the document originated or in any other that will ensure the identity and integrity of the information needed to reproduce it. Make sure in any case the possibility of transferring data to other formats and supports that ensure access from different applications.

3. the media or media in which are stored documents, must have security measures, in accordance with the provisions of the national security scheme, that ensure the integrity, authenticity, confidentiality, quality, protection and conservation of the stored documents. In particular, they will ensure the identification of users and access control, compliance with the guarantees provided for in the legislation of data protection, as well as the recovery and long-term preservation of electronic documents produced by public administrations which so require, in accordance with the specifications on the lifecycle of the services and systems used.

CHAPTER VI article 47 conventions. Definition and types of agreements.

1. are agreements agreements with adopted legal effects by public administrations, public bodies and public-law entities linked or dependent or public universities among themselves or with subjects of law private for a common purpose.

They have no consideration of agreements, the General performance protocols or similar instruments that behave mere declarations of intent of general content or who express the will of the authorities and parties subscribing to act with a common objective, provided that they do not pose the formalization of specific and enforceable legal commitments.

Agreements may not have intended performance of contracts. If so, their nature and legal regime is set to as provided for in the law of contracts in the public sector.

2 agreements which agreed public administrations, public bodies and entities of public law related or dependent and public universities, should correspond to one of the following types: a) inter-administrative agreements between two or more Governments, or between two or more public agencies or entities of public law linked or dependent on different public administrations , and which may include the use of media, services and resources from other public administration, public body or entity of public law related or dependent, for the exercise of own or delegated powers.

The inter-administrative agreements between two or more autonomous communities for the management and delivery of services of the same, which shall be governed as to their assumptions, requirements, and terms as provided in their respective statutes of autonomy are excluded.

(b) conventions intradministrativos signed between public bodies and entities of public law related or dependent of the same public administration.

(c) agreements between a public administration or body or entity of public law and a subject of private law.

(d) not constitutive of international treaty, international agreement administrative or non-normative international agreement, signed agreements between public administrations and bodies, public bodies or entities of a subject of international law, which shall be subject to the domestic legal order governing the parties.

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


1. public authorities, their public bodies and entities of public law related or dependent and public universities, in the field of their respective competencies, can sign agreements with subjects of public and private law, without that it may lead to transfer of ownership of the competition.

2. in the scope of the General Administration of the State and its public agencies and entities of public law related or dependent, the holders of the various ministerial departments and Presidents or directors of these entities and public organizations may conclude conventions.

3. the subscription of agreements must improve the efficiency of public management, facilitate the use joint media and public services, contributing to the realization of activities of public interest and comply with the law of budgetary stability and financial sustainability.

4. Management, justification and rest of proceedings related costs of agreements involving financial commitments for public administration or any of its agencies or entities of public law related or dependent that subscribe to it, as well as with the funds committed under these conventions, shall comply with provisions of the budget legislation.

5. the agreements that include financial commitments must be financially sustainable, and those who sign them have the capability to finance the assumed during the term of the agreement.

6. the financial contributions that commit themselves to perform the signatories may not be higher than the costs arising from the implementation of the Convention.

7. when the Convention instrumente a grant it must comply with the provisions in law 38/2003 of 17 November, General grant and the autonomic regulation of development which, if necessary, applies.

Also when the Convention is intended to the delegation of powers in a Local entity, shall comply with the provisions in Act 7/1985, of 2 April, regulator of the Bases of the Local regime.

8. the conventions are perfected by delivery of the consent of the parties.

The agreements signed by the General Administration of the State or any of its agencies or public law bodies linked or dependent will be effective once enrolled in the electronic register State organs and instruments of cooperation of the State public sector, referred to in the seventh additional provision and published in the «Official Gazette». Previously and on an optional basis, they may be published in the official bulletin of the autonomous region or province, which corresponds to the other signatory administration.

9. the rules of this chapter shall not apply to the charges of management and conventional completion of administrative agreements.

Article 49. Content of the agreements.

The agreements referred to in paragraph 1 of the preceding article shall contain, at least, the following matters: to) subjects that align themselves with the Convention and the legal capacity with which each of the parties acts.

(b) competition in which is based the actions of the public administration, public bodies and entities of public law related or dependent thereof or public universities.

(c) object of the Convention and actions to be performed by each subject to compliance, indicating, where appropriate, the ownership of the results.

(d) obligations and financial commitments assumed by each of the parties, if any, indicating their temporal distribution by annuities and its specific allocation to the budget in accordance with the budgetary legislation.

(e) applicable consequences in case of non-compliance with the obligations and commitments entered into by each of the parties and, where appropriate, the criteria for determining possible compensation for the breach.

(f) mechanisms of monitoring, surveillance and control of the implementation of the Convention and the commitments made by the signatories. This mechanism will solve them problems of interpretation and compliance that can raise is with regard to the conventions.

(g) the modification of the Convention regime. In the absence of express regulation modifying the content of the Convention will require unanimous agreement of the signatories.

(h) period of validity of the Convention taking into account the following rules: 1 the conventions should have a fixed term, which shall not exceed four years, unless a longer term than is normatively expected.

2nd at any time before the expiry of the period provided for in the preceding paragraph, the signatories of the Convention may unanimously agree its extension for a period of up to four additional years or extinction.

In the case of agreements signed by the General Administration of the State or any of its agencies and entities of public law related or dependent, this extension must be communicated to the State electronic record of organs and instruments of cooperation referred to in the seventh additional provision.

Article 50. Mandatory procedures for the signing of conventions and their effects.

1. without prejudice to the specialties that the autonomous legislation may provide for, it will be necessary that the Convention is accompanied by a supporting memory where you analyze your need and opportunity, its economic impact, the non-contractual nature of the activity in question as well as the fulfilment of the provisions of this law.

2 the conventions endorsed the General Administration of the State or its public bodies and entities of public law related or dependent shall be accompanied in addition to: to) the report from its legal service. It is not necessary to request this report when the Convention is set to a standard reported previously by the legal service that corresponds.

(b) any other mandatory report that establishes the regulations applicable.

(c) the prior authorization of the Ministry of finance and public administration for his signature, modification, extension and resolution by mutual agreement between the parties.

(d) when the multi-year agreements signed between public authorities include contributions from the State funds to finance actions to run exclusively by other public administration and the State assumes, in the scope of their powers, the commitments to third parties, the contribution of the State of future annuities will be conditioned on the existence of credit in the corresponding budgets.

(e) the inter-administrative agreements signed with the autonomous communities, should be submitted to the Senate by the Ministry of finance and public administration.

Article 51. Termination of agreements.

1. the agreements are extinguished by compliance actions that constitute its object or incur in cause of resolution.

2 are causes of resolution: to) during the term of the agreement without have been agreed the extension of the same.

(b) the unanimous agreement of all the signatories.

(c) failure to comply with the obligations and commitments entered into by any of the signatories.

In this case, any of the parties may notify to it part defaulting a requirement so meets in a determined term with them obligations or commitments that is considered unfulfilled. This requirement will be communicated to the responsible of the mechanism of monitoring, surveillance and control of the execution of the Convention and to them others parties signatory.

If after the term indicated in the requirement persists the breach, the part that it directed will notify to them parts signing the concurrency of the cause of resolution and is means determined the Convention. Resolution of the Convention for this reason may entail compensation for the damages it been so anticipated.

(d) by court decision, Declaration of the nullity of the agreement.

(e) for any other than the above reason provided for in the Convention or in other laws.

Article 52. Effect of termination of the agreements.

1. compliance and resolution of the agreements will result in the liquidation of the same in order to determine the obligations and commitments of each of the parties.

2 in the case of conventions which derived financial commitments, are understood to be fulfilled when its object is carried out in the terms and to the satisfaction of both parties, in accordance with their respective competencies, taking into account the following rules: a) if the settlement proves that the amount of actions executed by one of the parties was less than the funds it had received from the rest of parties to the Convention to finance the implementation that must reintegrate these excess that corresponds to each one, within a maximum period of one month since the settlement been approved.

After the maximum period of a month, mentioned in the previous paragraph, without having the reinstatement, will be charged to those parties, also within a month from that time, the interest on arrears applicable to said reinstatement, which will in any case resulting from the provisions of general regulatory spending and the economic and financial activity of the public sector.


(b) if it is higher, other parts of the Convention, within a month since the adoption of the settlement, must pay to the part concerned the difference that corresponds to each of them, with the maximum limit of the amounts that would have each pledged to contribute under the Convention. In any case the parties to the Convention shall have the right to demand any amount exceeding the above-mentioned thresholds from the rest.

(3. However it previous, if when concur any of them causes of resolution of the Convention there are performances in course of execution, them parts, to proposed of the Commission of tracking, surveillance and control of the Convention or, in its defect, of the responsible of the mechanism to makes reference the letter f) of the article 49, may agree it continued and completion of them performances in course that consider appropriate , establishing a term extended for its completion, elapsed which must perform is the liquidation of the same in them terms established in the paragraph previous.

Article 53. Remission of agreements to the Court of Auditors.

1. inside of the three months following the signing of any agreement whose economic commitments exceed 600,000 euros, these must be sent electronically to the Court of Auditors or the external control of the autonomous body, as appropriate.

2. also they shall inform the Court of Auditors or the external control of the autonomous body, as appropriate, modifications, extensions or variations of deadlines, alteration of the amounts of economic commitments and the extinction of the listed conventions.

3 in the preceding paragraphs shall be without prejudice to the powers of the Court of Auditors or, where appropriate, the corresponding external oversight bodies of the autonomous communities, to claim all data, documents and records it deems appropriate with regard to contracts of any nature and amount.

TITLE I Directors General of the State CHAPTER I Organization Administrative article 54. Principles and skills of organization and functioning of the Administration General of the State.

1. the Administration General of the State acts and is organized in accordance with the principles established in the article 3, as well as them of decentralization functional and deconcentration functional and territorial.

2. them skills in matter of organization administrative, regime of personal, procedures and inspection of services, not attributed specifically according to a law to any other organ of the Administration General of the State, or to the Government, correspond to the Ministry of Hacienda and administrations public.

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 ministerial departments functional division and territorial management integrated in government delegations in the autonomous communities, subject to the exceptions provided for in this Act.

2 the General State administration includes: to) the Central Organization, comprising ministries and common services.

(b) the Organization land.

(c) the General Administration of the State abroad.

3 in the central organization are superior organs and governing bodies: to) higher bodies: 1st Ministers.

2nd the Secretaries of State.

(b) governing bodies: 1 the under-secretaries and Secretaries General.

2. Technical Secretaries-General and Directors-General.

3rd the Assistant Directors General.

4. in the territorial organization of the General Administration of the State are executive bodies both the delegates of the Government in the autonomous communities, who will have the rank of Deputy Secretary, and the Government's sub-delegates in the provinces, which will have level of Assistant Director-general.

5. in the General Administration of the State abroad are directing bodies the ambassadors and permanent representatives to international organizations.

6. them organs upper and managers have also the condition of high charge, except them vice-principals General and assimilated, in accordance with it planned in the law 3 / 2015, of 30 of March, regulatory of the exercise of the high charge of the Administration General of the State.

7. all other organs of the General Administration of the State are under dependence or direction of a superior or executive body.

8. the statutes of them bodies public will determine their respective bodies managers.

9 corresponds to the higher bodies establish plans of action of the situated organization under its responsibility and executive bodies their development and implementation.

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

11 without prejudice to provisions of law 3/2015, of 30 March, regulating the exercise of the high office of the General Administration of the State, holders of the higher bodies and managers are appointed, according to criteria of professional competence and experience, in the way established in this law, being applicable to the performance of their duties: to) professional responsibility personal and direct management developed.

(b) subject to the monitoring and evaluation of the management by the competent superior or executive body, without prejudice to the established by the General Law on budgetary control.

Article 56. Basic organizational elements.

1. the administrative units are the basic organizational elements of organizational structures. The units include jobs or endowments template functionally linked by reason of their duties and organically by a common leadership. There may be complex administrative units, which group together two or more smaller units.

2. the heads of administrative units are responsible for the correct operation of the unit and the proper performance of the tasks assigned to it.

3 administrative units are established through the relations of jobs, which will be adopted in accordance with its specific regulation, and are integrated into a particular organ.

CHAPTER II the ministries and its internal structure article 57. The ministries.

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

2. the Organization in ministerial departments does not preclude the existence of superior or executive bodies or public bodies not embedded or dependent, respectively, in the structure of the Ministry that exceptionally signatory directly to the Minister.

3. the determination of the number, the denomination and the respective area of competence of ministries and secretariats of State are established by Royal Decree of the President of the Government.

Article 58. Organization internal of the ministries.

1. within the ministries there may be Secretaries of State, and General Secretary, for the management of a sector of administrative activity. Of them depend on the governing bodies that are signatory to hierarchically.

2. the ministries will have, in any case, a Secretary, and depending on it a General technical secretariat, for the management of common services provided for in this title.

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

4. the Directorates-General are organized into general sub-directorates for the distribution of competences entrusted to those, the activities that they own and the allocation of objectives and responsibilities. Without limiting the foregoing, General sub-directorates may be ascribed directly to other executive bodies of higher level or governing bodies of the Ministry.

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

1. the secretariats, General Secretaries, Secretaries General techniques, the Directorates-General, General sub-directorates, and bodies similar to the above are created, modified and deleted by Royal Decree of the Council of Ministers, on the initiative of the interested Minister and on the proposal of the Minister of finance and public administration.

2 lower level bodies to Subdirectorate-General are created, modified and deleted by order of the respective Minister, prior authorisation of the Minister of finance and public administration.

3. the units that not have the consideration of organs is create, modify and suppress through them relations of positions of work.

Article 60. Management hierarchical of those organs Ministerial.

1. the Ministers are the heads upper of the Department and upper hierarchical direct of them Secretaries of State and undersecretaries.

2. them organs managers depend on of any of them earlier and are ordered hierarchically between itself of the following form: Undersecretary, Director general and Deputy Director general.

The Secretaries General have category of Undersecretary and the Secretaries General technical have category of Director general.

Article 61. The Ministers.


The Ministers, as holders of the Department on which exercise their competence, directed the administrative sectors integrated into his Ministry, and responsibility inherent to that address. To this end, the following functions to correspond: to) exercise regulatory powers in matters of his Department.

(b) set the objectives of the Ministry, approve the plans of action of the same, and allocate the necessary resources for their execution, within the limits of the corresponding budgetary appropriations.

(c) approve the proposals of the States of the Ministry, and the budgets of public organizations dependent expenses and refer them to the Ministry of finance and public administration.

(d) determine and, in his case, propose it organization internal of your Ministry, in accordance with the competencies that you attributed this law.

(e) evaluate the realization of the plans of action of the Ministry by the governing bodies and executive bodies and exercise control over efficiency with respect to the performance of these bodies and dependent public bodies, without prejudice to the provisions in the Law 47/2003, of 26 November, General budget.

(f) to appoint and separate to the heads of executive bodies of the Ministry and of public bodies or public law entity dependent on the same, when competition is not attributed to the Council of Ministers to another organ or the body itself, as well as raise him proposals for appointments that are you reserved of directing bodies of the Ministry and the dependent of the same public bodies.

(g) authorize service committees entitled to compensation for exact amount for officials dependent on the Minister.

(h) to maintain relations with the autonomous communities, and convene sectoral conferences and bodies for cooperation in the field of competences attributed to his Department.

(i) directing the actions of the holders of senior and managerial bodies of the Ministry, providing them with specific instructions and delegate them own powers.

(j) to review ex officio the administrative acts and solve conflicts of powers when it corresponds to them, as well as raise that come with other ministries.

(k) held in the scope of their competence, contracts and agreements, without prejudice to the authorization of the Council of Ministers when it is mandatory.

(l) manage them credits for expenses of them budgets of the Ministry, approve and commit them expenses that not are of the competition of the Council of Ministers, approve them modifications budget that are of its competition, recognize them obligations economic and propose its payment in the frame of the plan of disposal of funds of the treasure public, as well as set them limits below which these skills correspond , in their respective field, to the Secretaries of State and Undersecretary of the Department. The Minister shall raise the Council of Ministers for approval, any budgetary changes which are within the competence of this.

(m) decide on the representation of the Ministry in the collegiate bodies or working groups where the holder of the superior or executive body that should represent the Department is not predetermined.

n) send the necessary documentation to your Department for the elaboration of the General account of the State, in the terms provided in the Law 47/2003, 26 November.

(n) resolve the administrative resources and declare the prejudicial effect of the administrative actions when appropriate.

(o) grant awards and rewards from the Department and propose where appropriate according to their regulations.

p) grant subsidies and funds charged to appropriations for expenditure of the Department, as well as setting the limits below which may be granted by the Secretaries of State or the Secretary of the Department.

(q) propose and implement, within the scope of its competence, the employment plans of the Department and public bodies of the dependent.

(r) change of positions of labor relations in cases in which this competition is associate in its own Department or to propose to the Ministry of finance and public administration falling within competence of the latter.

(s) impose the penalty of separation from service for very serious misconduct.

(t) to exercise many other competencies attributed them laws, the rules of organization and functioning of the Government and other provisions.

Article 62. The Secretaries of State.

1. the Secretaries of State are directly responsible for the implementation of the action of the Government in a specific industry.

Also, they can represent by express delegation of their respective Ministers in matters within its competence, including those with international projection, notwithstanding, in any case, the rules that govern the relations of Spain with other States and with international organizations.

2. the Secretaries of State direct and coordinate the secretariats and the DGs under its dependence, and respond to the Minister of the implementation of the objectives set for the Secretary of State. For this purpose corresponds them: to) exercise the powers on the assigned sector of administrative activity that qualification standard of establishment of the body or the Minister to delegate them and play the external relationships of the Secretariat of State, except in the cases legally reserved to the Minister.

(b) exercise the powers inherent in its responsibility to address and, in particular, to promote the achievement of the objectives and the implementation of projects in your organization, controlling compliance, monitoring the activity of the affiliated governing bodies and giving instructions to their owners.

(c) appoint and separate the General Assistant of the Secretary of State.

(d) maintaining relations with the organs of the autonomous communities competent by reason of the matter.

(e) the authorization to hire the autonomous bodies attached to the Secretariat of State, above an amount determined according to the provisions of the third transitional provision of Royal Decree 3/2011, from 14 November by which it approves the text revised the law of contracts of Public Sector.

(f) authorize service committees entitled to compensation for exact amount for dependent on the Secretariat of State officials.

(g) enter into contracts relating to Affairs of his Secretary of State and the conventions not reserved to the Minister that jurisdiction, without prejudice to the authorization when it is mandatory.

(h) grant subsidies and funds charged to appropriations for expenditure of the Secretary of State, within the limits established by the holder of the Department.

(i) resolve resources that will stand against the resolutions of the governing bodies which depend directly on it and whose acts not exhausted administrative remedies, as well as conflicts of powers arising between those bodies.

(j) administer funds for expenditure in the budgets of the Ministry by its matter of Secretary of State, approve budget changes them, approve and commit expenditure charged to those credits and recognize the economic obligations and propose its payment in the framework of the plan of disposition of funds in the Treasury. All within the amount which, if necessary, set the Minister to the effect and provided that such acts are not competence of the Council of Ministers.

(k) any other powers that them by the legislation in force.

Article 63. The undersecretaries.

1 the undersecretaries flaunt the ordinary representation of the Ministry, direct common services, exercise powers corresponding to these common services and, in any case, the following: a) to the higher bodies in the planning of the activity of the Ministry, support through technical advice.

(b) assist the Minister in control of efficiency of the Ministry and its agencies.

(c) establish programmes of inspection of the services of the Ministry, as well as determine the precise actions for the improvement of the systems of planning, management and organization and rationalization and simplification of the procedures and methods of work, within the framework defined by the Ministry of finance and public administration.

(d) propose measures of organization of the Ministry and directing the operation of common services through instructions or service orders.

(e) assist the governing bodies on relations of jobs, plans on employment and policy of managers of the Ministry and its agencies, as well as in the elaboration, implementation and monitoring of budgets and the planning of information and communication systems.

(f) perform superior Chief of staff of the Department.

(g) be responsible for the legal advice to the Minister on the development of the functions that correspond to this and, in particular, in the exercise of its regulatory powers and in the production of the administrative acts within the competence of that, as well as the other bodies of the Ministry.

In the same terms of the preceding paragraph, report proposals or projects of norms and acts of other ministries, where applicable by law.


For such purposes, the Undersecretary will be responsible for coordinating corresponding activities within the Ministry and in relation to other ministries which have to intervene in the procedure.

(h) exercise the powers of direction, momentum and supervision of the technical General Secretariat and remaining executive bodies which are directly dependent on it.

(i) administer credits for expenses of the Undersecretary the Ministry by its matter budgets, approve budget changes them, approve and commit expenditure charged to those credits and recognize economic obligations and propose its payment in the framework of the plan of disposition of funds in the Treasury. All within the amount which, if necessary, set the Minister to the effect and provided that such acts are not competence of the Council of Ministers.

(j) grant subsidies and aid with spending appropriations of the Ministry within the limits established by the holder of the Department.

(k) request involvement or lease of real estate necessary for the fulfilment of the purposes of the services in charge of the Department of the Ministry of finance and public administration.

(l) name and cesar vice-principals and assimilated dependents of the Secretariat, staff of appointees and the temporary personnel of the Department.

(m) convening and resolving selective checks of staff officer and labor.

(n) convene and resolve the contests of personal civil servant.

(n) to exercise the disciplinary power of the staff of the Department for serious or very serious misconduct except for the separation of the service.

(o) adopt and promote, under the direction of the Minister, the measures to centralized management of human resources and material resources in the field of its Ministerial Department.

(p) authorize service committees entitled to compensation for exact amount for officials dependent on the Under-Secretary.

(q) any others that are inherent in the common services of the Ministry and the ordinary representation of the same and which attributed them to the legislation in force.

2. the Secretary 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 services of the departments in relation to the area of the Presidency of the Government.

3. the Assistant Secretaries shall be appointed or separated by Royal Decree of the Council of Ministers on a proposal from the head of the Ministry.

Appointments must be made between officials of the career of the State, the autonomous communities or entities local, belonging to the subgroup A1, referred to in article 76 of the law 7/2007, of 12 April, which approves the Basic Statute of the public employee. In all case, be of meet them requirements of fitness established in the law 3 / 2015, of 30 of March, regulatory of the exercise of the high charge of the Administration General of the State.

Article 64. The General Secretaries.

1. when the rules governing the structure of a Ministry provide for the existence of a general Secretary, shall determine competencies that apply on a particular sector of administrative activity.

(2 Secretaries General exercised the powers inherent in its responsibility to address on the dependent bodies, referred to in article 62(2). b), as well as all those that expressly assign you the Royal Decree of the Ministry structure.

3. the Secretary General with rank of Deputy Minister, will be appointed and separated by Royal Decree of the Council of Ministers, on a proposal from the head of the Ministry or the Prime Minister.

Appointments shall be made between people with qualifications and experience in the performance of senior positions in the public or private management. In any case, they must meet the suitability requirements established by law 3/2015, 30 March, regulating the exercise of the high charge of the General Administration of the State.

Article 65. Technical Secretaries-General.

1. them Secretaries General technical, low the immediate dependence of the Undersecretary, will have them competences on services common that les attributed the Real Decree of structure of the Department and, in all case, them relating to production regulations, assistance legal and publications.

2. the technical Secretaries-General for all purposes have the status of General Manager and exerted on their bodies under the powers conferred on the Court by the following article.

3. the technical Secretaries-General shall be appointed or separated by Royal Decree of the Council of Ministers on a proposal from the head of the Ministry.

Appointments shall be made between the career of the State, the autonomous communities or the entities belonging to the subgroup A1, referred to in article 76 of the law 7/2007, of 12 April, local. In any case, they must meet the suitability requirements established by law 3/2015, 30 March, regulating the exercise of high charge of the General Administration of the State.

Article 66. The Directors-General.

1. the Directors-General are the holders of the executive bodies responsible for the management of one or more functionally homogeneous areas of the Ministry. A_tal_efecto, corresponds les: to) propose projects of its general direction to achieve the objectives set by the Minister, direct execution and control proper compliance.

b) exercise the powers conferred on the general direction and which will be decentralized or delegated.

(c) propose, in the remaining cases, the Minister or the head of the body which belongs, the resolution deemed from the issues that affect the governing body.

(d) promote and monitor activities that form part of the ordinary management of the governing body and ensure the functioning of organs and dependent units and personnel integrated in them.

(e) the other powers which confer you the laws and regulations.

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

Appointments must be made between officials of the career of the State, the autonomous communities or entities local, belonging to the subgroup A1, referred to in article 76 of the law 7/2007, of 12 April, except that the Royal Decree of structure allows that, in view of the specific characteristics of the functions of the Directorate-General , its holder does not meet the condition of official, and must motivate through memory reasoned the concurrence of special characteristics which justify the exceptional circumstance. In all case, be of meet them requirements of fitness established in the law 3 / 2015, of 30 of March, regulatory of the exercise of the high charge of the Administration General of the State.

Article 67. The Assistant Directors General.

1. them vice-principals General are them responsible for immediate, low the supervision of the Director general or of the holder of the organ of which depend on, of the execution of those projects, objectives or activities that les are assigned, as well as of it management ordinary of them Affairs of the competition of the Subdirectorate General.

2. those vice-principals General will be named, respecting them principles of equality, merit and ability, and terminated by the Minister, Secretary of State or Undersecretary of which depend on.

The appointments will have to take place between officials of the career of the State, or of other administrations, if so provide rules for applying, belonging to the subgroup A1, referred to in article 76 of the law 7/2007, of 12 April.

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

1. the governing bodies responsible for common services, lend to superior and managerial bodies of the rest of the Ministry precise assistance for the more effective fulfilment of its tasks and, in particular, the efficient use of media and materials, financial and personal resources that have assigned.

It corresponds to the common services advice, technical and support, where appropriate, the direct management in relation to the functions of planning, programming and budgeting, international cooperation, action abroad, organization and human resources, information and communication systems, production regulations, legal assistance, financial management, management of materials and auxiliary services, monitoring, control and inspection of services statistics for State purposes and publications.

2. the common services operating in each Department in accordance with the provisions and guidelines adopted by the ministries with competence over these common functions in the General Administration of the State. All of this notwithstanding that certain organs with jurisdiction over some common services continue depending on functional or hierarchically of any of the concerned ministries.

3 by Royal Decree may provide for shared management of some of the common services which may be of the following ways: to) through direct coordination by the Ministry of finance and public administration or by an autonomous body linked or dependent on it, which will lend some of these services to other ministries.


(b) by its direct coordination by the Secretariat for each Ministry or by an autonomous body linked or dependent on it that will provide some of these services common to all Ministry. The Real Decree that determine the management shared of some of them services common shall state the regime of dependence organic and functional of the personal that came paying the service respective in each unit.

CHAPTER III organs territorial section 1 the territorial organisation of the General Administration of the State article 69. The delegations and the representative of the Government.

1 there will be a delegation of the Government in each of the autonomous communities.

2. the delegations of the Government will have its headquarters in the town where file the Council of Government of it community autonomous, unless the Council of Ministers agreed locate it in another different and without prejudice of what available expressly the Statute of autonomy.

3. the delegations of the Government are organically attached to the Ministry of finance and public administration.

4. in each an of them provinces of them communities autonomous pluriprovinciales, there will be a Deputy of the Government, that will be under the immediate dependence of the delegate of the Government.

They may be set up by Royal Decree Government Subdelegations in autonomous regions uniprovinciales, where circumstances such as the population of the territory, the volume of management or their geographical, social or economic singularities justify it.

Article 70. The directors island of the General Administration of the State.

Regulations is will determine them Islands in which there will be a Director Insular of the Administration General of the State, with the level that is determined in the relationship of posts of work. Will be appointed by the Executive of the Government through the procedure of free designation between officials of career of the State, of the communities autonomous or of them entities local, belonging to bodies or scales classified as subgroup A1.

The island directors hierarchically dependent of the Government delegate in the autonomous region and the representative of the Government in the province, where this role exists, and exercise, within its territorial scope, the powers conferred by this Act the Sub-delegates of the Government in the provinces.

Article 71. The territorial services.

1. the territorial services of the General Administration of the State in the autonomous region will be organized according to best fulfill their purposes, in integrated and not integrated in the delegations of the Government services.

2. the Organization of the territorial services not integrated in the delegations of the Government will be established by Royal Decree on the joint proposal of the holder of the Ministry on which they depend and the holder of the Ministry having attributed the competition for rationalization, analysis and evaluation of the organisational structures of the General Administration of the State and its public agencies, when it includes units with Subdirectorate-General or equivalent level , or by order joint when affect to bodies below.

3. them services territorial not integrated will depend on of the organ central competent on the sector of activity in which those operate, which les set them objectives concrete's performance and will control its execution, as well as the operation of them services.

4. them services territorial integrated will depend on of the delegate of the Government, or in its case Deputy of the Government, through the Secretary General, and will act in accordance with them instructions technical and criteria operating established by the Ministry competent by reason of the matter.

Section 2 the Government delegates in the 72 communities autonomous article. The delegates of the Government in the autonomous communities.

1. the delegates of the Government 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 same through their respective Presidents.

2. them delegates of the Government will lead and will supervise the Administration General of the State in the territory of them respective communities autonomous and the coordinate, internally and when appropriate, with the Administration own of each an of them and with it of them entities local based in the community.

3. the delegates of the Government are executive bodies with the rank of Undersecretary that depend organically on the Prime Minister and functionally competent Ministry by reason of the matter.

4. the delegates of the Government shall be appointed or separated by Royal Decree of the Council of Ministers, on a proposal from the President of the Government. His appointment will serve to criteria of competition professional and experience. In any case, you must meet suitability requirements established by law 3/2015, 30 March, regulating the exercise of the high charge of the General Administration of the State.

5. in case of absence, vacancy or illness of the head of the Government delegation, it will be supplemented by the representative of the Government designated by the delegate and, failing that, to the province in which it is situated. In the uniprovinciales autonomous communities where there is no representative the fallback will correspond to the Secretary-General.

Article 73. Powers of the delegates of the Government in the autonomous communities.

(1. them delegates of the Government in them communities autonomous are them holders of them corresponding delegations of the Government and have, in them terms established in this chapter, them following competencies: to) address and coordination of the Administration General of the State and its agencies public: 1 boost, coordinate and monitor with character general its activity in the territory of the community autonomous , and, in the case of integrated services, directing it, directly or through the officers by sub-delegation of the Government, in accordance with the objectives and, where appropriate, instructions for the governing bodies of the respective ministries.

2. appoint the Sub-delegates of the Government in the provinces of its scope and, where appropriate, in the insular directors, and as hierarchical superior, direct and coordinate their activities.

3rd report, on a mandatory basis, the proposals for appointment of holders of territorial bodies of the General State administration and State public agencies of regional and provincial level in the Government delegation.

(b) information from the action of the Government and information to citizens: 1 coordinate information about the programs and activities of the Government and the General Administration of the State and its public bodies in the autonomous region.

2. promote collaboration with other public administrations in the field of information to citizens.

3 receive information from the various ministries of plans and programs that have run their respective territorial services and public bodies within its territorial scope.

4th raise to the Government, on an annual basis, through the head of the Ministry of finance and public administration, a report on the operation of State public services at the regional level.

(c) coordination and cooperation with other public authorities: 1 communicating and receiving much information require the Government and the organ of Government of the autonomous region. Also perform these functions with local authorities in its territorial area, through their respective Presidents.

2. maintain the necessary relations of coordination and cooperation of the General Administration of the State and its public agencies with the of the autonomous region and the corresponding local authorities. To this end, it will promote the conclusion of agreements with the autonomous community and the local authorities, in particular in relation to government financing schemes, participating in the monitoring of the implementation and compliance of the same.

3rd participate in mixed commissions of transfers in the bilateral cooperation committees and other organs of cooperation of a similar nature when determined.

(d) control of legality: 1 resolve administrative appeals against resolutions and acts by organs of the delegation, following a report, in any case, by the competent Ministry by reason of the matter.

The legal challenges of decisions and acts of the delegate of the Government open to administrative appeal and that does not put an end to the administrative procedure, they will be resolved by the relevant bodies of the competent Ministry by reason of the matter.

Claims for liability of public administrations will be processed by the competent Ministry by reason of the matter and will be resolved by the head of that Department.

2. suspend the execution of the contested dictated by the delegation of the Government bodies, where appropriate you solve the resource, in accordance with article 117.2 of the Act the procedure administrative common of the administrations public, and propose the suspension in the remaining cases, as well as with regard to the contested dictated by non-integrated in the delegation of the Government services.

3 ensure compliance with of competences constitutionally conferred to the State and by the correct application of the regulations, promoting or placing, as appropriate, conflicts of jurisdiction, conflict of responsibilities, resources, and other legally from actions.

(e) public policies:


1. ask the competent ministries, in each case, the proposals which it deems appropriate on the objectives contained in the plans and programmes that have run the territorial services and the public bodies, and, regularly and periodically inform the competent ministries on their territorial services management.

2nd propose to the Minister of finance and public administration measures precise to avoid duplication of administrative structures, both in the own State General Administration and other public authorities, in accordance with the principles of effectiveness and efficiency.

3rd propose to the Ministry of finance and public administration measures to include in the human resources of the General Administration of the State plans.

4th report measures of optimization of human and material resources in its territory, especially those that affect more than one Department. In particular corresponds to the delegates of the Government, under the terms established in the law 33/2003, 3 November, the heritage of the public administrations, the coordination of the use of the administrative buildings for the territorial organization of the General Administration of the State and public bodies it dependent in its territory, in accordance with the guidelines established by the Ministry of finance and public administration and the General direction of the heritage of the State.

2. in addition, the delegates of the Government shall sanction, expropriation powers and any other that confer them the rules or are you decentralized or delegated.

3 corresponds to the delegates of the Government protecting the free exercise of rights and freedoms and ensure public safety, through the Sub-delegates of Government and of State security bodies and forces, whose head shall be the responsibility of the Government delegate, who shall exercise the powers of the State in this matter under the functional authority of the Ministry of the Interior.

4. in relation to the territorial services, the delegates of the Government, for the exercise of competences contained in this article, may seek from holders of such services all the information relating to its activity, organizational structure, human resources, inventories of movable and immovable property or any other matter or issue deemed appropriate in order to ensure a coordinated and effective management of State services in the territory.

Section 3 the subdelegation of the Government in the article 74 provinces. The subdelegation of the Government in the provinces.

In each province and low it immediate dependence of the delegate of the Government in the respective community autonomous, there will be a Deputy of the Government, with level of Deputy Director General, that will be named by one through the procedure of free designation between officials of career of the State, of them communities autonomous or of them entities local, belonging to bodies or scales classified as subgroup A1.

In the autonomous communities uniprovinciales in which there is no representative, the delegate of the Government will assume the powers which the law attributes to the Sub-delegates of the Government in the provinces.

Article 75. Powers of the Sub-delegates of the Government in the provinces.

The Government's sub-delegates corresponds them: to) perform the functions of communication, collaboration and cooperation with the respective autonomous community and local authorities and, in particular, reporting the incidence in the territory of the State funding programs. Corresponds les in particular: 1 maintain the necessary relationships of cooperation and coordination of the General Administration of the State and its public agencies with the of the autonomous region and the corresponding local authorities in the area of the province.

2. communicate and receive much information require the Government and the organ of Government of the autonomous region. Also perform these functions with the local authorities in its territorial area, through their respective Presidents.

(b) protect the free exercise of the rights and freedoms, guaranteeing it security citizen, all this within them skills State in the matter. For this purpose, will lead the State security bodies and forces in the province.

(c) direct and coordinate civil protection in the area of the province.

(d) direct, where appropriate, integrated services of the General Administration of the State, in accordance with the instructions of the delegate of the Government and the relevant ministries; (e) promote, supervise and inspect the non-integrated services.

(e) to coordinate the use of the material means and, in particular, of the administrative buildings in the territory within its competence.

f) exercise the powers to impose penalties and any other that gives them standards or with which they are decentralized or delegated.

Section 4 the structure of delegations of the Government article 76. Delegations and Subdelegations of the Government structure.

1. the structure of the delegations and Subdelegations of the Government shall be fixed by Royal Decree of the Council of Ministers on the proposal of the Ministry of finance and public administration, because of the organic unit of the delegations of the Government, and will have, in any case, with a Secretary General, dependent of the delegates or, where appropriate, of the Government's sub-delegates , as organ of management of them services common, and of which will depend on them different services integrated in the same, as well as those others services and units that is determined in the relationship of jobs of work.

2. the integration of new territorial services and the disintegration of territorial services already integrated in the Government delegations, will be implemented through Royal Decree of Council of Ministers, on a proposal from the Ministry of finance and public administration, because of the organic unit of the delegations of the Government and of the competent Ministry of the area of activity.

Article 77. Legal aid and financial economic control of the delegations and Subdelegations of the Government.

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

Section 5th colleges article 78. The inter-ministerial Commission for the coordination of the peripheral administration of the State.

1. the inter-ministerial Commission for the coordination of the peripheral administration of the State is a collegiate body attached to the Ministry of finance and public administration.

2. the inter-ministerial Commission for the coordination of the peripheral administration of the State is responsible for coordinating the action of peripheral administration of State with the various ministerial departments.

3. by Royal Decree, their powers, composition and functioning shall be governed.

Article 79. The colleges of the delegate and the representative of the Government assistance.

1 in each of the autonomous communities pluriprovinciales there will be a territorial Commission of assistance to the delegate of the Government, with the following characteristics: to) will be chaired by the Government delegate in the autonomous region and integrated by the Government sub-delegates in the provinces included in the territory of this.

(b) to its meetings shall assist holders of bodies and territorial services, both integrated and nonintegrated, the delegate of the Government deems appropriate.

(c) the Commission will develop, in any case, the following functions: 1 coordinate actions that have run in a uniform way in the area of the autonomous community, to ensure the fulfilment of the General objectives set by the Government to the territorial services.

2. homogenize the development of public policy in its territorial area, through the establishment of common criteria which will have to be compatible with the directions and objectives of the respective ministries.

3rd advise to the delegate of the Government in the autonomous community in the preparation of proposals for administrative simplification and rationalization in the use of resources.

4th any others that are appropriate the Commission fulfilled the purpose of support and guidance in the exercise of the powers given by this law in the view of the Government delegate in the autonomous region.

2. in the uniprovinciales autonomous communities there is a Commission of assistance to the delegate of the Government, chaired by himself and comprising the Secretary-General and holders of bodies and territorial services, both integrated and nonintegrated, the delegate of the Government deems appropriate, with the functions set forth in the preceding paragraph.

3. in every Central Government there will be a Commission of assistance to the representative of the Government headed by himself and comprising the Secretary-General and holders of bodies and territorial services, both integrated and nonintegrated, the representative of the Government deems appropriate, with designated functions in the first paragraph, referring to the provincial level.

CHAPTER IV of the General Administration of the State abroad article 80. The foreign service of the State.


The foreign service of the State is governed in everything related to their composition, organization, functions, integration and personnel by the law 2/2014, of 25 March, the action and the foreign service of the State and its implementing regulations and, Additionally, by the provisions of this law.

TITLE II organisation and functioning of public-sector institutional CHAPTER I institutional public sector article 81. General principles of action.

1. the entities that make up the public sector institutional are subject in its activities to the principles of legality, efficiency, budgetary stability and financial sustainability as well as to the principle of transparency in its management. In particular govern in terms of staff, including the labor, the limitations provided for in the budgetary rules and annual forecasts of general budgets.

2. all them administrations public must establish a system of monitoring continuous of their entities dependent, to check the subsistence of them reasons that justified its creation and its sustainability financial, and that must include the formulation express of proposed of maintenance, transformation or extinction.

3 agencies and entities linked or dependent on the regional and local administration shall be governed by the basic provisions of this law, resulting them application, and in particular, from the provisions of chapters I and IV and in articles 129 and 134, as well as with the rules of the Administration to which it is signatory.

Article 82. The inventory of State, regional and Local Public Sector entities.

1. the inventory of entities of the Sector public State, autonomic and Local, is configured as a record public administrative that ensures the information public and the management of all them entities members of the sector public institutional any that is its nature legal.

It integration and management of said inventory and your publication will depend on of it intervention General of the administration of the State and the catchment and the treatment of the information sent by them communities autonomous and them entities local for it training and maintenance of the inventory will depend on of the Secretariat General of coordination autonomic and Local.

2. the inventory of Public Sector entities will contain, at least updated information about the legal nature, purpose, sources of funding, structure of domain, in your case, the condition of own means, regimes of accounting, budget and control as well as the classification in terms of national accounting, of each of the members of the institutional public sector entities.

3. unless, the creation, transformation, merger or extinction of any entity member of the sector public institutional, any that is its nature legal, will be registered in the inventory of entities of the Sector public State, regional and Local.

Article 83. Registration in the inventory of entities of the Sector public State, regional and Local.

1. the holder of the highest organ of address of the entity shall, through the general intervention of the corresponding administration, the information necessary for the definitive registration in the inventory of entities of the Sector public State, regional and Local, in the terms provided for by law, of acts relating to the creation, transformation, merger or extinction, within the period of thirty days counting from occurring inscribable Act. Supporting documentation that determines such circumstances must be accompanied in the aforementioned notification.

2 the final registration of the creation of any which is a member of the institutional public sector in the inventory of State, regional and Local Public Sector entities will be held in accordance with the following rules: a) the holder of the highest organ of direction of the entity, through the general intervention of the corresponding administration, notified electronically for the purpose of registration , to the inventory of entities of the Sector public State, regional and Local, the standard or the Act legal of creation in the term of 30 days working from the entry in force of the standard or of the Act, according to corresponds. The notification will accompany the copy or link to the electronic publication of the Official Gazette in which standard, or copy of the legal act of creation, as well as other supporting documentation that appropriate, as the statutes or the action plan was published.

(b) the registration in the inventory of entities of the Sector public State, autonomic and Local is practiced within the term of 15 days working following to the reception of the request of registration.

(c) the allocation of the final tax identification number and identifying letter that corresponds to the entity, in accordance with their legal nature, by the tax administration will require the contribution of certification of registration of the entity in the inventory of State, regional and Local Public Sector entities.

CHAPTER II Organization and functioning of the public sector institutional article 84. Composition and classification of the institutional public sector.

(1. integrate the sector public institutional State the following entities: to) them organisms public linked or dependent of the Administration General of the State, which is classified in: 1 organisms autonomous.

2nd entities public business.

(b) the independent administrative authorities.

(c) the State corporations.

(d) consortia.

(e) the foundations of the public sector.

(f) the funds without legal personality.

(g) the universities public not transferred.

2. the Administration General of the State or entity member of the sector public institutional State not may, by itself same or in collaboration with others entities public or private, create, or exercise the control effective, direct or indirectly, on any other type of entity different of them listed in this article, with independence of its nature and regime legal.

The provisions of this section shall not apply to the participation of the State in international bodies or entities of supranational scope or participation in national standardization and accreditation bodies.

3. not transferred public universities are governed by the provisions in the Law 47/2003, of 26 November, which will be of application and the provisions of this law where not provided for in the specific regulations.

Article 85. Efficiency and control of continuous monitoring.

1. the members of the State institutional public sector entities will be subject to the control of efficiency and continuous supervision, without prejudice to the provisions of article 110.

Therefore all members of State institutional public entities will have, at the time of its creation, with a plan of action, which will contain the strategic lines around them will pan out the activity of the entity, that is to be reviewed every three years, and that it be completed with annual plans that take place of creation for the following financial year.

2. the effective control will be exercised by the Department to which they are attached, through the inspection of services, and will aim to assess the fulfilment of the objectives of the entity-specific activity and the proper use of resources, in accordance with its plan of action and its annual updates, without prejudice to the control that in accordance with Act No. 47/2003 of 26 November, is exercised by the General intervention of the administration of the State.

3. all members of the State institutional public sector entities are subject since its creation until its extinction to the continuous supervision of the Ministry of finance and public administration, through the General intervention of the administration of the State, which will monitor the attendance of the requirements laid down in this law. En_particular verify, at least, the following: a) the subsistence of the circumstances that justified its creation.

(b) its financial sustainability.

(c) the concurrence of the cause of dissolution provided for in this law concerning breach of the purposes that justified its creation or resulting subsistence not the most suitable means to achieve them.

The performances of continuous monitoring for planning, implementation and evaluation shall be determined by regulation.

(4. the performances of control of efficiency and monitoring continuous take in consideration: to) the information economic financial available.

(b) the provision of information by public agencies and entities subject to the effectiveness and monitoring control system continues.

(c) proposals for inspections of the services of the various ministerial departments.

The results of the assessment carried out both by the Ministry of allegiance by the Ministry of finance and public administration will translate into a report subject to contradictory procedure which, according to the findings obtained, may contain recommendations for improvement or a proposal for processing or elimination of the public body or entity.

Article 86. Own means and technical service.


1. the members of the institutional public sector entities may be considered their own means and technical services of the contracting authorities and other entities and companies which do not have consideration of contracting authority when they meet the conditions and requirements established in the text revised of the law of contracts in the Public Sector, approved by Royal Legislative Decree 3/2011 , of 14 of November.

(2. will have the consideration of half own and service technical when is accredits that, besides have of media enough e suitable for perform benefits in the sector of activity that is appropriate with its object social, in accordance with its standard or agreement of creation, is give any of them circumstances following: to) is an option more efficient that it hiring public and is sustainable and effective applying criteria of economic profitability.

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

Checking of the concurrence of the mentioned requirements will form part of the control efficiency of the own media and technical services.

Designation of the members of the institutional public entities having the status of own means must be necessarily indication "Itself means" or its abbreviation "HB".

3. at the proposal of Declaration of own means and technical service should be accompanied by a report justifying stating the provisions of the preceding paragraph and it should be counseled by the intervention General of the administration of the State that is going to declare the own environment and service.

Article 87. Transformations of the State institutional public sector entities.

1. any body autonomous, entity public business, society commercial State or foundation of the sector public institutional State can transform is and adopt the nature legal of any of the entities cited.

2. the transformation will take place, while retaining their legal status, assignment and global integration, in Unit Act, all the assets and liabilities of the entity transformed with universal succession of rights and obligations.

The transformation will not alter the financial terms of obligations or may be understood as a cause of legal relations resolution.

3. the transformation will be held by Royal Decree, although it involves amending the Act of creation.

(4. when a body autonomous or entity public business is transform in an entity public business, society commercial State or in a foundation of the sector public, the Real Decree through which is carry to out the transformation must go accompanied of the following documentation: to) a memory that include: 1 a justification of it transformation by not to assume their functions keeping its nature legal originally.

2nd a analysis of efficiency that will include a forecast of the saving that will generate it transformation and the accreditation of lack of duplication with the functions that already develop another organ, agency public or entity pre-existing.

3 an analysis of the situation in which will be the staff, indicating if, in his case, part of it will be integrated, either in the General Administration of the State or the public business entity, State trading company or Foundation resulting from the transformation.

(b) a report mandatory of the intervention General of the administration of the State in which is assessed the compliance of it planned in this article.

5 will lead to the adoption of the Royal Decree of transformation: to) the adaptation of the Organization of the personal, economic and material resources that is necessary for the change of legal nature.

(b) the possibility of integrating the personal in the entity transformed or in the Administration General of the State. In your case, this integration will be held in accordance with the mobility procedures set out in the law of civil service or in the labour legislation which applies.

Different types of personnel of the transformed institution will have the same rights and obligations which they are entitled in accordance with the regulations that will be of application.

Adaptation, in your case, personnel involving the transformation does not imply, in itself, the attribution of the status of public official working staff who provide services in the transformed State.

The integration of who until that time came exercising functions reserved to officials public without be it may perform is with the condition of «to extinguish», must is rating previously them features of them posts affected and them needs of the entity where is integrate.

Of the implementation of the transformation may not arise increase preexisting wage in the transformed State.

CHAPTER III section 1 General provisions article 88 State public bodies. Definition and activities.

Are dependent public organizations or related to the General Administration of the State, either directly or through another public body, created for administrative activities, development, delivery or management of public services or production of goods of public interest susceptible of consideration; economic activities reserved for public administrations; as well as the supervision or regulation of economic sectors, and whose features justify its organization in regime of functional decentralization or independence.

Article 89. Legal personality and powers.

1. public bodies has differentiated public legal personality, own patrimony and Treasury, as well as autonomy of management, under the terms provided for in this law.

2 within its sphere of competence, correspond them precise administrative powers for the fulfilment of its purposes, in the terms that provide for its statutes, except the expropriation power.

Statutes may be attributed to public bodies the power to sort secondary aspects of the operation to comply with the purposes and service entrusted, within the framework and the scope established by the provisions specified in the basic legal regime of such service.

Acts and resolutions dictated by public bodies in the exercise of administrative powers are susceptible to the administrative appeals provided for in the law on the procedure administrative common of the administrations public.

Article 90. Structure organization in the sector public State.

1. the public bodies are structured in the organs of Government, and executives to be determined in their respective Statute.

The highest organs of Government are the President and the Executive Council. The statute can, however, provide for other organs of Government with different powers.

The address of the public body must establish a model oriented control to achieve reasonable assurance in the fulfilment of its objectives.

2 corresponds to the Minister of finance and public administration the classification of entities, in accordance with their nature and the criteria laid down in Royal Decree 451/2012, of 5 March, which regulates the remuneration regime of the most responsible and managers in the public sector business and other entities. For these purposes, entities will be classified into three groups. This classification will determine the level in which the entity is located for purposes of: to) maximum number of members of the governing bodies.

(b) organizational structure, with the fixing of the minimum and maximum number of Directors, as well as the maximum amount of the total compensation, with determination of the maximum percentage of the complement of post and variable.

Article 91. Creation of State agencies.

1. the creation of public bodies shall be made by law.

2 establish the law of creation: to) the type of public body which creates, with indication of their general purpose, as well as the Department of dependency or link.

(b) in his case, economic resources, as well as the peculiarities of its regime of personnel, procurement, property, tax and any others which, by their nature, require standard of legal rank.

3. the draft law of the public body is presented to the Council of Ministers shall be accompanied by a proposal of statutes and an initial action plan, together with the favourable mandatory report from the Ministry of finance and public administration 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: to) the reasons justifying the creation of a new public body, by not be able to assume those functions other existing, as well as the Panel's finding that the creation is not duplicity with the activity that develops any other organ or pre-existing entity.

(b) the proposed legal form and an analysis justifying the chosen is more effective against other alternatives of organization that has been ruled out.

(c) the Foundation of the chosen organizational structure, determining the governing bodies and the forecast of the human resources necessary for its functioning.


(d) the preliminary draft of the budget for the first financial year together with an economic and financial analysis attesting to the sufficiency of the economic envelope foreseen initially for the start of its activity and the future of the Agency sustainability, according to future expenditures and investment financing sources, as well as the impact that will have on the overall state budgets.

(e) them objectives of the body, justifying its sufficiency or fitness, them indicators for measure them, and it programming multiannual of character strategic for reach them, specifying them media economic and personal that devoted, specifying in this last case the form of provision of them posts of work, its origin, cost, remuneration e compensation, as well as the field temporary in that is provides develop the activity of the body. The consequences associated with the degree of compliance with established objectives and, in particular, its connection with the evaluation of the management of managers in the case of non-compliance will also be included. For this purpose, the distribution of the complement of productivity or equivalent will be taking into account the degree of fulfilment of the objectives established in the plan of creation and in the annual.

2. the public bodies must accommodate his performance expected in its initial plan of action. This will be updated annually through the elaboration of the corresponding plan allowing to develop the provisions of the plan of creation for the following financial year. The annual action plan must be approved in the last quarter of the calendar year by the Department which depend on or to which the organism is linked and should be consistent with multiannual action programme laid down in the budgetary rules. The Action Plan will incorporate, every three years, a review of the strategic programming of the organism.

The lack of approval of the annual plan of action within the time limit set for reasons imputable to the organism, and until such is rectified the omission, shall entail the suspension of transfers which are to be in favor of the agency charged to the general budget of the State, unless the Council of Ministers takes another decision.

3. the action plan and the annual, as well as its amendments, will be made public on the website of the public body to which it corresponds.

Article 93. Content of the statutes.

1 the statutes be regulated, at least, the following: to) the functions and competencies of the Agency, with an indication of the administrative powers that can hold.

(b) the determination of its organizational structure, with expression of the composition, functions, powers and administrative rank that corresponds to each organ. Also specify those of their acts and decisions which exhausted the administrative channels.

(c) the heritage assigned to them and the economic resources that have been financed.

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

(e) the Faculty of participation in companies when it is essential to achieve assigned goals.

2. the statutes of them bodies public is approved by Real Decree of the Council of Ministers to proposed joint of the Ministry of Hacienda and administrations public and of the Ministry to which the organism is linked or dependent.

3. the statutes shall be approved and published prior to the entry into effective operation of the public body.

Article 94. Fusion of State agencies.

1. the State public bodies of the same legal nature may merge well through extinction and integration in a new public body, by means of its extinction by being absorbed by another public body already existing.

2. the merger will be implemented through regulatory standard, although it involves amending the Act of creation. When the regulatory standard to create a new public body resulting from the merger must comply with provisions of article 91.2 on requirements for creation of public bodies.

3. when the regulatory standard of merger plan of downsizing for the adequacy of estate, organizational structures, personnel and resources resulting from the new situation must be accompanied and in which the savings that will generate the fusion should be accredited.

If any of the public bodies were in financial imbalance will may provide for, as part of the downsizing plan, obligations, property and economic rights deemed to be settled and derived from the activity that caused the imbalance, are integrated into a Fund, without legal personality and separate accounts, attached to the new public body or absorbent , as appropriate.

The activity or activities that caused the imbalance will leave be provided following the merger, unless expected their future realization in a sustainable way after the merger.

The plan of downsizing, mandatory prior report of the General intervention of the administration of the State must be approved by each of the merged agencies if they are integrated in a new one or by the public body in absorbing, as appropriate to the type of fusion.

4 will lead to the approval of the norm of fusion: a) the integration of organizations of public bodies merged, including the personal media, material and economic, in the terms provided for in the plan of downsizing.

(b) the staff of extinguished public bodies may be well in the General Administration of the State or in the new public body resulting from the merger or the absorbing public body, as appropriate, in accordance with provisions in the regulatory standard melting and in accordance with the mobility procedures set out in the law of civil service or in the labour legislation which applies.

The different types of staff of public bodies fused will have the rights and obligations which they are entitled in accordance with the regulations that will be of application.

Who up to that moment come duties reserved for civil servants is not can be done with the condition of ' extinct ', must be previously rating characteristics of the affected positions and the needs of the organizations where they are integrated.

This integration of personnel does not imply, in any case, the attribution of the status of public official working staff who provide services in the merged agencies.

The implementation of the merger not can be derived from increase of the wage bill in the public bodies concerned.

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

The merger will not alter the financial terms of obligations or may be understood as a cause of legal relations resolution.

(d) if it had been planned in the downsizing plan, obligations, property and economic rights deemed to be settled will be integrated into a Fund, without legal personality and separate accounts, attached to the new public body resulting from the merger or the absorbing public agency, as appropriate, which shall appoint a liquidator he shall be responsible for the liquidation of the Fund. This settlement shall be made in accordance with the provisions of article 97.

The settlement should carry out during the two years following the statutory standard of merger approval, unless the Council of Ministers agreed his extension, without prejudice to any rights that may apply to the creditors. The adoption of standards that will have to adjust the accounts of the Fund shall be the Minister of finance and public administration on the proposal of the General intervention of the administration of the State.

Article 95. Shared management of common services.

1. the creation of public bodies of the State public sector standard will include some or all of the common services shared management, except that the decision not to share them is justified, in memory that accompany creation standard, in terms of efficiency, in accordance with article 7 of the organic law 2/2012, April 27 of budgetary stability and sustainability financial, reasons of national security or when the organisation and shared management affect services that must be provided independently in accordance with the independence of the Agency.

The Organization and management of some or all of the common services will be coordinated by the Ministry of secondment, by the Ministry of finance and public administration or by a public body linked or dependent on it.

2 are considered to be public bodies, at least, the following services: to) real estate management.

(b) information and communication systems.

(c) legal assistance.

(d) accounting and financial management.

(e) publications.

(f) procurement.

Article 96. Dissolution of State agencies.

1 the State agencies shall dissolve: to) by the course of existence time designated in the Act of creation.


(b) because all of their aims and objectives are borne by the services of the General Administration of the State.

(c) because their purposes have been completely fulfilled, so the survival of the public body is not justified, and thus it has become apparent in the control of efficiency.

(d) when the follow-up of the plan of action is breach of the purposes that justified the creation of the agency or that their livelihood is not the most appropriate means to achieve them and thus conclude in the effectiveness or continuous monitoring control.

(e) by find are in situation of imbalance financial during two exercises budgetary row.

This situation of financial imbalance be referred, for entities having consideration of public administration for the purpose of the European system of accounts, their need for funding in terms of the European system of accounts, while for other entities means as the situation of financial imbalances manifested in the existence of negative gross results of exploitation in two consecutive accounting years.

(f) for any other reason established in the statutes.

(g) when thus it agreed the Council of Ministers following the procedure given to the effect on the Act legal that agreed the dissolution.

2 when a public body fails to provide any cause of dissolution provided for in the letters to), b), c), d) or f) of the preceding paragraph, the holder of the highest organ of address of the Agency shall inform the holder of the Department of allegiance within the period of two months since if the cause of dissolution. Elapsed said term without is has produced the communication and concurring it cause of dissolution, the body public will be automatically dissolved and not may perform any act legal, except them strictly necessary for ensure the efficiency of its liquidation and extinction.

In the period of two months from receipt of the communication refers to which the previous paragraph, the Council of Ministers shall adopt the corresponding agreement of dissolution, which shall designate the administrative body or entity of the State institutional public sector which will assume the functions of the liquidator, and shall be communicated to the entities inventory of the State Public Sector Regional and Local for publication. Within that period unless the agreement of dissolution has been published, the public body shall be automatically dissolved and you can not perform any legal act, unless strictly necessary to ensure the effectiveness of its liquidation and extinction.

(3. when a body public incurred in the cause of dissolution planned in the letter e) of the paragraph 1, the holder of the maximum organ of address of the body will have of the term of two months, to count from the concurrency of such cause, for communicate it to the Administration General of the State.

Within the period of two months from the communication to which the preceding paragraph refers, the public body, following a report of the General intervention of the State administration must approve a plan of correction of the imbalance. As part of the mentioned plan of correction, the Administration General of the State may make contributions heritage in the exercise budgetary immediate above.

Plan of correction will be applied in the financial year in which is approved and the next. After those two exercises without the imbalance is corrected, the holder of the highest organ of address of the body shall notify the holder of the Department of affiliation in the five calendar days following the end of the deadline. Received the communication, applies as provided in paragraph 2, unless the Council of Ministers, on a proposal from the Minister of finance and public administration, decide to extend the duration of the plan of correction. If cited within five days elapses without such communication has occurred, the public body shall be automatically dissolved and will not perform any legal act, unless strictly necessary to ensure the effectiveness of its liquidation and extinction.

Article 97. Liquidation and extinction of public agencies.

1 published the dissolution agreement refers to which the preceding article, or after the deadlines without this has been published, the liquidation shall be automatically initiated.

2. the liquidation will take place by the transfer and global integration, in Unit Act, all assets and liabilities of the public body in the General State administration which happen universally in all its rights and obligations. The organ or entity appointed as liquidator shall determine in each case, the organ or concrete entity, of the General Administration of the State, where the elements that form part of the assets and liabilities of the liquidated public body will be integrated.

The responsibility that corresponds to the public employee as a member of the entity or liquidator organ will be directly assumed by the entity or the General Government that appointed him. The General Administration of the State may require ex officio public employee appointed to that effect the responsibility that had incurred for damages and damages caused in their property or rights when had frequented intent, fault or negligence serious, as provided in the administrative liability laws.

3. the General Administration of the State shall subrogated automatically in all legal relations that had the public body with its creditors, both main and accessory, to the date of adoption of the dissolution agreement or, failing that, at the time that if the cause of dissolution, including assets and liabilities consequential. This subrogation not will alter the conditions financial of the obligations assumed or may be understood as cause of resolution of them relationships legal.

4 Formalizada the liquidation of the public body will be its automatic extinction.

Section 2 State autonomous bodies article 98. Definition.

1. autonomous organisms are entities governed by public law, with legal personality, Treasury and own heritage and autonomy in their management, carrying out activities of the public administration, both building activities, benefits, management of public services or production of goods of public interest, subject to consideration, as a distinct and dependent of the instrumental organizations.

2. autonomous organisms depend on the General Administration of the State, which corresponds to its strategic direction, the evaluation of the results of their activity and effectiveness control.

3. irrespective whatever their denomination, where a public body has the status of an autonomous body shall include in his denomination the indication «autonomous body» or its abbreviation "O.A.".

Article 99. Regime legal.

Autonomous bodies governed is as provided in this law, in its act of creation, its statutes, the common administrative procedure of the administrations public Act, Royal Legislative Decree 3/2011, November 14, law 33/2003 of November 3, and the rest of the standards of general and special administrative law which may apply. In the absence of administrative rule, applies the common law.

Article 100. Legal status of personnel and recruitment.

1. the staff of the autonomous bodies will be official or labour, and shall be governed by provisions of law 7/2007, of 12 April, and other regulations governing public officials and labor regulations.

He appointment of them holders of them bodies of them agencies autonomous is governed by the standards applicable to the Administration General of the State.

The holder of the maximum organ of address of the Agency will have attributed, in matter of management of resources human, them powers that you assign the legislation specific.

He agency autonomous will be obliged to apply them instructions on resources human dictated by the Ministry of Hacienda and administrations public and to communicate you to this Department many agreements or resolutions adopt in application of the regime specific of personal established in his law of creation or in their statutes.

2. the recruitment of them bodies autonomous is adjusted to it willing in the legislation on recruitment of the sector public. The holder of the highest organ of direction of the autonomous body will be the contracting authority.

Article 101. Financial and patrimonial regime.

1. the autonomous bodies will have, for the fulfilment of its purposes, a heritage itself, distinct from the public administration, made up of the set of goods and rights of those who hold.

The management and administration of their property and rights, as well as those of the heritage of the Administration is signatory to them for the fulfilment of its purposes, shall be exercised pursuant to autonomous bodies in law 33/2003, 3 November.

2 the economic resources of the autonomous bodies may come from the following sources: to) goods and values that constitute its heritage.

(b) products and incomes from that heritage.


(c) the appropriations specific that have assigned in those budgets General of the State.

(d) the current or capital transfers coming from the administration or public entities.

(e) donations, legacies, sponsorship and other contributions by private entities and individuals.

(f) any other resources authorized to receive, according to the provisions that are governed or that could be attributed.

Article 102. Budgetary, accounting and financial control regime.

The autonomous agency apply the regime of budgetary, financial, accounting, and control established by law 47/2003, of 26 November.

Section 3 the entities public business of scope State article 103. Definition.

1. the public business entities are entities of public law, with legal personality and own patrimony and autonomy in their management, which are financed mainly by revenue from market and which, together with the exercise of administrative powers develop performance activities, management of facilities or production of goods of public interest, subject to consideration.

2. them entities public business depend on of the Administration General of the State or of a body autonomous linked or dependent of this, to which le corresponds the address strategic, the evaluation of them results of its activity and the control of efficiency.

3. irrespective whatever their denomination, where a public body has legal nature of public enterprise shall appear in his denomination the indication of "public enterprise" or its abbreviation «E.P.E».

Article 104. Regime legal.

The public business entities are governed by private law, except in the formation of the will of its bodies, in the exercise of administrative powers that are attributed and the aspects specifically regulated for them under this law, in its act of creation, its statutes, the common administrative procedure Act, Royal Legislative Decree 3/2011 , of 14 of November, the law 33 / 2003, of 3 of November, and the rest of rules of law administrative general and special that you be of application.

Article 105. Exercise of administrative powers.

1. the administrative powers attributed to the public business entities only can be exercised by those organs of these which statutes assigned them expressly this ability.

2. However, for the purposes of this Act, organs of the public business entities are not comparable in terms of its administrative range of the organs of the General Administration of the State, with the exception that certain effects are attached, in each case, in its statutes.

Article 106. Legal status of personnel and recruitment.

1. the personal of them entities public business is governed by the right labour, with them specifications arranged in this article and them exceptions relating to them officials public of the Administration General of the State, who is governed by it planned in the law 7 / 2007, of 12 of April and others normative regulatory of them officials public or by the normative labor.

(2. the selection of the personal labor of these entities is held according to them following rules: to) the personal management, that is will determine in them statutes of the entity, will be named with arrangement to them criteria established in the paragraph 11 of the article 55, attending to it experience in the performance of posts of responsibility in the management public or private.

(b) the rest of the staff will be selected by tender based on the principles of equality, merit and ability.

3. the determination and modification of the remuneration conditions, both managers and the rest of the staff, will require the joint, prior and favourable report of the Ministry of finance and public administration.

4. the Ministry of finance and public administration be carried out, with adequate periodicity, specific controls on the evolution of the costs of staff and the management of its human resources, in accordance with the criteria previously established by the same.

5. the law of creation of each public enterprise shall determine the conditions under which, the officials of the General Administration of the State, will cover destinations in that body, and also establish the powers that autonomous bodies apply on this staff that, in any case, will be those that have legally attributed to it.

6. the recruitment of public business entities is governed by the provisions contained in the respect in the law of contracts in the public sector.

Article 107. Financial and patrimonial regime.

1. the entities public business will have, for the compliance of their purposes, a heritage own, different of the of the Administration public, integrated by the set of goods and rights of which are holders.

The management and administration of their property and rights, as well as those of the heritage of the Administration is signatory to them for the fulfilment of its purposes, shall be exercised in accordance with the provisions in law 33/2003, 3 November.

2 the public business entities may be financed with revenues resulting from its operations, obtained as consideration of its commercial activities, and the resources that come from the following sources: to) goods and values that constitute its heritage.

(b) products and incomes from that heritage and any other resource that could be attributed.

Exceptionally, where it thus provides for the Act of creation, can finance with economic resources that come from the following sources: to) specific appropriations that were assigned in the General State budget.

(b) the current or capital transfers coming from Governments or public entities.

(c) the donations, legacies, sponsorship and other contributions of entities private and of particular.

3. the entities public business will be financed mainly by revenue from market. It is understood they are financed mainly by revenue from market when they have consideration of producer's market in accordance with the European system of accounts.

For these purposes taken into account, the classification of the different public entities for the purposes of the national accounts to perform the Technical Committee of national accounts and that it will pick up in the inventory of entities of the State public sector, regional and Local.

Article 108. Budgetary, accounting and financial control regime.

The public business entities apply the regime of budgetary, financial, accounting and control established in the Law 47/2003, of 26 November.

CHAPTER IV State level article 109 independent administrative authorities. Definition.

1. are authorities administrative independent of field state them entities of right public that, linked to the Administration General of the State and with personality legal own, have attributed functions of regulation or supervision of character external on sectors economic or activities certain, by require its performance of independence functional or a special autonomy with regard to the Administration General of the State, what should determine is in a standard with range of law.

2. independent administrative authorities shall act in the development of its activity and the fulfilment of its purposes, irrespective of any business or commercial interest.

3. regardless whatever their denomination, when an entity is the legal nature of independent administrative authority shall include in his denomination the indication "independent administrative authority" or its abbreviation «A.A.I.».

Article 110. Regime legal.

1. independent administrative authorities shall be governed by their law of creation, its statutes and the special law of economic sectors subject to its supervision and supplementary and in as is compatible with its nature and autonomy, as provided in this law, in particular the provisions for autonomous bodies, the law on the procedure administrative common of the administrations public , Law 47/2003, of 26 November, Royal Decree 3/2011, November 14, law 33/2003 of November 3, as well as the rest of the standards of general and special administrative law which may apply. In the absence of administrative rule, applies the common law.

2. independent administrative authorities shall be subject to the principle of financial sustainability in accordance with the organic law 2/2012, April 27.

CHAPTER V of the State corporations article 111. Definition.

1 the mercantile society over which State control is exercised refers to state trading company:


(a) either because the direct participation in its capital of the General Administration of the State or one of the entities which, pursuant to article 84, integrate the State institutional public sector, including State-owned commercial companies, greater than 50 per 100. For the determination of this percentage, joins the shares corresponding to the General Administration of the State and all the entities that are integrated in the public sector institutional State, where equity participate several of them.

(b) because the company is in the case provided for in article 4 of law 24/1988, of 28 July, the securities market with regard to the General Administration of the State or its public bodies linked or dependent.

2. in the denomination of them societies commercial that have the condition of State should appear necessarily the indication «society mercantile State» or its abbreviation «S.M.E.».

Article 112. Guiding principles.

The General Administration of the State and members of the institutional public sector entities, as proprietors of the social capital of State-owned commercial companies, pursued the efficiency, transparency and good governance in the management of these corporations, which will promote good practices and codes of conduct appropriate to the nature of each entity. All of this without prejudice to the general supervision which shall discharge the shareholder on the functioning of the mercantile society State, as expected law 33/2003, 3 November, the heritage of the public administrations.

Article 113. Legal regime.

State commercial companies shall be governed by the provisions of this law, as provided in the Act 33/2003, 3 November, and by the legal system, except in the matters that may apply the budgetary, accounting, regulation of economic and financial control, personnel and private contracting. In no case may have powers which involve the exercise of public authority, without prejudice to that exceptionally the law can give it the exercise of administrative powers.

Article 114. Creation and extinction.

1 the creation of a State trading company or the acquisition of this character in a sudden manner shall be authorized by agreement of the Council of Ministers, which must be accompanied by a proposal of statutes and a plan of action containing at least: to) the reasons justifying the creation of the company by not another existing entity to assume these functions as well as the absence of duplication. For these purposes, you must record is analysis performed 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 society does not involve duplication with existing entities.

(b) an analysis justifying the proposed legal form is more efficient against the creation of a public body or other alternatives of organization that has been ruled out.

(c) the annual objectives and indicators to measure them.

The creation of the State trading company agreement will accompany a prescriptive favourable report of the Ministry of finance and public administration or the General intervention of the administration of the State, as determined by law, that it will assess compliance with the provisions of this article.

The program of pluriannual action that under Law 47/2003, of 26 November, should develop societies each year will include a yearly plan which will form the basis for the control of efficiency of society. The lack of approval of the plan of action within the annual deadline, for reasons imputable to the society and until such is rectified the omission, shall entail the cessation of contributions which are to be in favor of the society charged to the general budget of the State.

2. the liquidation of a State company will fall into an organ of the General Administration of the State or in a member of the State institutional public sector entity.

The responsibility that corresponds to the public employee as member of the entity or liquidator organ will be directly assumed by the entity or the General Administration of the State which appointed it, who may require ex officio public employee responsibility where appropriate, applicable when concur intent, fault or gross negligence as provided in the administrative liability concerning laws.

Article 115. Liability regime applicable to the members of the boards of Directors of State companies designated by the General Administration of the State.

1. the responsibility that corresponds to the public employee as a member of the Board of Directors will be directly assumed by the General State administration that appointed it.

2. the General Administration of the State may require ex officio public employee appointed as a member of the Board of Directors the responsibility incurred for damages caused on its property or rights when had frequented dolo, or severe, as provided in the administrative liability laws fault or negligence.

Article 116. Guardianship.

1. to authorize the formation of a commercial company State shaped Corporation, in accordance with article 166.2 of law 33/2003 of November 3, the Council of Ministers may be attributed to a Ministry, whose skills have a specific relationship with the purpose of the company, the functional supervision of the same.

2. in the absence of this express attribution it will be entirely the Ministry of finance and public administration the exercise of the powers which this law and law 33/2003 of November 3, provide for the monitoring of the activity of the company.

3. the Ministry of supervision will exercise effective control instruct society with respect to the strategic action lines and establish priorities in the implementation of the same and will propose its incorporation to the operating and Capital budgets and programs of pluriannual action, upon compliance, in terms of its financial aspects, of the General direction of the heritage of the State if it's societies whose capital corresponds entirely to the General Administration of the State , or the public body which holds its capital.

4. in exceptional cases, duly justified, the head of the Department that matches their guardianship may give instructions to societies, to make certain activities, when public interest is its execution.

5. when instructions that is providing the Ministry of supervision involving a variation of the operating and Capital budgets in accordance with provisions in the Law 47/2003, of 26 November, the Board of Directors may not start filling in the instruction without the authorization of the competent authority to carry out the corresponding modification.

6. in this case, administrators of the companies that have been given instructions will act diligently to his execution, and shall be exempt from liability provided for in article 236 of the Royal Legislative Decree 1/2010 of 2 July, which approves the revised text of the companies act of Capital, if compliance with such instructions prejudicial consequences it has.

Article 117. Budget system, accounting, financial control and personnel.

1. State commercial companies shall draw up annually an operating and capital budget and a plan of action that is part of the multiannual programme, which will be integrated with the General State budget. The programme will contain the triennial review of the plan of creation referred to in article 85.

2. State commercial companies formulate and surrender their accounts in accordance with the principles and accounting standards contained in the code of Commerce and the General Plan of accounting and regulations that develop it.

3. without prejudice to the powers conferred on the Court of Auditors, the management economic financial state companies will be subject to the control of the General intervention of the administration of the State.

4. the staff of State-owned commercial companies, including having steering condition, shall be governed by labor law, as well as the rules that may be applicable depending on their allegiance to the public sector, including always between them with the budget rules, especially what is established in the laws of the State budget.

CHAPTER VI article 118 consortia. Definition and activities.

1. the consortia are entities of public law, with its own legal personality differential, created by various public administrations or entities members of the institutional public sector, among themselves or with participation of private entities, the development of activities of common interest to all of them within the scope of their powers.

2. the consortia may be building activities, performance or common management of public services and few others are provided for in the laws.


3. the consortia may be used for the management of public services, in the framework of the cross-border cooperation involving Spanish, and administrations in accordance with the provisions of the international conventions ratified by Spain in the matter.

4. in the name of the consortia must be necessarily indication "Consortium" or its abbreviation "C".

Article 119. Legal regime.

1. the consortia shall be governed as provided in this law, the autonomous regulations and statutes.

2. in matters not provided for in this law, regional legislation, or in their statutes on the rule of the law of separation, dissolution, liquidation and extinction, it shall apply the provisions of the Civil Code on civil society, except for the regime of liquidation, which must be subjected to the provisions of article 97, and failing that, Royal Legislative Decree 1/2010 , 2 July.

3. the rules laid down in the law 7/1985, of 2 April, and the law 27/2013, of 21 December, rationalization and sustainability of the Local Administration on the local consortiums will have supplementary character with respect to provisions of this law.

Article 120. Secondment scheme.

1. the statutes of each consortium will determine the public administration which will be assigned in accordance with the provisions of this article.

2 according to the following criteria, sorted by priority in its application and related to the situation on the first day of the financial year, the consortium shall be attached, in each financial year and throughout this period, the public administration that: to) have the majority of votes in governing bodies.

(b) have powers to appoint or dismiss a majority of the members of the executive bodies.

(c) have powers to appoint or dismiss a majority of the members of the managerial staff.

(d) provide greater control over the activity of the consortium because of a special regulation.

(e) have powers to appoint or dismiss a majority of the members of the governing body.

(f) finance in more than one fifty percent, in its defect, greater the activity developed by the Consortium, taking in has both the contribution of the Fund heritage as the funding granted each year.

(g) has the highest percentage of participation in the equity fund.

(h) have highest number of inhabitants or territorial extension depending on if the purposes defined in the Statute are oriented to the provision of services to persons, or to the development of actions on the territory.

3. on the assumption that private entities participate in the Consortium, the Consortium will have no profit and will be attached to a public administration that is in accordance with the criteria set out in the preceding paragraph.

4. any change of affiliation to a public administration, anyone who is his cause, will entail the amendment of the statutes of the Consortium in a period not exceeding six months from the beginning of the financial year following that in the change of allegiance occurred.

Article 121. Regime personnel.

Staff in the service of the consortia may be official or employment and will have to come exclusively from the participating administrations. Their legal status will be public administration of assignment and pay in no case may exceed those established for jobs equivalent in the other.

Exceptionally, when it is not possible to have personnel from the participating administrations in the Consortium in attention to the uniqueness of the functions to perform, the Ministry of finance and public administration, or competent administrative body to which you ascribe the Consortium, may authorize the direct recruitment by the Consortium for the exercise of those functions.

Article 122. Budget, accounting, financial and patrimonial control regime.

1. the consortia will be subject to the system of budgeting, accounting, and control of the public administration to which they are assigned, without prejudice to its subject to the provisions of the organic law 2/2012, of 27 April.

2. for the purposes of determining the funding by the Consortium administrations, shall be taken into account both existing statutory or conventional commitments as the real funding, through the analysis of the effective disbursement of all contributions.

3. in any case, will carry out an audit of the annual accounts which will be the responsibility of the control organ of the Administration that the Consortium has is attached.

4 consortia must form part of the budgets and included in the general account of the public administration of affiliation.

5. the consortia are governed by economic standards of the public service to which they are attached.

Article 123. Creation.

1. the consortia are created through an agreement signed by the administrations, public bodies or entities participating.

2 in the consortia in which it participates, the General Administration of the State or its public bodies and entities linked or dependent will be required: to) its creation is authorized by law.

(b) the agreement of creation need of authorization previous of the Council of Ministers. The competition for the subscription of the Convention not may be object of delegation, and will correspond to the holder of the Department ministerial participant, and in the field of them bodies autonomous, to the holder of the maximum organ of address of the organism, prior report of the Ministry of which depend on or to which is linked.

(c) of the Convention will form part them statutes, a plan of action, of conformity with it intended in the article 92, and a projection budgetary triennial, in addition to the report prescriptive favorable of the Ministry of Hacienda and administrations public. He Convention signed together with the statutes, as well as their modifications, will be object of publication in the «newsletter official of the State».

Article 124. Content of the statutes.

(Them statutes of each consortium will determine the Administration public to which will be affiliated, as well as his regime organic, functional and financial in accordance with it intended in this law, and, at least, them following aspects: to) headquarters, object, purposes and functions.

(b) identification of participants in the Consortium as well as the contributions of its members. To this effect, on the application of the principle of liability envisaged in article 8 of the organic law 2/2012, of April 27, the statutes will include clauses that limit the activities of the Consortium if the Consortium member institutions violate the commitments of financing or any other type, as well as formulations to assurance of amounts committed by the Consortium entities prior to the budgeted activities.

(c) bodies of Government and administration, as well as its composition and functioning, with indication expressed regime of adoption of agreements. Clauses covering the suspension may include temporary voting rights or participation in the formation of the agreements when authorities or consortium entities comply with clearly their obligations to the Consortium, especially in what refers to the commitments of financing activities of the same.

(d) causes of dissolution.

Article 125. Causes and procedure for the exercise of the right of separation of a consortium.

1. the members of a consortium, to which provisions find it application under this Act or the law 7/1985, of 2 April, may separate from it at any time provided that no term for the duration of the Consortium has pointed out.

When the Consortium has a certain duration, any of its members may be separated before the end of the term if any of the members of the Consortium had breached any of its statutory obligations and, in particular, those that prevent you to fulfill the purpose for which it was created Consortium, as it is the obligation to make contributions to the Heritage Fund.

When a municipality ceases to provide a service, in accordance with the provisions of law 7/1985, of 2 April, and that service is one of the provided by the consortium that owns, the municipality can separate from it.

2. the right of separation shall be exercised by written notice to the highest organ of Government of the Consortium. The writing must be noted in, where appropriate, breach that motivates the separation if the Consortium had fixed-term, the formulation of prerequisite of compliance and the course of the term granted to meet the requirement after.

Article 126. Effects of the exercise of the right of separation of a consortium.

1. the exercise of the right of separation causes the dissolution of the Consortium except that the rest of its members, in accordance with the provisions of its statutes, agreed by its continuity and keep staying in the Consortium, at least two administrations, entities or public organizations linked or dependent on more than one administration.

2. when exercising the right of separation not entail the dissolution of the Consortium the following rules shall apply:


(a) shall be calculated the share of separation that corresponds to who exercise their right of separation, according to the participation that had him in the balance resulting from the equity of having taken place settlement, taking into account the criteria of allocation provisions of the statutes.

In the absence of statutory forecast, share of separation which would have corresponded him in the liquidation shall be considered. In the absence of determination of the liquidation fee be taken into account, both the percentage of the contributions to the capital fund of the consortium which carried who exercises the right of separation, as the funding granted each year. If the Member of the consortium that is separates not has made contributions by not be bound to this, the criterion of cast will be the participation in them income that, in his case, had received during the time that has belonged to the Consortium.

The way to be agreed by the Consortium and conditions which will be held in the payment of separation, on the assumption that this is positive, as well as the form and terms of payment of the debt corresponding to who exercises the right of separation if the fee is negative.

The effective separation of the Consortium is will produce a time determined the share of separation, in the so-called in that this is positive, or a time is has paid the debt, if the quota is negative.

(b) if the Consortium were attached, in accordance with the law, the Administration has exercised the right of separation, you will need to remember by the consortium to whom is ascribed, the remaining administrations or entities or public bodies linked or dependent of an administration that remain in the Consortium, on the application of the criteria laid down in the law.

Article 127. Dissolution of the Consortium.

1. the dissolution of the Consortium produces its liquidation and extinction. In all case will be cause of dissolution that the purposes for which was created the consortium have been fulfilled.

2. the governing body of the Consortium adopting the agreement of dissolution shall appoint a liquidator who will be an organ or entity, linked or dependent on public administration to which the Consortium is attached.

The responsibility that corresponds to the public employee as member of the entity or liquidator organ will be directly assumed by the entity or public administration which appointed it, who may require ex officio public employee responsibility where appropriate, applicable when it has frequented serious as provided in the administrative liability concerning laws intent, fault or negligence.

3. the liquidator shall calculate the fee of liquidation corresponding to each Member of the Consortium in accordance with the provisions of the statutes. If not provided in the statutes, the mentioned fee according to the participation that corresponds in the resulting balance of equity after the liquidation, will be calculated taking into account that the allocation criteria will be the provisions of the statutes.

In the absence of statutory forecast, shall be taken into account both the percentage of contributions that have made each Member of the consortium to the capital fund as funding granted each year. If any of them members of the consortium not has made contributions by not be bound to this, the criterion of cast will be the participation in them income that, in his case, had received during the time that has belonged in the Consortium.

4. be agreed by the Consortium form and conditions in which the payment of the settlement will take place on the assumption that this is positive.

5. them entities consortium may agree, with it most that is set in them statutes, or to lack of forecast statutory by unanimity, the assignment global of active and passive to another entity of the sector public legally adequate with the purpose of keep the continuity of the activity and reach them objectives of the consortium that is extinguished. The global transfer of assets and liabilities will involve the extinction without liquidation of the transferor trust.

CHAPTER VII of the foundations of the State public sector article 128. Definition and activities.

(1. are foundations of the sector public state those that meet some of them requirements following: to) that is constitute of form initial, with a contribution majority, direct or indirect, of the Administration General of the State or any of them subject members of the sector public institutional State, or receive this contribution with subsequently to its Constitution.

(b) that the assets of the Foundation is comprised by more than 50 percent of goods or rights contributed or donated by subjects of the institutional public sector permanently.

(c) the majority of voting rights in the Board corresponds to the institutional public sector representatives.

2. are activities own of them foundations of the sector public state them made, without mood of profit, for the fulfillment of purposes of interest general, with independence of that the service is pay of form free or through consideration.

They may only perform activities related to the area of competence of the founding entities of the public sector, and must contribute to the achievement of the purposes of the same, without involving the assumption of their own powers, except for express legal provision. Foundations may not exercise public powers.

The denomination of the foundations of the State public sector should necessarily include the indication «Foundation of the public sector» or its abbreviation "F.S.P.".

3. for the financing of activities and maintenance of the Foundation, must have been foreseen the possibility of that in the heritage of the foundations of the public sector there is no majority private sector contribution.

Article 129. Scheme of secondment of the foundations.

1. the statutes of each Foundation will determine the public administration which will be attached in accordance with the provisions of this article.

2 according to the following criteria, sorted by priority in its application, relating to the situation on the first day of the financial year, the Foundation of the public sector shall be attached, in each financial year and throughout this period, the public administration that: to) has majority of patrons.

(b) have powers to appoint or dismiss a majority of the members of the executive bodies.

(c) have powers to appoint or dismiss a majority of the members of the managerial staff.

(d) have powers to appoint or dismiss a majority of the members of the Board of Trustees.

(e) Fund by more than fifty percent, failing that, to a greater extent activity carried out by the Foundation, taking into account both the contribution from the capital fund and the financing granted each year.

(f) holds the highest percentage of participation in the equity fund.

3. in the event that participate in the Foundation private non-profit entities, the Foundation of the public sector will be attached to the Administration that is in accordance with the criteria laid down in the preceding paragraph.

4. the change of affiliation to a public administration, anyone who is his cause, will lead to the modification of the statutes, which shall be made in a period not exceeding three months from the start of the financial year following that in the change of allegiance occurred.

Article 130. Regime legal.

The foundations of the State public sector are governed by provisions in this law, by the Law 50/2002, of 26 December, foundations, regional legislation which applies in foundations, and by law private, except in matters that may apply the budgetary, accounting, regulation of economic and financial control and procurement in the public sector.

Article 131. Procurement regime.

The recruitment of them foundations of the sector public State is will adjust to it provisions in the legislation on recruitment of the sector public.

Article 132. Budget system, accounting, financial control and staff.

1. the foundations of the State public sector to draw up annually a budget of exploitation and capital, which will be integrated with the General State budget and formulate and present their accounts in accordance with the principles and accounting standards included in the adaptation of the General Plan of accounting entities without lucrative purposes and provisions which developed it, as well as the regulations on foundations.

2. the foundations of the State public sector apply rule budgetary, economic, financial, accounting, and control 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 administration of the State.

3. the staff of the foundations of the State, including public sector which has status of Directors, shall be governed by labour law, as well as the rules that may be applicable depending on their allegiance to the State public sector, including between them with the budgetary rules as well as what is established in the laws of the State budget.

Article 133. Creation of foundations of the State public sector.


1. the creation of them foundations of the sector public State or the acquisition of this character of form sudden is held by law that will establish them purposes of the Foundation and, in his case, them resources economic with which is le dota.

2. the draft bill on creation of a foundation of the State public sector rising to the Council of Ministers shall be accompanied by a proposal of statutes and the plan of action, in accordance with the provisions of article 92, together with the favourable mandatory report from the Ministry of finance and public administration or the General intervention of the administration of the State as determined by law.

3. the foundations of the State public sector statutes shall be approved by Royal Decree of Council of Ministers, a joint proposal from the head of the Ministry of finance and public administration and the Ministry exercised by the protectorate, which will be determined in the statutes. However, by agreement of the Council of Ministers may modify is the Ministry to which is ascribe initially the Foundation.

Article 134. Protectorate.

The protectorate of foundations in the public sector will be exercised by the Board of Directors of attachment which may have attributed such competition, which will ensure the fulfilment of the obligations set forth in the regulations on foundations, without prejudice to the control of efficiency and continuous monitoring to which they are subject as laid down in this law.

Article 135. Organizational structure.

On the foundations of the State public sector most of the Board members shall be appointed by the subjects of the State public sector.

The responsibility that corresponds to the public employee as a member of the Board of Trustees will be directly assumed by the entity or the General Government that appointed him. The General Administration of the State may require ex officio public employee appointed for that purpose the responsibility that had incurred for damages and damages caused in their property or rights when had frequented dolo, or severe, as provided in the administrative liability laws fault or negligence.

Article 136. Merger, dissolution, liquidation and extinction.

The foundations of the State public sector will find it application of merger, dissolution, liquidation and extinction regime provided for in articles 94, 96 and 97.

CHAPTER VIII of lacking legal personality of the State public sector article 137 funds. Creation and extinction.

1. the creation of lacking legal personality in the State public sector funds shall be made by law. Creating standard expressly determine their allegiance to the General Administration of the State.

2. with independence of their creation by law is extinct by norm of range regulatory.

3 the designation of funds without legal personality shall appear in necessarily the indication 'lacking legal personality Fund' or its abbreviation «F.C.P.J».

Article 138. Regime legal.

Lacking funds legal personality shall be governed by the provisions of this law, in its standard of creation, and the rest of the rules of general and special administrative law that may apply.

Article 139. Budgetary, accounting and financial control regime.

Those funds devoid of personality legal will be subject to the regime of budgeting, accounting and control planned in the Law 47 / 2003, of 26 of November.

TITLE III relations inter-authority CHAPTER I principles General of inter-administrative relations article 140. Principles of inter-administrative relations.

1 the different public administrations operate and relate with other administrations and entities or organizations linked or dependent on them in accordance with the following principles: to) institutional loyalty.

(b) adaptation to the order of distribution of powers established in the Constitution and the statutes of autonomy and in the regulations of the local government.

(c) collaboration, understood as a duty to act with the rest of the public administration for the achievement of common goals.

(d) cooperation, when two or more administrations public, voluntarily and in exercise of its powers, to assume specific commitments for the sake of a common action.

(e) coordination, in virtue of which management public and, especially, the General Administration of the State, has the obligation to ensure the coherence of the actions of the different public administrations affected by a same subject to achieve a common result, as provides it for the Constitution and the rest of the legal system.

(f) efficiency in the management of public resources, sharing the use of common resources, unless it is not possible or is justified in terms of their better use.

(g) liability of each public administration in compliance with 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) territorial solidarity in accordance with the Constitution.

2. in matters 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 Government are governed by basic legislation of local regime.

CHAPTER II duty of collaboration article 141. Duty of cooperation between the administrations public.

1 the public administrations must: to) respect the legitimate exercise by the other administrations of their competencies.

b) pondering, in the exercise of own competences, all of the public interests involved and, in particular, those whose management is entrusted to other administrations.

(c) inform other administrations the requiring activity that develop in the exercise of its own powers or that it is needed so that citizens can access in a comprehensive manner to the information relating to a matter.

(d) assist, in the own field, the other administrations could ask for for the effective exercise of their powers.

(e) comply with the specific obligations arising from the duty to collaborate and the remaining established normatively.

2. it assistance and collaboration required only may deny is when the body public or the entity of which is requests not is empowered for provide it in accordance with it planned in its normative specific, not available of media enough for this or when, of do it, cause a prejudice serious to them interests whose guardianship has entrusted or to the compliance of their own functions or when the information requested have character confidential or reserved. The negative to lend it assistance is communicated accordingly to the Administration requesting.

3. the Administration General of the State, the of them communities autonomous and them of them entities local must collaborate and auxiliary is for the execution of their acts that have of perform is or have effects out of their respective areas territorial. The possible costs that can generate the duty of collaboration may be payable when so is agreed.

Article 142. Techniques of collaboration.

(Them obligations that is derived of the duty of collaboration is will make effective through them following technical: to) the supply of information, data, documents or media evidentiary that is hallen to available of the body public or the entity to which is directs the request and that it administration applicant precise have for the exercise of their powers.

(b) the creation and maintenance of integrated systems of management information in order to have updated, complete and permanent data relating to the different areas of administrative activity throughout the national territory.

(c) the duty of assistance and aid, to respond to requests made by other administrations for the better exercise of its powers, particularly when the effects of his administrative activity extends outside its territorial scope.

(d) any other provided for in a law.

CHAPTER III section 1 technical cooperation article 143 cooperative relations. Cooperation between public administrations.

1. administrations shall co-operate at the service of the general interest and may agree on a voluntary basis on how to exercise their respective powers that best serves to this principle.

2. the formalization of relations of cooperation will require acceptance of the parties, made in organs of cooperation agreements or conventions.

Article 144. Cooperation techniques.

1 shall comply with the principle of cooperation in accordance with the techniques that interested Governments deem most appropriate, such as: to) the participation in cooperation, for the purpose of deliberating bodies and, where appropriate, agree on measures in subjects which have different competences public administrations.

(b) participation in advisory bodies of other public administrations.

(c) the participation of public administration in public bodies or entities dependent or related to other different administration.

(d) the provision of other public administrations, economic or personal means.


(e) the inter-administrative cooperation for the coordinated implementation of the rules governing a particular matter.

(f) the issuance of non-mandatory reports in order that different administrations to express their judgment on proposals or actions that have an impact on their competencies.

(g) the actions of cooperation in heritage, including changes of ownership and the transfer of goods, provided for in heritage legislation.

(h) any other provided for in the law.

2. in the conventions and agreements that formalize cooperation conditions and commitments that assume the parties that subscribe to them shall be provided.

3. each Government will keep updated an electronic record of cooperation in which they participate and bodies of conventions that have subscribed.

Section 2 technical organic of cooperation article 145. Cooperation bodies.

1. the cooperation bodies are bodies of multilateral or bilateral, composition of field general or special, consisting of representatives from the General Administration of the State, of the administrations of communities or cities of Ceuta and Melilla or, where appropriate, of local authorities, to agree on actions that improve the exercise of the powers that every Government has voluntarily.

2. the bodies of cooperation shall be governed by the provisions of this law and the specific provisions that are applicable.

3. them organs of cooperation between different administrations public in which participate it Administration General of the State, must sign is in the record state of organs and instruments of cooperation so is valid your session constituent.

4. them organs of cooperation, except opposition by any of the parties, may adopt agreements through a procedure simplified and by subscription successive of them parts, by any of them forms admitted in right, in them terms that is established of common agreement.

Article 146. Conference of Presidents.

1. the Conference of Presidents is a body of multilateral cooperation between the national Government and the respective Governments of the autonomous communities and is formed by the President of the Government, which presides over it, and by the Presidents of the autonomous communities and cities of Ceuta and Melilla.

2. the Conference of Presidents has by object the deliberation of affairs and the adoption of agreements of interest for the State and them communities autonomous, being assisted for the preparation of its meetings by a Committee preparatory of which form part a Minister of the Government, that it presides over, and a counselor of each community autonomous.

Article 147. Sectoral conferences.

1. the sectoral Conference is an organ of cooperation, multilateral composition and particular sectoral scope, bringing together, as President, the Member of the Government that, on behalf of the General Administration of the State, is competent by reason of the matter, and to the corresponding members of the Councils of Government, on behalf of the autonomous communities and the cities of Ceuta and Melilla.

2. them conferences sectoral, u organs subject to its regime legal with another denomination, have of sign is in the record electronic State of organs and instruments of cooperation for its valid Constitution.

3. each sectoral Conference will have a regulation of organisation and internal operation approved by its members.

Article 148. Functions of the sectoral conferences.

1. the sectoral conferences may exercise oriented consultative, decision-making or coordination functions to reach agreements on common subjects.

2 in particular, sectoral conferences shall, inter alia, the following functions: to) be informed of the draft law and the draft regulations of the Government of the nation or the advice of Government of the autonomous communities when they affect directly to the area of competence of other public administrations or as well is provided in the applicable sectoral legislation , well through its full either through the Commission or the Group of work term to the effect.

(b) establish plans specific of cooperation between communities autonomous in the matter sectoral corresponding, trying to the Suppression of duplication, and the achievement of a better efficiency of them services public.

(c) exchange of information on the actions planned by the different public administrations, in exercise of its powers, and which may affect the other administrations.

(d) establish mechanisms for the exchange of information, particularly statistical content.

(e) agree on the internal organization of the sectoral Conference and its method of work.

(f) fix the objective criteria that serve as a basis for territorial distribution of budget appropriations, as well as its distribution at the beginning of the financial year, in accordance with provisions in the Law 47/2003, of 26 November.

Article 149. Call of the meetings of the Conference sectoral.

1. corresponds to the Minister that chair the Conference sectoral agree the call of them meetings by initiative own, unless one time to the year, or when it request, at least, the third part of its members. In the latter case, the application shall contain the agenda proposal.

2. the call, which should be accompanied by the necessary documents in advance, shall contain the agenda scheduled for each session, while issues not listed therein, unless all members of the sectoral Conference manifest their conformity can be examined. The agenda of each meeting will be proposed by the President and must specify the character consultative, decision-making or coordination of each one of the issues to be treated.

3. when the sectoral Conference would meet with the sole purpose to inform a policy project, the call, the Constitution and adoption of agreements may be made by electronic, telephonic or audiovisual media that guarantee the intercommunication between them and the unity of the Act, such as videoconferencing or e-mail, understanding the agreements adopted in the place where is the Presidency , in accordance with the procedure established in the rules of the inner workings of the sectorial Conference.

In accordance with the provisions of this paragraph processing and referral of proceedings may be made by electronic means.

Article 150. Secretariat of the sectoral conferences.

1. each sectoral Conference will have a Secretary who shall be appointed by the Chair of the sectoral Conference.

2 corresponds to the Secretary of the sectoral Conference, at least, the following functions: to) prepare the meetings and to assist them with voice but without vote.

(b) carry out the convening of sessions of the sectoral Conference by order of the President.

(c) receive the acts of communication the members from the sectoral Conference and, therefore, notifications, requests for data, corrections, or any other kind of writing that should have knowledge.

(d) drafting and authorize the minutes of meetings.

(e) issue certifications of the consultations, recommendations and agreements approved and guarding the documentation generated on the occasion of the celebration of their meetings.

(f) how many other functions are inherent to their status as Secretary.

Article 151. Kinds of decisions of the Conference sector.

1. the adoption of decisions will require the prior vote of them members of the Conference sector. This vote is will produce by the representation that each administration public have and not by the different members of each an of them.

(2. them decisions that adopt the Conference sectoral may take the form of: to) Agreement: means a commitment of performance in the exercise of them respective skills. Are of forced compliance and directly enforceable in accordance with it planned in the law 29 / 1998, of 13 of July, regulatory of the jurisdiction administrative, except for who have voted in against while not decide to sign them with after. The agreement will be certified in Act.

When the General Administration of the State to exercise functions of coordination, in accordance with the constitutional order of distribution of competences of the respective material field, the agreement adopted in the sectoral Conference, and which will include the specific votes that have been formulated, will be mandatory for all public administrations of the sectoral Conference, regardless of the direction of their vote being enforceable in accordance with the provisions of law 29/1998, of 13 July. The agreement will be certified in the minutes.

Sectoral conferences may adopt joint plans of multilateral character, between the General Administration of the State and the autonomous communities, to undertake joint actions for the achievement of the common objectives, which will be the nature of the sectoral conference agreement and will be published in the «Official Gazette».

Plans approval agreement shall specify, according to its nature, the following elements, as laid down by the budgetary legislation: 1 the objectives of interest to meet.

2. the actions to be developed by each administration.

3rd contributions of personal media and materials of each administration.


4th the commitments of providing financial resources.

5 the duration, as well as the mechanisms of monitoring, evaluation and modification.

(b) recommendation: aims to express the opinion of the sectoral Conference on an issue that is subject to your inquiry. Members from the sectoral Conference agree to guide its action in this area in accordance with the provisions of the recommendation except those who have voted against while they choose not to sign it later. If any member is away of the recommendation, must motivate it and incorporate such justification in the corresponding record.

Article 152. Commissions sectoral and groups of work.

1. the sectoral Committee is the body of work and general support of the sectoral Conference, being constituted by the Secretary of State or superior body of the General Administration of the State designated by the appropriate Minister, who will preside over it, and a representative of each autonomous community, as well as a representative of the city of Ceuta and Melilla city. The exercise of the functions of the Secretariat of the sectoral Committee shall be an official of the corresponding Ministry.

If so provided for in the internal rules of operation of the sectoral Conference, sectoral committees and working groups can work electronically or by telephone or audiovisual, media that guarantee the intercommunication between them and the unity of the Act, such as videoconferencing or e-mail, understanding the agreements adopted in the place where is the Presidency , in accordance with the procedure that is set in the regulation of operation internal of the Conference sector.

2 the sectoral Committee shall exercise the following functions: to) the preparation of meetings of the sectoral Conference, for what will be the matters included in the agenda of the call.

(b) the follow-up of the agreements adopted by the Conference sector.

(c) the monitoring and evaluation of established working groups.

(d) any other which entrusted the Sectorial Conference.

3. the sectoral conferences may create working groups, of either permanent or temporary, formed by Directors-General, Assistant Directors-General or equivalents of the different public administrations that are part of this Conference, to carry out the technical tasks that assigned the sectoral Conference or the sectoral Commission. To these groups of work may be invited experts of renowned prestige in the matter to treat.

He director of the Group of work, that will be a representative of the Administration General of the State, may request with the vote favorable of it most of their members, the participation in the same of them organizations representative of interests affected, to collect proposed or formulate queries.

Article 153. Bilateral cooperation committees.

1. the bilateral cooperation committees are organs of cooperation of bilateral composition meeting, by an equal number of representatives, members of the Government, on behalf of the General Administration of the State, and the Council of Government of the autonomous community members or representatives of the city of Ceuta or Melilla city.

2. the bilateral cooperation committees exercise functions of consultation and adoption of agreements which have as their object the improvement of the coordination between the respective administrations in matters that affect uniquely-shaped to the autonomous city of Ceuta or Melilla city.

3. for the development of its activity, the bilateral cooperation committees may establish working groups convened and could adopt agreements by videoconference or by electronic means.

4. the decisions taken by the bilateral cooperation committees shall take the form of agreements and will be compulsory when it is so expressly provides for two administrations which have agreed it and in that case shall be enforceable in accordance with provisions of law 29/1998, of 13 July. The agreement will be certified in the minutes.

5. the provisions of this article shall apply without prejudice to the peculiarities which, according to the basic purposes planned, laid down in the statutes of autonomy in matters of organization and functions of bilateral commissions.

Article 154. Territorial commissions of coordination.

1 when the proximity territorial or the concurrence of administrative functions required, may be set up territorial commissions for coordination of multilateral composition, between administrations whose territories are overlapping or adjacent, to improve the coordination of the provision of services, prevent duplication and improve the efficiency and quality of services. En_funcion_de the administrations affected by reason of the matter, these committees may be formed by: to) representatives from the General Administration of the State and representatives of the local authorities.

(b) representatives of the communities autonomous and representatives of the entities local.

(c) representatives of the General Administration of the State, autonomous communities and representatives of local authorities.

2. the decisions of the territorial commissions of cooperation shall take the form of agreements, which will be certified in the minutes and will be mandatory for Governments that sign it and payable in accordance with the provisions of law 29/1998, of 13 July.

3. the regime of the calls and the secretariat will be the same that laid down in the articles 149 and 150, Conference except the planned rule on who should perform the duties of Secretary to be appointed according to its rules of operation.

CHAPTER IV electronic relationships between the administrations article 155. Transmissions of data between public administrations.

1. in accordance with the provisions of the organic law 15/1999, of 13 December, of protection of data of a Personal nature and its implementing regulations, each administration shall provide remaining public authorities access to data relating to interested parties who work in his possession, specifying the conditions, protocols and functional or technical requirements needed to access such data with the maximum guarantees of security integrity, and availability.

2. the availability of such data will be limited strictly to those that are required to them interested by them remaining administrations for the processing and resolution of them procedures and performances of its competition, in accordance with the regulations regulatory of them same.

3. the General State administration, regional administrations and local authorities, shall take the necessary measures and incorporate precise technologies to enable the interconnection of their networks in order to create a communications network that interconnect the information systems of public administrations and enable the exchange of information and services between them in their respective fields as well as the interconnection with the networks of the institutions of the European Union and other Member States.

Article 156. National scheme of interoperability and security national scheme.

1. the national interoperability scheme comprises the set of criteria and recommendations on safety, conservation, and standardization of information, formats and applications that must be taken into account by public administrations for technological decision-making that guarantee interoperability.

2. the national security scheme aims to establish the security policy on the use of electronic means in the scope of the present law, and consists of the basic principles and minimum requirements that adequately ensure the safety of the treated information.

Article 157. Reuse of systems and applications owned by the administration.

1. administrations be made available either of them so requests applications, developed by its services or that they have been hiring and whose intellectual property rights are holders, unless the information to which they are associated is subject to special protection in a standard. The administrations assignors and authorities may agree the impact of the cost of acquisition or manufacturing of them applications ceded.

2. them applications to which is concerns the paragraph previous may be declared as of sources open, when of this is derive a greater transparency in the operation of the Administration public or is further with this the incorporation of them citizens to the society of the information.

3. the administrations public, prior to the acquisition, development and maintenance throughout the application life cycle, whether held with own means or by hiring the appropriate services, should be consulted in the general directory of applications, dependent of the General Administration of the State, if there are solutions available for reuse that meet fully or partially needs, improvements or updates that are intended to cover, and whenever the technological requirements of interoperability and security permits.


This directory shall include both the applications available from the General Administration of the State and those available in the applications of the other administrations integrated directories.

If there is a solution available for total or partial re-use, public administrations will be forced to use, except that the decision not to reuse it is justified in terms of efficiency in accordance with article 7 of the organic law 2/2012, April 27, of budgetary stability and financial sustainability.

Article 158. Transfer of technology between administrations.

1. the administrations public keep directories updated of applications for your free reuse, of conformity with it willing in the scheme national of interoperability. These directories should be fully interoperable with the directory general of the Administration General of the State, so is ensure its compatibility computer and interconnection.

2 General Administration of the State, will hold a general directory of applications for reuse, support for free re-use of applications and will boost the development of applications, formats, and common standards in the framework of the national frameworks of interoperability and security.

First additional provision. Administration of the historical territories of the Basque country.

In the autonomous community of the Basque country, for the purposes of the second article, public administrations means the territorial Governments and institutional administrations of them dependent or related.

Second additional provision. Delegates of the Government in the cities of Ceuta and Melilla.

1. in the cities of Ceuta and Melilla there will be a delegate of the Government that will represent to the Government of the nation in its territory.

2. the provisions contained in this law that make reference to the delegates of the Government in the autonomous communities is to be understood also referred to the delegates of the Government in the cities of Ceuta and Melilla.

3. in the cities of Ceuta and Melilla there will be a Commission of assistance to the delegate of the Government, chaired by himself and comprising the Secretary-General and leaders of the territorial services. Its sessions must attend holders bodies and territorial, both integrated and non-integrated services deemed appropriate by the delegate of the Government.

Third additional provision. 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 shall apply to the relations with the cities of Ceuta and Melilla insofar as it affects the exercise of bylaws assumed competences.

Fourth additional provision. Adaptation of existing State agencies and entities.

All entities and agencies that make up the public sector existing at the time of the entry into force of this law must adapt to the contents within the period of three years starting from its entry into force, be governed until the adaptation by its specific regulations.

The adaptation is will be preserving them current specialties of them agencies and entities in matter of personal, heritage, regime budgetary, accounting, control financial and of operations as agent of funding, including, concerning these last, the submission, in its case, to the ordering legal private. Specialities are preserved whenever they had not generated significant flaws in the control of income and expenditure that cause a situation of financial imbalance at the moment of its adaptation.

The entities that did not have the consideration of contracting authority, preserved this specialty as long as it is consistent with Community legislation.

Entities having as purpose the promotion of the internationalization of the economy and the Spanish company preserved also and with the same limitations specialties in aid as long as they do not oppose legislation.

Fifth additional provision. Shared management of common services of the existing State agencies.

1. the public agencies of the State public sector to the entry into force of this law will share the Organization and management of their services except that the decision not to share them is justified, in a report prepared for the purpose and that will go to the Ministry of finance and public administration, in terms of efficiency, in accordance with article 7 of the organic law 2/2012 , 27 April, on reasons of national security, or when the Organization and shared management affect services that must be provided independently in accordance with the independence of the public body.

2 Organization and shared management of common services to those referred to in article 95 may be of the following ways: to) through their coordination by the Department with competence in matters of public finance or by an autonomous body linked or dependent on it.

(b) through its coordination by the Department to which it is linked, or that depend on the public body.

(c) through their coordination by the public body to which it is linked, or which belongs in turn the public body.

Provision additional sixth. Transformation of the media themselves State existing.

All them entities and agencies public that in the time of the entry in force of this law have the condition of half own in the field State must adapt is to it planned in this law in the term of six months to count from its entry in force.

Seventh additional provision. Register electronic State of organs and instruments of cooperation.

1. the Administration General of the State will keep updated a record electronic of them bodies of cooperation in which participates she or any of their agencies public or entities linked or dependent and of conventions concluded with the rest of administrations public. This record will be dependent of the Secretary of State's administrations public.

2. the creation, modification or extinction of 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 agencies or entities linked or dependent must be communicated by the body that has signed it, in the period of fifteen days from occurring the inscribable fact , to the register electronic State of organs and instruments of cooperation.

3. them departments Ministerial that exercise the Secretariat of them organs of cooperation must communicate to the record before the 30 of January of each year the organs of cooperation that have extinguished.

4. the Minister of Hacienda and administrations public rise annually to the Council of Ministers a report on the activity of them bodies of cooperation existing, as well as on them conventions force starting from them data and analysis provided by the record electronic State of organs and instruments of cooperation.

5. the cooperation bodies and existing agreements have within six months, starting from the entry into force of the Act, to apply for registration in this register.

6. the organs of cooperation that have not met within a period of five years from its creation or within a period of five years from the entry into force of this law shall be extinguished.

The eighth additional provision. Adaptation of existing agreements signed by any public administration and registration of agencies and entities in the inventory of State, regional and Local Public Sector entities.

1. all existing agreements signed by any public administration or any of its agencies or organizations linked or dependent must adapt to the here provided within the period of three years from the entry into force of this law.

Still, this adaptation will be automatic, in what refers to the date of entry into force of the Convention, by direct application of the rules provided for in the 49.h article). 1st to conventions which had not given a term or a tacit extension to exist, had established indefinitely at the time of the entry into force of this law. In these cases the term of the agreement shall be four years starting from the entry into force of this law.

2. all agencies and entities, linked or dependent on any public administration and any that is its legal nature, existing at the time of the entry into force of this law shall be entered in the inventory of entities of the Sector public State, regional and Local in within three months from that entry into force.

Ninth additional provision. Sectorial Commission of eGovernment.

1. the sectoral Committee on electronics, dependent of the sectoral Conference on public administration management, is the technical organ of cooperation of the General Administration of the State, the administrations of the autonomous communities and local authorities in the field of eGovernment.

2. the sectoral Commission on eGovernment will develop, at least the following functions:


(a) ensure the compatibility and interoperability of the systems and applications used by public administrations.

(b) promote the development of electronic administration in Spain.

(c) ensure the cooperation between the administrations public to provide information administrative clear, updated and unequivocal.

3. where by reason of the treated materials, it is of interest, it may invite organizations, corporations or social agents deemed it appropriate in each case to participate in the deliberations of the sectoral Commission.

Tenth additional provision. Contributions to the consortia.

When public administrations or any of its agencies or organizations linked or dependent members of a consortium, they will not be required to make the contribution to the capital fund or financing which have committed themselves to the current period if any of the other members of the Consortium had made all of their monetary contributions corresponding to periods prior to those that are required.

Eleventh additional provision. Conflicts of intraministeriales powers.

1. the positive or negative conflicts of powers between organs of a Ministry shall be resolved by the hierarchical superior common within the period of ten days, unless recourse to fit.

2. in them conflicts positive, the organ that is consider competent will require of inhibition to which know of the affair, who suspended the procedure for a term of ten days. If within that period you accept the request, will forward the file to the requesting. If deemed competent, will forward followed Act actions common hierarchical superior.

3. in negative conflicts, organ that is deemed incompetent directly forward actions to the authority deemed competent, who will decide within ten days and, where appropriate, be considered, in addition, incompetent, shall then record with his report the common hierarchical superior.

4. those interested in the procedure address these conflicts pursuant to article 14.

Twelfth additional provision. Legal of the port authorities and ports of the State regime.

Port authorities and ports of the State shall be governed by its specific legislation, by the provisions of the Law 47/2003, of 26 November, which they are applicable and, Additionally, by the provisions of this law.

Thirteenth additional provision. Legal regime of the management entities and common services of the Social Security.

1. to the managing bodies, common services and other agencies or entities belonging to the Social Security Administration in accordance with the law, it will be application estimates of this law relating to autonomous bodies, except as provided in the following paragraph.

2. the regime of personnel, financial, patrimonial, budgetary and accounting, participation in management, as well as legal assistance, will be established by specific legislation, by law 47/2003, of 26 November, General budget, in the subjects that is application, and additionally by this law.

Fourteenth additional provision. The military organization and the delegations of Defense.

1. the military organization is governed by its specific legislation and by bases established by the law 5/2005 of 17 November organic, national defense.

2. the delegations of defence will remain integrated into the Ministry of Defense and will be governed by its specific regulations.

Fifteenth additional provision. Military personnel of the armed forces and the National Intelligence Center.

References in articles 63, 65, 66 and 67 of this Act are career officers belonging to the subgroup A1 will include military personnel of the armed forces belonging to bodies and scales with an equivalent to that category.

These regulatory provisions shall also be applicable to the personnel of national belonging to the subgroup A1 Intelligence Center, according to the statutory regulations.

Sixteenth additional provision. Territorial services integrated into the Government's delegations.

The territorial services which, at the entry into force of this law, were integrated into the Government's delegations will continue in this situation, being applicable thereto as provided in this law.

Seventeenth additional provision. Legal regime of the State tax administration agency.

The State tax administration agency will be governed by its legislation specific and only supplementary shaped and as is compatible with their specific legislation as provided in this law.

Access to, the transfer or communication of information of a tax nature shall be governed in any case by its specific legislation.

Eighteenth additional provision. Legal regime of the National Intelligence Center.

The administrative action of the competent organs of the National Intelligence Centre is governed by provisions in its specific legislation and matters not provided for therein, insofar as is compatible with its nature and functions, as provided in this law.

Nineteenth additional provision. Legal status of the Bank of Spain.

The Bank of Spain as a national central bank shall be governed, first, by provisions of the Treaty on the functioning of the Union European, the Statute of the European system of central banks and of the European Central Bank, the Regulation (EU) No. 1024 / 2013 Council, on October 15, 2013 and the law 13/1994 of 1 June , of the autonomy of the Bank of Spain.

In matters not provided for in rules concerned and as is compatible with its nature and functions shall apply as provided in this law.

Twenty additional provision. Legal regime of the Fund for orderly bank restructuring.

The Fund for orderly bank restructuring will be considered administrative authority independent in accordance with provisions in this law.

Additional provision twenty-first. Government colleges.

The provisions contained in this law relating to the colleges will not be applicable to bodies chartered of the Government of the nation, the collegiate bodies of Government of the autonomous communities and the collegiate governing bodies of local authorities.

Twenty-second additional provision. Administrative action of constitutional organs of State and legislative bodies and control autonomic.

The administrative action of the competent organs of the Congress of Deputies, of the Senate, the Council General of the judiciary, the Constitutional Court, the Court of Auditors, the Ombudsman, the legislative assemblies of the autonomous communities and the autonomous institutions similar to the Court of Auditors and the Ombudsman, shall be governed as provided in their specific legislation , within the framework of the principles underlying the administrative action in accordance with this law.

First transitional provision. Composition and classification of the institutional public sector.

The composition and classification of State institutional public sector envisaged in article 84 shall apply only to public bodies and members of the State institutional public sector entities that are created after the entry into force of the law and those who have adapted in accordance with the provisions of the fourth additional provision.

Second transitional provision. Entities and existing public bodies.

1. all agencies and entities of the public sector at the time of the entry into force of this law will continue to be governed by its specific legislation, including the budget legislation that was applied, to its adaptation to the provisions of the law as laid down by the fourth additional provision.

(2. However, as is not contrary to its specific rules: a) public bodies existing at the time of the entry into force of this law and from that moment apply the principles established in chapter I of title II, the system of control provided for in article 85 and 92.2, and the provisions of articles 87 94, 96, 97 if they transform merged, dissolved, or settled after the entry into force of this law.

(b) State commercial companies, consortia, foundations and funds without legal status existing at the time of the entry into force of this law shall apply from that moment on, respectively, the provisions of chapter V and chapter VI, Chapter VII Chapter VIII of title II.

Third transitional provision. Procedures of developing standards in the General Administration of the State.

Procedures for the development of standards that they may be in the pipeline in the General Administration of the State to the entry into force of this law shall be conducted pursuant to the regulations in force at the time they were started.

Fourth transitional provision. Transitional arrangements of the amendments made to the ninth final disposition.


It willing in it available end ninth will be of application to them records of recruitment initiated with subsequently to the entry in force of such provision. These purposes means that records of recruitment have been initiated if it had published the corresponding call of the procedure for the award of the contract. In the case of procedures negotiated, to determine the time of initiation is take in has the date of approval of them spreads.

Sole repeal provision. Repeal legislation.

They are hereby repealed many provisions of equal or lower rank they oppose, contradict or are inconsistent with the provisions of this law and, in particular: to) Article 87 of the law 7/1985, of 2 April, regulating the Bases of the regime Local.

(b) article 110 of the revised text of the legal regulations in the field of Local Government, approved by the Royal Decree legislative 781/1986, of 18 April.

c) Law 6/1997, of 14 April, organization and functioning of the General Administration of the State.

(d) articles 44, 45 and 46 of the Law 50/2002, of 26 December, foundations.

(e) Law 28 / 2006, of 18 of July, of agencies State for the improvement of them services public.

(f) articles 12, 13, 14 and 15 and available to additional sixth law 15/2014, 16 September, rationalization of the Public Sector and other administrative reform measures.

((g) article 6.1. f), the third additional provision, the second transitional provision, and the fourth transitional provision of the Royal Decree 1671 / 2009, dated November 6, which is partially developed law 11/2007, of 22 June, electronic access of citizens to public services.

(h) items 37, 38, 39 and 40 of the Decree of 17 June 1955, which approves the regulation of services of local corporations.

Up to which, in accordance with the provisions of the additional provision fourth, end the period of adaptation of the existing in the State public sector agencies, you will be kept in force the law 28/2006, of July 18.

First final provision. Modification of the law 23/1982, of 16 June, regulating the national heritage.

Paragraph one of the eighth article of the law 23/1982, of 16 June, regulating the national heritage, shall be worded as follows: 'one. The Council of administration of the heritage national will be constituted by its President, the Manager and by a number of vocal not superior to thirteen, all which must be professional of recognized prestige. To the President and to the Manager les will be of application it established in the article 2 of the law 3 / 2015, of 30 of March, regulatory of the exercise of the high charge of the Administration General of the State, and must perform is your appointment between officials of career of the State, of them communities autonomous or of them entities local, belonging to bodies classified in the subgroup A1.

Two of the members, however, must come from museums and cultural institutions of recognised prestige and international projection. Also, two of the members, at least, shall attend the condition of mayors of municipalities in whose municipality is situated historic property of the national heritage.

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.»

Second final provision. Modification of the Royal Decree-Law 12/1995, of 28 December, on urgent budgetary, tax and financial measures.

One. Is adds a new paragraph three to the available additional sixth, renumerando are the paragraphs three to six as four to seven. Paragraph 3 shall have the following wording: «three. Council General.

1. the official credit Institute will be governed by a General Council, which will be responsible for the higher direction of its administration and management.

2. the Council General will be formed by the President of the entity, that it will be also of the Council, and ten vocal, and will be assisted by the Secretary and, in his case, the Deputy Secretary of the same.

All the members of the General Council will always act in the interests of the Instituto de crédito Oficial in the exercise of their functions as members of the General Council.

3. the appointment and dismissal of the members of the General Council is the Council of Ministers, on a proposal from the Minister of economy and competitiveness, to appointed them among persons of recognized standing and professional competence in the field of activity of the official credit Institute.

4. four of the ten members of the Council shall be independent. For this purpose, it means independent that that not is personal to the service of the Sector public.

5. the mandate of the independent members shall be three years, after which will fit a single re-election.

Regulations shall be the causes for dismissal of these vowels, as well as the legal regime to which the members of the General Council are subject.

«6. each one of them vocal independent available of two votes exclusively for the adoption of agreements relating to operations financial of active and passive own of the business of the Institute.»

Two. Is adds a new provision transient, that will have the following wording: «available transient fifth.» Operations and duties in force.

The modification of the provision additional sixth of the Real Decree-Law 12 / 1995, of 28 of December, introduced by the available end second of the law 40 / 2015, of 1 of October, of regime legal of the Sector public, not will affect to the regime of them operations of the Institute of credit official currently in force, without by this is modify them terms and conditions of them contracts and conventions subscribed.

Additionally, remain the responsibilities, powers and delegations conferred by the General Council, other authorities and the Instituto de crédito Oficial bodies until the General Council decides, if necessary, review.

The directors that the entry into force of the second final provision of the law 40/2015, on 1 October, of legal regime of the Public Sector, were part of the General Council of the Institute of official credit until will continue in the exercise of its functions be appointed who would happen to them.»

Available to finish third. Modification of the Law 50/1997, of 27 November, the Government.

Law 50/1997, of 27 November, the Government, is hereby amended as follows: one. The second paragraph of article 4 is drawn up in the following terms: "2. in addition the Ministers holders of a Department, may exist Ministers without portfolio, to which they will be the responsibility of certain government functions." In the event that there are Ministers without portfolio, by Royal Decree will determine the scope of their powers, the administrative structure, as well as the personal and material resources that are assigned to the same.»

Two. Amending article 5 which is worded as follows: «article 5. Of the Council of Ministers.

1 the Council of Ministers, as a collegiate body of the Government, it is the exercise of the following functions: to) approve projects of law and their referral to the Chamber of deputies or, where appropriate, to the Senate.

(b) approve the Bill of the State budget.

(c) approve the Royal Decree and the Royal legislative decrees.

(d) agree to the negotiation and signing of international treaties, as well as its provisional application.

(e) submit international treaties to the Cortes Generales under the terms provided for in articles 94 and 96.2 of the Constitution.

(f) declare States of alarm and exception and propose to the Congress the Declaration of a State of siege.

(g) provide for the issuance of public debt or contract credit, when it has been authorized by a law.

(h) approve the regulations for the development and implementation of laws, after obtaining the opinion of the Council of State, as well as other regulations that apply.

(i) create, modify and delete the governing bodies of the various ministerial departments.

(j) adopt programmes, plans and binding guidelines for all organs of the General Administration of the State.

(k) to exercise many other powers confer you the Constitution, laws, and any other provision.

2. at the meetings of the Council of Ministers may attend the Secretaries of State and exceptionally other senior officials, when they are summoned to do so.

3. the deliberations of the Council of Ministers shall be secret."

3. The second paragraph of article 6 is worded in the following terms: «(2. El Real Decreto de creación de una Comisión Delegada deberá especificar, en todo caso: a) member of the Government who assumes the Presidency of the Commission.»

(b) the members of the Government and, in his case, Secretaries of State that it integrated.

(c) the functions that are attributed to the Commission.

(d) the Member of the Commission to which is the Secretariat of the same.

«(e) the regime internal of operation and in particular the of calls and substitutions.»

Four. It paragraph second of the article 7 is drafted in the following terms: «2. Act low the address of the holder of the Department to which belong.» «When are attached to the Presidency of the Government, act under the direction of the President.»

5. The article 8 is worded in the following terms:


«Article 8. Of the Commission General of Secretaries of State and undersecretaries.

1. the General Committee of State Secretaries and undersecretaries will be made by holders of the Secretaries of State and under-secretaries of the various ministerial departments.

Also will assist the Attorney General of the State and those senior officials with the rank of Secretary of State or Secretary level to be convened by the Chairman by reason of the matter concerned.

2. the Presidency of the Commission General of Secretaries of State and undersecretaries corresponds to a Vice President of the Government or, in its defect, to the Minister of the Presidency. In case of absence of the President of the Commission, the Presidency will be held by the Minister that corresponds according to the order of precedence of the various ministerial departments. Not is means by absence the disruption transient in the assistance to the meeting of the Commission. In this case, functions that could correspond to the President shall be exercised by the following authority on this range, in accordance with the order of precedence of the various ministerial departments.

3. the Secretariat of the General Committee of State Secretaries and under-secretaries shall be exercised by the Deputy Minister of the Presidency. In case of absence, vacancy, or disease, the Director of the Secretariat of the Government it will act as Secretary.

4. the deliberations of the Commission General of Secretaries of State and Secretaries will be reserved. In any case, the Commission may adopt decisions or agreements by the Government delegation.

(5. corresponds to the Commission General of Secretaries of State and undersecretaries: to) the examination of all them issues that go to submit is to approval of the Council of Ministers, except them appointments, cease, promotions to any of them jobs of the category of official General and those that, exceptionally and by reasons of urgency, must be subject directly to the Council of Ministers.

(b) the analysis or discussion of those matters which, without being the competence of the Council of Ministers or their delegates commissions, affect several ministries and are submitted to the Commission by its Chairman."

6. Amending article 9 which is worded as follows: «article 9. Of the Secretariat of the Government.

(1. the Secretariat of the Government, as organ of support of the Council of Ministers, of them commissions delegated of the Government and of the Commission General of Secretaries of State and undersecretaries, shall exercise the following functions: to) the assistance to the Secretary of the Council of Ministers.

(b) the referral of requests to different members of the colleges listed above.

(c) collaboration with the secretariats techniques of those committees delegates of the Government.

(d) the file and custody of notices, agendas and minutes of meetings.

(e) to ensure compliance with the principles of good regulation applicable to regulatory initiatives and contribute to the improvement of the technical quality of the provisions approved by the Government.

f) ensure correct and accurate publication of the provisions and standards emanating from the Government that should be inserted in the "Boletín Oficial del Estadoˮ.

2 in addition, the Secretariat of the Government, as a body to assist the Minister of the Presidency, shall exercise the following functions: a) the formalities relating to the sanction and actual enactment of laws passed by the Cortes Generales and the issuance of royal decrees.

(b) the processing of the acts and provisions of the King whose endorsement corresponds to the Prime Minister.

(c) the processing of the acts and provisions that the legal system attributed to the competence of the President of the Government.

3. the Secretariat of the Government is integrated into the structure of the Ministry of the Presidency, as it expected in the Royal Decree of the Ministry structure. Assistant Secretary of the General Commission of Secretaries of State and under-secretaries shall be exercised by the Director of the Secretariat of the Government.

4. in accordance with its assigned functions and in accordance with the rules governing the preparation of the general provisions, the Secretariat of the Government will propose to the Minister of the Presidency the approval of instructions that can be followed for the handling of affairs before the collegiate bodies of the Government and others referred to in the second paragraph of this article. Instructions shall expressly provide the form of documented proposals and agreements adopted by electronic means, which shall ensure the identity of the bodies involved and the contents fehaciencia.»

Seven. Article 10 is drawn up in the following terms: '10. Cabinets.

1. cabinets are organs of political and technical support of the President of the Government, Vice-Presidents, Ministers and Secretaries of State. Cabinets members perform tasks of confidence and special advice without that in any case they can adopt acts or resolutions legally corresponding to the organs of the General Administration of the State or the organizations attached to it, without prejudice to their attendance or membership of bodies that administrative decisions. The heads of cabinets may also dictate the administrative acts of the head of unit who run.

Particularly, cabinets lend their support to the members of the Government and State Secretaries in the development of his political work, the fulfilment of the tasks of parliamentary character and its relations with the institutions and the administrative organization.

The Cabinet of the Presidency of the Government shall be governed by Royal Decree of the President which will determine, among other aspects, its structure and functions. The rest of cabinets is regulated by it willing in this law.

2. the directors of Cabinet will have the organic level to be determined according to the rules. The other members of the Cabinet will have the situation and administrative degree appropriate under applicable law.

3. the remuneration of the members of the cabinets are determined by the Council of Ministers within budget allocations laid down to the effect adapting, in any case, to the remuneration of the General Administration of the State.»

8. Amending article 11 with the following wording: «article 11. Access to cargo requirements.

«To be a member of the Government is required to be Spanish, age, enjoy the rights of active and passive suffrage, as well as not be disabled to exercise employment or public office by judicial judgement and meet the rest of suitability requirements provided for in the Act 3/2015, 30 March, regulating the exercise of the high office of the General Administration of the State.»

Nine. The article 12 is worded in the following terms: «article 12.» Of the appointment and cessation.

1. the appointment and cessation of the President of the Government is will produce in the terms provided in the Constitution.

2. the Vice-Presidents and Ministers will be appointed and separated by the King, to proposal of the President of the Government. He appointment will lead the cessation in the since, in your case, is was playing, except when for them Vice-Presidents, is designated as such to a Minister that keep the ownership of the Department. When the termination of the previous charge applicable to the Council of Ministers, shall be recorded in this circumstance in the appointment of the new proprietor. The separation of them ministers without portfolio will take about the extinction of such organs.

3. the separation of them Vice-Presidents of the Government will take entail the extinction of such organs, except the case in that simultaneously is designated another Vice President in replacement of the separate.

«4. by Real Decree is will regulate the statute that was applicable to them Presidents of the Government after its cessation.»

10. The article 13 is worded in the following terms: «article 13.» Of the fallback.

1. in those cases of vacant, absence or disease, the functions of the President of the Government will be assumed by them Vice-Presidents, in accordance with the corresponding order of priority, and, in defect of them, by them ministers, according to the order of precedence of them departments.

2. the fallback of the Ministers to the ordinary office of the matters within its competence, shall be determined by Royal Decree of the President of the Government, and must be, in any case, another Member of the Government. The Royal Decree expressed inter alia the cause and character of the fallback.

3. no means absence transient interruption of attendance at a College meeting. In such cases, functions that could correspond to the Member of the Government during this situation shall be exercised by the following authority on this range.»

Eleven. Article 20 is worded as follows: «article 20. Delegation and avocation of competences.

1 may delegate the exercise of own powers: to) the President of the Government on behalf of the Vice-President or Vice-Presidents and Ministers.

(b) the Ministers in favor of the Secretaries of State and under-secretaries dependent on them, the delegates of the Government in the autonomous communities and other executive bodies of the Ministry).

2 also, are delegated on the proposal of the President of the Government administrative functions of the Council of Ministers in the Government's delegated commissions.

3 aren't in any case delegated the following competences:


to) the assigned directly by the Constitution.

(b) those relating to the appointment and separation of the high charges attributed to the Council of Ministers.

(c) attributed to the collegiate bodies of the Government, with the exception provided for in paragraph 2 of this article.

(d) the assigned by a law expressly prohibiting the delegation.

4. the Council of Ministers may arrogate to itself, a proposal from the President of the Government, knowledge of a subject whose decision corresponds to the delegated committees of the Government.

The certiorari will be made by reasoned agreement to the effect, which will be expressly on the decision reached in the exercise of the certiorari. The agreement of certiorari not be against, although he may contest in which, in his case, stands against the decision.»

12. Title V is drawn up in the following way: «TITLE V of legislative initiative and the regulatory authority of the Government article 22.» The exercise of legislative initiative and the regulatory authority of the Government.

The Government will exercise the initiative and the regulatory authority in accordance with the principles and rules laid down in Title VI of the law 39/2015, on 1 October, of the common administrative procedure of the public administrations and in this title.

Article 23. Entry into force provisions.

Without prejudice to the provisions of article 2.1 of the Civil Code, the provisions for entry into force of the laws and regulations, whose approval or proposal corresponds to the Government or its members, and that impose new obligations on natural or legal persons who perform an economic or professional activity as a result of the exercise, shall provide for the start of its entry into force on 2 January or July 1 following its approval.

Provisions of this article shall not apply to the Royal Decree, or when meeting the deadline for transposition of directives or other reasons justified so warrant it, and must keep this fact duly accredited in the respective memory.

Article 24. Shape 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 their members are of the following forms: to) Royal legislative decrees and Royal Decrees, decisions that approve, respectively, the rules provided for in articles 82 and 86 of the Constitution.

(b) actual decrees of the President of the Government, those provisions and acts whose adoption come attributed to the President.

(c) Royal Decrees agreed upon in Council of Ministers, decisions that approve regulations of this competition and the resolutions to be adopted this legal form.

(d) agreements of the Council of Ministers, decisions of this collegiate body which should not take the form of Royal Decree.

(e) resolutions adopted in committees delegates of the Government, the provisions and resolutions of such colleges. Such agreements shall take the form of order of the responsible Minister or the Minister of the Presidency, when competition corresponding to different Ministers.

(f) ministerial orders, the provisions and resolutions of Ministers. Where the disposition or decision affects several departments it will take the form of the order of the Minister of the Presidency, issued on the proposal of the Ministers concerned.

2. the regulations will be sorted according to the following hierarchy: 1 provisions approved by Royal Decree of the President of the Government or agreed in the Council of Ministers.

2. provisions adopted by Ministerial order.

Article 25. Annual regulatory plan.

1. the Government shall approve annually a regulatory Plan that will contain legislative or regulatory initiatives expected to be high for approval in the following year.

2. the annual regulatory Plan will identify, in accordance with the criteria established by regulation, the rules which will have to undergo an analysis of the results of their application, primarily attending the cost for Administration or the recipients and the administrative burdens imposed on the latter.

3. when it rises for approval by the competent authority a policy proposal that does not include in the annual regulatory Plan referred to in this article will need to justify this fact in the corresponding memory of regulatory impact analysis.

4. the annual regulatory Plan will be coordinated by the Ministry of the Presidency, in order to ensure the consistency of all the initiatives that are processed and prevent subsequent modifications of the legal regime applicable to a particular sector or area of activity within a short space of time. The Minister of the Presidency will raise the Plan to the Council of Ministers for approval before April 30.

By order of the Ministry of the Presidency will approve the models that contain the information to submit on each policy initiative for inclusion in the Plan.

Article 26. Procedure of elaboration of norms with range of law and regulations.

The elaboration of the draft Act, Royal Legislative Decree and regulations projects shall comply with the following procedure: 1. your writing will be preceded by many studies and consultations may be suitable to ensure the correctness and legality of the standard.

2 shall be dealt with a public consultation through the website of the competent Department, prior to the drafting of the text, where the perception of patients potentially affected by the future standard and the most representative organizations shall be sought about: to) problems that are intended to solve with the new standard.

(b) the need and opportunity to its approval.

(c) the objectives of the rule.

(d) the possible regulatory and non-regulatory alternative solutions.

It can be dispensed with the formality of public consultation provisions of this paragraph in the case of the development of budgetary or organisational standards of the General Administration of the State or dependent or related to these organizations when there are serious reasons of public interest justifying it, or when the policy proposal does not have a significant impact on economic activity do not impose obligations relevant to recipients or adjust partial aspects of a subject. Also you can be dispensed with this formality of consultation in the case of urgent processing initiatives regulations, as set out in article 27.2. The concurrence of one or more of these reasons, duly substantiated, be justified in the memory of the regulatory impact analysis.

The public consultation must be done in such a way that all potential recipients of the standard have the possibility to express their opinion, to which you must provide sufficient time, that in no case is less than fifteen calendar days.

3 the competent management centre shall draw up with mandatory character a memory of the analysis of regulatory impact, which should contain the following sections: to) opportunity proposal and alternatives to Regulation studied, which must include a justification of the need for the new standard against the alternative of not approving any regulation.

(b) content and legal analysis, with reference to the national law and the European Union, which will include the detailed list of rules that will be repealed as a consequence of the entry into force of the regulation.

(c) analysis of the suitability of the proposed rule to the order of distribution of powers.

(d) impact economic and budgetary, assess the consequences of its application on the sectors, groups or agents affected by the rule, including the effect on competition, the unity of market and competitiveness and its lace with current legislation at all times on these matters. This analysis will include the implementation of the SME test in accordance with the practice of the European Commission.

(e) in addition, identify the administrative burdens that entails the proposal, it will quantify the cost of compliance for the Administration and for the forced to bear them with special reference to the impact on small and medium-sized enterprises.

(f) the impact of gender, which will analyze and assess the results that are to follow approval of the standard from the perspective of the Elimination of inequalities and their contribution to the achievement of the objectives of equality of opportunities and treatment between women and men, from the indicators of situation, forecast results and forecast impact of.

(g) a summary of the main input received in the public consultation procedure regulated in paragraph 2.

The memory of the regulatory impact analysis will include any other end that could be relevant to criterion of the proposing body.

4 when the regulatory provision is a draft law or legislative Royal Decree project, completed the previous steps, the owner or owners of the proponents departments rise it, prior submission to the General Committee of the Secretaries of State and undersecretaries, the Council of Ministers, so that it may decide on further procedures and, in particular, on the consultations , opinions and reports that are suitable, as well as over the terms of its implementation, without prejudice to the legally mandatory.


When reasons of urgency so it advise, and whenever is have completed them procedures of character prescriptive, the Council of Ministers may dispense with of this and agree it approval of the draft of law or project of real Decree legislative and its remission, in his case, to the Congress of them members or to the Senate, according to correspond.

5 along the development of the standard procedure, the competent management centre shall seek, in addition to the reports and opinions that are mandatory, many studies and consultations may be suitable to ensure the correctness and legality of the text.

Unless regulation provided otherwise, the mandatory reports will be issued within a period of ten days, or a month when the report prompted other administration or an organ or organism endowed with spatial independence or autonomy.

The competent management Center may accordingly request the urgent issuance of reports, studies and consultations requested, and must they be issued within a period not exceeding half of the duration of those listed in the preceding paragraph.

In any case, the draft legislation, legislative Royal Decree projects and projects of regulatory provisions, shall be informed by the Secretary General technique of the Ministry or ministries proponents.

When the proposed regulations affect the administrative organization of the General Administration of the State, his regime of personnel, procedures and inspection of services, will also need to obtain the prior approval of the Ministry of finance and public administration before being subjected to the body competent to enact them. If within 15 days from receipt of the request for approval by the aforementioned Ministry had not made any objection, the approval shall be granted.

Also necessary prior report of the Ministry of finance and public administration will be when the rule might affect the distribution of powers between the State and the autonomous communities.

6. without prejudice of it consultation prior to the drafting of the text of the initiative, when it standard affect to them rights e interests legitimate of them people, the Center steering competent published the text in the portal web corresponding, to give audience to them citizens affected and get few contributions additional can do is by other people or entities. The opinion of organizations or associations recognized by law that grouped or representing persons whose rights or legitimate interests will join together affected by standard and whose purposes relate to direct its object should also be sought directly.

The minimum term of public information and this audience will be 15 working days, and may be reduced to a minimum of seven business days when duly motivated so reasons justify it; as well as when apply the urgent initiatives regulatory proceedings, as set out in article 27.2. This she must be recorded in the memory of the regulatory impact analysis.

The procedure of hearing and public information can only omitted when there are serious grounds of public interest, which must be justified in the memory of the regulatory impact analysis. Likewise, it shall not apply to the budgetary provisions or to regulate bodies, charges, and Government or authorities of dependent or related to these organizations.

7. it shall seek the opinion of the Council of State or equivalent advisory body when it was compulsory or is deemed suitable.

8 completed the previous procedures, the proposal shall be submitted to the General Committee of the Secretaries of State and under-secretaries and will rise to the Council of Ministers for approval and, in the case of bills, their referral to the Chamber of deputies or, where appropriate, to the Senate, accompanying an exhibition of motives and of the procedure documentation to referred to b) and d) of article 7 of law 19 / 2013, 9 December, transparency, access to public information and good government and its implementing regulations.

(9. the Ministry of the Presidency, to ensure the coordination and the quality of the activity normative of the Government will analyze them following aspects: to) the quality technical and the range of the proposed normative.

(b) the congruence of the initiative with the rest of the order legal, national and of the European Union, with others that are being developed in different ministries or to be done in agreement with the annual regulatory Plan, as well as which are processed in general courts.

(c) the need to include the express repeal of other standards, as well as recast in the new other existing at the same level.

(d) mandatory content of the memory of the regulatory impact analysis and, in particular, the inclusion of a systematic ex-post evaluation of the implementation of the standard where it is mandatory.

(e) compliance with the principles and rules laid down in this title.

(f) compliance or consistency of the initiative with the projects of reduction of administrative burdens or good regulation that have approved provisions or agreements of a general nature for the General Administration of the State.

(g) the possible excess of the regulatory initiative with respect to the content of the Community rule that transposing into domestic law.

Regulations will determine the composition of the body responsible for carrying out this function as well as its mode of intervention in the proceedings.

10. will they be retained in the corresponding administrative proceedings, in electronic format, the memory of the analysis of regulatory impact, reports and opinions collected for processing, as well as all the studies and issued consultations and other activities practiced.

11. the provisions of this article and in the following shall not apply to the processing and approval of decree-laws, with the exception of the development of memory referred to in paragraph 3, with abbreviated character, and the provisions of paragraphs 1, 8, 9 and 10.

Article 27. Urgent processing of policy initiatives in the field of the General Administration of the State.

1 Council of Ministers, on a proposal from the head of the Department which matches the regulatory initiative, may agree to the urgent processing of the procedure of elaboration and approval of draft legislation, Royal Decrees, legislative and Royal Decrees, in any of the following cases: to) when necessary so the rule comes into force within the period required for the transposition of Community directives or provided for in other laws or rules of law of the European Union.

(b) when there are other extraordinary circumstances which, not having been expected previously, require the urgent adoption of the standard.

The memory of the analysing effects accompanying the project shall mention the existence of the agreement of urgent processing, as well as the circumstances that will serve as basis.

2 processing by way of emergency will mean that: to) the time limits laid down for the implementation of the procedures of the procedure, established in this or another standard, will be reduced to half of its duration. If, in application of regulatory of the advisory bodies that they had issued opinion, required an agreement to require it within that period, it will be adopted by the competent authority; and if the Council of Ministers, it will pick up in the agreement referred to in paragraph 1 of this article.

(b) not be the public consultation procedure provided for in article 26.2, without prejudice to the implementation of procedures of public hearing or public information on the text referred to in the article 26.6, whose realization will be seven days.

(c) failure to issue an opinion or mandatory report in time will not prevent the continuation of the procedure, without prejudice to its possible incorporation and consideration when it is received.

Article 28. Annual evaluation report.

1. the Council of Ministers, on a proposal from the Ministry of the Presidency, shall adopt, before 30 April of each year, an annual report in which is reflected the degree of fulfillment of the annual regulatory Plan from the previous year, the initiatives that were not initially included in the Plan as well as those included in previous evaluation reports with multi-year targets that have produced at least part of their effects in the year that evaluates.

2. in the report will include the conclusions of the analysis of the application of the standards referred to in article 25.2, who, in accordance with their respective memory, have had to be assessed in the previous year. The assessment will depend on the terms and time limits set in the memory of the regulatory impact analysis and must include, in any case: to) the efficacy of the standard, meaning the measure in that it has achieved the purpose intended with his approval.

(b) the efficiency of the standard, identifying the administrative burdens which might not have been necessary.

(c) the sustainability of the provision.

The report may contain specific recommendations for modification and, in his case, abrogation of the evaluated standards, when the result of the analysis thus withholding it.»


Thirteen. Is adds a title VI in which is includes the article 26 current, that is families as article 29, and that is drafted from the following mode: «TITLE VI of the control of the Government article 29.» Of the control of the acts of the Government.

1. the Government is subject to the Constitution and to the rest of the legal system in all its action.

2. all acts and omissions of the Government are subject to political control of the Cortes Generales.

3. the acts, inactivity and the material actions constituting a way in fact the Government and regulated in this law bodies and authorities are contested before the administrative courts, in accordance with the provisions of its law governing.

4. the performance of the Government is challengeable before the Constitutional Court in the terms of the organic law governing the same.»

Fourth final provision. Modification of the Law 50/2002, of 26 December, foundations.

It paragraph 2 of the article 34 of the Law 50 / 2002, of 26 of December, of foundations, is drafted in them following terms: «2. them functions of protectorate with regard to them foundations of competition State will be exercised by the Administration General of the State through a unique organ administrative, in the form that regulations is determine.»

Available to finish fifth. Modification of the law 22 / 2003, of 9 of July, bankruptcy.

The law 22 / 2003, of 9 of July, bankruptcy, is modified in the following terms: one. Paragraph 1 of article 3 is worded as follows: ' 1. to request the Declaration of insolvency are entitled the debtor, any of its creditors and the bankruptcy mediator in the case of the procedure regulated in Title X of this law.»

If the debtor is a legal person, it shall be competent to decide on the request the organ of administration or liquidation.»

Two. Article 34 ter is worded as follows: «article 34 ter. Regime of the counts of warranty tariff.

1. the Ministry of Justice will manage the account of warranty tariff in the form determined by law, either directly or through third parties.

2. the management of the account and control of incomes and charges will take place through the software application to be determined by the Ministry of Justice. The application shall have appropriate mechanisms for control, security and supervision, and must guarantee the authenticity, confidentiality, integrity and availability of data, allowing the provision of funds through the issuance of telematic transfer orders and commands of payment as well as provide information about the movements and balances of the accounts.

3. in cases of lack of adequate resources or sudden technical impossibility, commandments of payment or transfer orders by hand using the standard forms may be issued.

4 tariff guarantee account will allow control of the contributions that correspond to the bankruptcy administrators. If in the time of the accountability of accounts the administrator bankruptcy not had made them income in it has to which was forced, the Secretary judicial you will urge that it make in the term of 10 days. «If within this period had not fulfilled their obligation, will be given low in the fourth section of the bankruptcy public record until appropriate to your payment.»

3. Paragraph 2 of article 34 quater of the bankruptcy law will be with the following wording: «2. before the presentation of the accountability report, the bankruptcy administration must enter tariff guarantee account set forth in the preceding paragraph mandatory contributions, calculated on the amounts actually. " Simultaneously, the bankruptcy administration or each of the bankruptcy administrators shall give account to the clerk of the Court where the competition of the entered amount is processed.»

Four. Point 6 of paragraph 1, article 90 is worded as follows: «6 credits secured by pledge constituted in a public document, on goods or pledged rights that are in the possession of the creditor or a third party. Case of garment of credits, simply stating in document with reliable date to enjoy privilege pledged receivables.

(Them credits guaranteed with garment constituted on credits future only shall enjoy of privilege special when fulfilled them following requirements before the statement of contest: to) that them credits future born of contracts perfected or relations legal constituted with prior to this Declaration.

(b) that the garment is made public document or, in the case of garment without displacement of the possession, have enrolled in the competent public registry.

(c) that, in the case of receivables arising from the resolution of concession of works or public services contracts, they meet, in addition, as required in article 261.3 text Refundido of the law of contracts of the Public Sector, approved by Royal Legislative Decree 3/2011, from 14 November.»

Sixth final provision. Modification of law 33/2003 of November 3, the heritage of the public administrations.

Law 33/2003, 3 November, the heritage of public administrations is hereby amended as follows: one. Paragraph 1 of article 166, is worded as follows: «(1. Las disposiciones de este título serán de aplicación a las siguientes entidades: a) the public business entities, those referred to in section 3 of chapter III of title II of the law on legal regime of the Public Sector. "

(b) the public law entities linked to the General Administration of the State or its public bodies whose income come from, at least by 50 percent, of transactions in the market.

(c) the State corporations, understanding as such those on which State control is exercised: 1 well because direct participation in its capital of the General Administration of the State or some of the entities which, in accordance with the provisions of article 84 of the law on legal regime of the Public Sector constitute the institutional public sector State including State companies is greater than 50 per 100. For the determination of this percentage, joins the shares corresponding to the General Administration of the State and all the entities that are integrated in the public sector institutional State, where equity participate several of them.

«2nd well because the company is in the case provided for in article 4 of law 24/1988, of 28 July, the securities market with regard to the General Administration of the State or its public bodies linked or dependent.»

Two. The second paragraph of article 167 is drawn up as follows: paragraph 1 of the preceding article «(2. Las entidades a que se refiere el párrafo c) adjusted its asset management private law, without prejudice to the provisions of this Act resulting them expressly application.»

Available to finish seventh. Modification of law 38/2003 of 17 November, General grant.

Introduced the following changes in law 38/2003 of 17 November, General grant: one. Amending article 10, which is worded as follows: «article 10. Competent bodies for the award of grants.

1. the Ministers and State Secretaries in the General Administration of the State and Presidents or directors of agencies and public entities linked or dependent on the General Administration of the State, either that the procedure is legal to have to hold your performance, are competent to grant subsidies, in their respective fields, prior appropriation budget for this purpose.

2. However it willing in the paragraph previous, for authorize the award of grants of claims upper to 12 million of euros will be necessary agreement of the Council of Ministers or, in the event that so it set it normative regulatory of the grant, of the Commission associate of the Government for Affairs economic.

For grants granted in regime of concurrency competitive, the authorization of the Council of Ministers to is refers the paragraph previous must get is before the approval of the call whose amount exceeds the cited limit.

The authorization referred to in the preceding paragraph does not imply approval of the spending, which, in any case, shall be the competent authority.

3. the powers to award grants, referred to in this article, may be of deconcentration by Royal Decree agreed in Council of Ministers.

4. the competence to grant subsidies for local corporations corresponds to organs that have attributed such functions on the legislation of local regime.»

Two. Amending paragraph 1 of the sixteenth additional provision with the following content: «1. foundations of the public sector may only grant subsidies when so authorized to the corresponding Foundation expressly agreement of the Ministry of secondment or equivalent administrative body to which 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 derived from the requirement of repayment and the imposition of sanctions, as well as the functions of control and others who conduct the exercise of administrative powers, shall be exercised by the bodies which finance higher corresponding grant; where it is not possible to identify such administration, functions shall be exercised by the organs of the Administration exercised by the protectorate of the Foundation."

3. Introduces a new third transitional provision with the following content: «third transitional provision. Calls initiated and grants granted with prior to the entry in force of the modification of the law 38 / 2003, of 17 of November, General of grants included in the available end seventh of it law 40 / 2015, of 1 of October, of regime legal of the Sector public.

«Them grants public that is grant in regime of concurrency competitive whose call is had approved with previously to the entry in force of the modification of the article 10 of the law General of grants, is governed by the normative previous.»

Four. Introduces a new additional provision twenty fifth with the following content: «twenty fifth additional provision. 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 administration of the State, will coordinate efforts to protect the financial interests of the European Union against fraud and comply with article 325 of the Treaty on the functioning of the European Union and article 3.4 of Regulation (EU, Euratom) No. 883/2013, the European Parliament and of the Council concerning investigations conducted by the European Office of fight against fraud (OLAF).

2 corresponds to the national anti-fraud coordination service: to) lead the creation and launch up national strategies and promote the legislative and administrative changes needed to protect the financial interests of the European Union.

(b) identify the possible shortcomings of the national systems for the management of European Union funds.

(c) establish them channels of coordination and information on irregularities and suspicions of fraud between the different institutions national and the OLAF.

(d) promote training for the prevention of and fight against fraud.

3. the service national of coordination anti-fraud will exercise their powers with full independence and must be equipped with with them media appropriate for meet them content and requirements established by the OLAF.

4. the national anti-fraud coordination service will be assisted by an Advisory Council chaired by the Auditor General of the administration of the State and composed of representatives of the ministries, agencies and other national institutions that have competence in the management, control, prevention and fight against fraud relating to the financial interests of the European Union. Its composition and functioning shall be determined by Royal Decree.

5. the authorities, holders of the organs of the State, the autonomous communities and local authorities, as well as chiefs or heads of public offices, agencies and other public bodies and who, in general, exercise public functions or develop their work in such institutions must provide the proper collaboration and support service. He service will have the same powers that the OLAF for access to the information relevant in relation to them made that is are investigating.

6. the service may enter into agreements with OLAF for the transmission of information and the conduct of research.»

Disposal the eighth. Modification of law 47/2003, of 26 November, General budget.

Is modifies the Law 47 / 2003, of 26 of November, General budget, that is worded as follows: one. Amending article 2 which is drawn up in the following terms: 'article 2. State public sector.

1 a the effects of this law are part of the State public sector: to) the General State administration.

(b) public sector institutional State.

2 integrate the institutional public sector institutions: to) public organizations linked or dependent on the General Administration of the State, which are classified into: 1. ° autonomous bodies.

2. ° entities public business.

(b) the independent administrative authorities.

(c) the companies commercial State.

(d) a consortium affiliated with the General Administration of the State.

(e) the foundations of the public sector assigned to the General Administration of the State.

(f) the funds without legal personality.

(g) not transferred public universities.

(h) managing bodies, common services and the mutual collaborators with Social Security in its public role of collaboration in the management of Social Security, as well as their joint centers.

(i) any agencies and entities of public law related or dependent of the General Administration of the State.

3 organs with endowment differential in the General State budget which, lacking legal personality, are not integrated in the General Administration of the State, are part of the State public sector, regulating their financial system by this law, without prejudice to the specialties that are established in their rules of creation, organization and functioning. However, its accounting and control regime shall be subject in any case the provisions of these rules, without that will be applicable in such matters the provisions of this law.

Without limiting the foregoing, this law shall not apply to the general courts, which enjoy budgetary autonomy in accordance with the provisions of article 72 of the Constitution; However, will remain the necessary coordination for the preparation of the Bill of the State budget."

Two. Amending article 3 which is worded as follows: «article 3. Sector public administrative, corporate and foundational.

For the purposes of this Act, the public sector is divided into the following: 1. the public administrative sector, composed of: a) the General Administration of the State, autonomous bodies, independent administrative authorities, not transferred public universities and managing bodies, common services and mutual collaborators with the Social Security, as well as their community centres, as well as entities from paragraph 3 of the preceding article.

(b) any agencies and public law bodies linked or dependent on the General Administration of the State, the consortia and the funds without legal personality, which fulfil any of the two following characteristics: 1st its main activity does not consist in the production regime of market goods and services intended for individual and collective consumption, or to carry out certain transactions of redistribution of income and national wealth , in any case non-profit.

2nd not be financed mainly with commercial revenue, understanding as such for the purposes of this law, incomes, anyone that is your nature, obtained in return for deliveries of goods or services.

2 the public business sector, composed of: to) the public business entities.

(b) the companies commercial State.

(c) any agencies and entities of right public linked or dependent of the Administration General of the State, those consortia and them funds without personality legal not included in the sector public administrative.

«3. the sector public Foundation, integrated by the foundations of the sector public State.»

Ninth final disposition. Modification of the text revised of the law of contracts from the Public Sector, approved by Royal Legislative Decree 3/2011, 14 November.

The text revised of the law of contracts of the Public Sector, approved by Royal Legislative Decree 3/2011, of 14 November, is to be re-worded as follows: one. Article 60 is drawn up in the following way: «article 60. Bans on hiring.

1 may not contract with entities provided for in article 3 of this law with the effects specified in article 61 bis, persons in whom any of the following circumstances concur: a) having been convicted by a judgment signed by crimes of terrorism, Constitution or integration of an organization or group criminal, illicit association, illegal financing of political parties is for human beings, corruption in the business, traffic of influences, bribery, obstruction of Justice, fraud, negotiations and prohibited activities to officials, crimes against public finances and Social Security, offences against the rights of workers, embezzlement, money laundering, crimes relating to the management of the territory and urban planning, the protection of the historical heritage and the environment, or to the penalty of disqualification for the exercise of profession trade, industry or commerce.


The prohibition of hiring will reach to legal persons who are declared criminally responsible, and those whose managers or representatives, it is in fact or in law, charge or representation and until its cessation, present in the situation referred to in this section.

(b) have been sanctioned a firm basis for serious breach in the professional field of distortions of competition, labour integration and equal opportunities and non-discrimination of persons with disabilities, or aliens, pursuant to the regulations; very serious infringement in environmental matters, in accordance with the law 21/2013, of 9 December, environmental assessment; law 22/1988, of July 28, of coasts; in law 4/1989, of 27 March, and natural spaces conservation of Wild Fauna and Flora; in the law 11/1997 of 24 April on packaging and packaging waste; Law 10/1998, of April 21, waste; in the text revised of the Water Act, approved by Royal Legislative Decree 1/2001, of 20 July, and law 16/2002, of July 1, Integrated Pollution Control and prevention; or very serious violation regarding labor or social, in accordance with the provisions of the revised text of the law on offences and sanctions in the Social order, approved by Royal Legislative Decree 5/2000 of 4 August, as well as the violation serious planned in article 22.2 of the quoted text.

(c) have applied for the Declaration of voluntary, have been declared insolvent in any proceedings, be declared bankrupt, unless this has acquired efficiency an agreement, be subject to judicial intervention or have been disabled by law 22/2003, of July 9, bankruptcy, unless you have completed the period of disqualification set out in the statement of qualification of the contest.

(d) not find is to the current in the compliance of the obligations tax or of Security Social imposed by them provisions force, in them terms that regulations is determined; or in the case of companies of 50 or more workers, does not meet the requirement that at least 2 per cent of its employees are workers with disabilities, in accordance with article 42 of the Royal Legislative Decree 1/2013, of 29 November, which approves the revised text of the General Law of rights of persons with disabilities and their social inclusion , under conditions to be determined by regulation.

In relation to complying with their tax obligations or with Social Security, deemed that enterprises are abreast in the same when debts are postponed, fractionated or its suspension on the occasion of the dispute had agreed of such debts.

e) have incurred in falsehood to make the responsible declaration referred to in article 146 or facilitate any other data relating to its capacity and solvency, or have failed, cause that fault, the obligation to communicate information that corresponds in terms of classification and that relating to the records of tenderers and classified companies.

(f) be affected by a ban imposed administrative sanction pursuant to hire firm, pursuant to provisions in the law 38/2003, of 17 November, General grants, or in law 58/2003, of December 17, General tax.

(g) be involved the physical person or the administrators of the legal person in any of the assumptions of the law 5/2006, of 10 April, regulation of the conflicts of interests of the members of the Government and the high charges of the General Administration of the State or regulations of the autonomous communities, of the law 53/1984 , on December 26, incompatibilities of personnel at the service of the public administrations or treat any of elective posts regulated in the organic law 5/1985, of 19 June, of the General Electoral regime, in the terms established in the same.

The ban will reach to them people legal in whose capital participate, in them terms and amounts established in the legislation cited, the personal and them high charges to is concerns the paragraph earlier, as well as them charges elected to the service of them same.

The prohibition extends also, in both cases, spouses, individuals connected with analogous relationship of affective coexistence, ascendants and descendants, as well as second-degree relatives by kinship or affinity to that referred to in the preceding paragraphs, when there is conflict of interest with the holder of the contracting authority or the owners of the bodies in that has been delegated the faculty to hire or persons which exercise the replacement of the first.

(h) have hired people regard that the breach referred to in article 18.6 of the law 5/2006, of 10 April, regulation of the conflicts of interests of the members of the Government and the high charges of the General Administration of the State or in the respective rules of the autonomous communities has been published in the "official bulletin of the State" to have passed to serve in companies or directly private companies related to the competencies of the office played during the two years following the date of cessation in the same. The prohibition of hiring will remain during the time which remains within the company the person contracted with a maximum limit of two years counting from the ceasefire as a senior.

2 in addition to those provided for in the preceding paragraph, are circumstances that prevent employers contract with covered entities in article 3 of this law, under the conditions laid down in article 61 bis as follows: to) have improperly removed your proposal or bid in an award procedure, or have prevented the award of the contract in your favor by ignore the provisions of paragraph 2 of article 151 within the designated time mediating intent, fault or negligence.

(b) have ceased to formalize the agreement, which has been awarded in his favor, within the deadlines provided for in article 156.3 for reasons imputable to the successful tenderer.

(c) have breached the clauses that are essential to the contract, including special conditions for implementation laid down in accordance with the designated in article 118, when such failure would have been defined in the tender or the contract as a grave breach, concurring intent, fault or negligence in the entrepreneur, and provided that it has given rise to the imposition of penalties or compensation for damages.

(d) have resulted, because of which had been found guilty, to the firm resolution of any contract with an entity of the misunderstood in article 3 of this law.

«3. them prohibitions of hire will affect also to those companies of which, by reason of them people that them govern or of other circumstances, can boast is that are continued or that derive, by transformation, fusion or succession, of other companies in which had crowded those.»

Two. Article 61 is drawn up in the following way: «article 61. Appreciation of the prohibition of hiring. Competence and procedure.

1 bans of contract relating to circumstances contained in the letters c), d), f), g) and h) of paragraph 1 of the preceding article, will be evaluated directly by the contracting authorities, subsisting while the circumstances which, in each case, determine them.

2 the prohibition of hiring planned cause in letters a) and b) of paragraph 1 of the preceding article will be appreciated directly by the contracting authorities, when the sentence or the administrative decision had expressly pronounced on its scope and duration, subsisting during the period referred to therein.

In the case that the judgment or administrative decision do not contain pronouncement about the scope or duration of the prohibition of hiring; (in the case of the letter e) of the first paragraph of the preceding article; and in them so-called referred in the paragraph second, also of the article earlier, the scope and duration of the prohibition must determine is by procedure instructed to the effect, of conformity with it willing in this article.

3 the competition to set the duration and scope of the prohibition to contract in the case of letters a) and b) of paragraph 1 of the preceding article, in cases where not listed in the corresponding judgment or resolution, and the competence for the Declaration of the prohibition to contract in the case of the letter e) of the first paragraph of the preceding article with regard to the obligation to communicate the information referred to in the field of classification and (with regard to the registration of bidders and classified companies, shall be responsible to the Minister of finance and public administration upon proposal of the consultative meeting of administrative contracting of State, or the bodies that are competent in the area of the autonomous communities in the case of the letter e) cited.


Order to comply the provisions of the preceding paragraph, organ judicial or administrative of which emanate the judgment or administrative decision shall be sent ex officio testimony of that or copy of this to the Advisory Board of administrative state hiring, notwithstanding that by this body, aware of their existence and not having received the cited testimony of the statement or copy of the administrative decision You can ask the organ from which it emanated.

In the cases referred to in point e) of paragraph 1 of the preceding article concerning cases that had engaged in misrepresentation to make the Declaration referred to in article 146, and in the cases envisaged in the second paragraph of article 60, the Declaration of the prohibition of hiring will be up to the contracting authority responsible.

4. the competence for the Declaration of the prohibition of hiring in cases in which the procuring entity does not have the character of public administration shall be the holder of the Department, President, or director of the Agency to which it is attached or which depend on the contracting entity or that matches your custody or control. If the contracting entity is linked to more than one administration, the relevant body that holds majority ownership or control shall be competent.

5. when according to it designated in this article, is required a declaration prior on the concurrency of the ban, the scope and duration of this is determined following the procedure that in them standards of development of this law is set.

6. in the cases by ruling criminal firm so expected, the duration of the prohibition of hiring will be expected in the same. In those cases in which this not has established term, that duration not may exceed of five years from the date of it condemns by sentence firm.

In the rest of the cases, the term may not exceed three years, for whose computation shall apply the provisions of the third paragraph of article 61 bis.

7 in the case of the letter a) of paragraph 1 of the preceding article, the procedure, if necessary, once not can be started after the period foreseen for the prescription of the corresponding penalty, and in the case of the letter b) of paragraph 2 of the same article, if they had spent more than three months since the award.

In the remaining cases referred to in this article, the procedure for the Declaration of the prohibition of hiring may not start if had spent more than three years starting on the following dates: a) from the firmness of the sanction resolution, in the case of the planned cause the letter b) of paragraph 1 of the preceding article;

((b) from the date in that is had eased them data false or from that in that had due communicate is the corresponding information, in them cases expected in the letter e) of the paragraph 1 of the article earlier;

((c) from the date where the resolution of the contract, in the case referred to in the letter was firm d) of paragraph 2 of the preceding article;

((d) in the cases provided for in subparagraph a) of paragraph 2 of the preceding article, from the date that would have been the award of the contract, if the cause is the improper withdrawal of proposals or candidates; or from the date in that had due proceeding is to the award, if the prohibition is based in the breach of it established in the paragraph second of the article 151.

«e) since the contracting entity had knowledge of the breach of special conditions for performance of the contract in the cases provided for in point (c)) of the second paragraph of article 61 bis.»

3. Is enter an article 61 bis, with the following wording: «article 61 bis.» Effects of the Declaration of the prohibition of hiring.

1 in cases that give the circumstances laid down in the second paragraph of article 60 and the letter e) paragraph first article in relation to have incurred in falsehood to be responsible for article 146 statement or to facilitate other data concerning its capacity and solvency, the prohibition of hiring will affect the scope of the competent contracting for his statement.

This ban can be extended to the corresponding public sector in which the contracting authority is integrated. In the case of the sector public State, the extension of effects will correspond to the Minister of Hacienda and administrations public, prior proposed of the Board Advisory of hiring administrative of the State.

In the cases in which, in accordance with the provisions of the first paragraph of the third paragraph of the previous article regarding the letter e) of the first paragraph of article 60, the competence for the Declaration of the prohibition of hiring corresponds to the bodies that are competent in the area of the autonomous communities, cited ban's hiring affect all the organs of the corresponding public sector hiring.

Exceptionally, and whenever previously is have extended to the corresponding sector public territorial, them effects of the prohibitions of contract to which is refer them paragraphs earlier is may extend to the joint of the sector public. Such extension of effects to all public sector will be held by the Minister of finance and public administration, upon proposal of the consultative meeting of administrative contracting of the State, and at the request of the autonomous region or Local authority in cases in that the prohibition of hiring comes from such areas.

In the cases in that the competence to declare the prohibition of hiring corresponds to the Minister of finance and public administration, it will produce effects throughout the public sector.

2 all prohibitions of hiring, except those in which any of the circumstances provided for in the letters c give), d), g) and h) of the paragraph 1 of article 60, shall be recorded in the official record of tenderers and classified companies for the Public Sector or the equivalent in the field of autonomous communities, depending on the scope of the prohibition of hiring and the organ that has found it.

Them bodies of recruitment of the field of them communities autonomous or of them entities local located in its territory shall notify the prohibition of hire to them records of bidders of them communities autonomous corresponding, or if not exist, to the registration official of bidders and companies classified of the Sector public.

The inscription of the prohibition of hiring in the corresponding registration of bidders will expire last 3 months since the end of its duration, and must proceed ex officio to cancellation when registering after the mentioned deadline.

3 the prohibitions of hire referred to in letters a) and b) paragraph first of article 60 will produce effects from the date they became firm the sentence or the administrative decision in cases where one or this would have decided on the scope and the duration of the ban.

In other cases, the effects will occur from the date of registration in the corresponding registry.

Still the above, in the cases referred to in letters a) and b) of the first paragraph of article 60 in cases in which the effects of the prohibition of hiring occur from registration in the corresponding register, may be taken, where appropriate, by the competent body to resolve the procedure for the determination of the scope and duration of the prohibition ex officio or upon request, the provisional measures it deems appropriate to ensure the effectiveness of the resolution that could be adopted.

Paragraph (4. Las prohibiciones de contratar cuya causa fuera la prevista en la letra f) of article 60, first produced effects regarding public administrations established the sanction resolution which imposed them, from the date in which this became a firm. "

Four. Paragraph 2 of article 150 is drawn up in the following way: «2. criteria which should form the basis for the award of the contract shall be determined by the contracting authority and will be detailed in the notice, in particular administrative clauses specifications or in the descriptive document.»

In the determination of the criteria for awarding preponderance will be those that refer to features of the object of the contract which can be measured by numbers or percentages obtained through the mere application of the formulae set out in the tender. When in a bid that is followed by an open or restricted procedure is attributed to automatically by application of formulas assessable criteria a weighting less than the corresponding to the criteria whose quantification depend on a value judgement, shall constitute a Committee that has a minimum of three members, made up of experts not integrated in the proponent organ of the contract and with appropriate qualification It will be up to perform the evaluation of the tenders in accordance with these last criteria, or entrust this assessment to a technical body specialized, duly identified in the tender.


The evaluation of the bids according to measurable criteria by the mere application of formulas will be held after previously making of those other criteria that do not concur this circumstance, leaving documentary evidence of this. The rules of development of this law will determine the cases and conditions in which must be made public such ex-ante evaluation, as well as the way in which the proposals must be submitted to make possible this separate assessment.

When the concession of public works or public services contracts expected the possibility of out public contributions to construction or operation, as well as any kind of warranties, guarantees, or other types of aid to the company, in any case it will appear as a criterion of evaluable automatically award the amount of the reduction offered to tenderers on the contributions provided for in the procurement record.»

5. Article 254 is drawn up in the following way: «article 254. Public contributions to the construction and financing guarantees.

1. public authorities may contribute to financing through contributions that will be made during the phase of execution of the works, such as provided for in article 240 of this Act, or once these, and whose amount will be fixed by tenderers in their offerings within the maximum amount established in the tender documents.

2. the public contributions referred to in the preceding paragraph may consist of non-monetary contributions of the organ procurement or any other administration that agreement to that effect, in accordance with the valuation thereof containing the administrative clauses specifications individuals.

Them goods estate that is delivered to the dealer is integrated in the heritage affection to the concession, aiming is to the use planned in the project of the work, and revert to the Administration in the time of its extinction, must respect is, in all case, it willing in them plans of management urban or sectoral that les affect.

3. all public contributions must be provided for in the specification determined their amount in the tendering procedure and may not increase subsequent to the award of the contract.

4. the same regime established for contributions shall apply to any type of warranty, guarantees and other measures of support to the financing of the licensee that, in any case, they will have to be laid down in the specifications.»

6. Article 256 is drawn up in the following way: «article 256. Contributions public to the exploitation.

The public administrations may grant the licensee the following contributions in order to ensure the economic viability of the exploitation of the work, which, in any case, will have to be provided for in the contract documents and may not increase subsequent to the award of the contract, without prejudice to the rebalancing provided for in article 258: to) grants, repayable advances, equity loans subordinated or otherwise, for will be provided from the beginning of the exploitation of the work or in the course of the same. The return of them loans and the payment of them interests accrued in your case by them same is adjusted to them terms expected in the concession.

(b) aid, including all kinds of guarantees, in exceptional cases where, for reasons of public interest, the promotion of the use of the public work is advisable until operation reaches the threshold of profitability.»

7. He article 261 is drafted in the following way: «article 261.» The mortgage of the concession and pledge of rights object.

1. concessions of public works with the property and rights that incorporated will be mortgagable in accordance with the provisions of the mortgage legislation, authorization of the contracting authority.

You will not accept the mortgage of public works concessions as collateral for debts which have no connection with the corresponding award.

2. the requests relating to them authorizations administrative planned in this article and in the following is resolved by the organ competent in the term of a month, and must understand is ignored if not resolves and notifies in that term.

3. the rights arising from a contract for granting work or management of public service, referred to in the first paragraphs of articles 271 and 288, as well as derivatives of public contributions and the execution of guarantees set forth in articles 254 and 256, may only pledge as collateral for debt that relates to the grant or contract «, prior authorization of the organ of contracting, that must publish is in the "Bulletin official of the State" or in the daily official autonomic or provincial.»

8. Paragraphs 1 and 3 of article 271 are written in the following way: «1. in cases of resolution for reasons imputable to the Administration, this be paid in any case the dealer the amount of investments made by reason of the expropriation of land, implementation of construction and acquisition of goods which are necessary for the exploitation of the work subject to the award» According to their degree of depreciation. For this purpose, shall apply a straight-line depreciation approach. The amount resulting is set within the term of six months, unless is established another in the specification of clauses administrative particular.

In them cases in that it resolution is produce by causes not attributable to it administration, the amount to pay to this by reason of the expropriation of land, execution of works and acquisition of goods that should reverse to it Administration will be which is of the valuation of the concession, determined according to it willing in the article 271 bis.

«((((En todo caso, se entenderá que la resolución de la concesión no es imputable a la Administración cuando obedezca a alguna de las causas previstas en las letras a), b), c), e) and j) of article 269 of the Act.»

«(3. in the cases of paragraphs g)(, h) e i) article 269, and without prejudice to the provisions of paragraph 1 of this article, the awarding administration shall indemnify the dealer for damages and damages that are irrigated him.» To determine the amount of compensation shall be taken into account: to) the future benefits that the dealer will perceive, quantifying in the arithmetical average of the profits before taxes obtained over a period of time equivalent to the remaining until the termination of the grant years. When the remaining time is elapsing over, the latter will be taken as reference.

The applicable discount rate is the result of capital cost weighted average corresponds to the latest annual accounts of the licensee.

«(b) the loss of the value of them works and installations that not have of be delivered to that, considering its grade of amortization.»

Nine. Is adds a new article 271 bis with the following wording: «article 271 bis.» New process for awarding concessions of works in cases where resolution obey to reasons not attributable to the administration.

1. in the case of resolution for reasons not attributable to the Administration, the contracting authority must again bid award, being the type of tender the result of the following article. The tender will be made by auction on the rise being the sole criterion for awarding the price.

In the case that remain deserted the first bid, will convene a new tender within a maximum period of one month, being the type of tender 50% of the first.

He awarded of the tender shall pay the amount of this in the term of two months since is has awarded the concession. In the so-called of that not is paid the quoted amount in the indicated term, the award will be without effect, awarding is to the following tenderer by order or, in the case of not have more bidders, declaring the tender deserted.

The call for tender may be made provided that have been instituted resolution record, even though you can not awarded until this is not completed. In all case, from the resolution of the concession to the opening of them offers of the first tender not may spend a term upper to three months.

You can participate in the bidding any entrepreneur who has obtained the correct administrative authorisation in the terms provided for in paragraph 2 of article 263.

2. the value of the concession, on the assumption that the resolution attributed to reasons not attributable to the Administration, is the result of the award of tenders referred to in the preceding paragraph.

Where the second invitation to tender remain deserted, the value of the grant shall be the rate, without prejudice to the possibility of submitting the original dealer or holding creditors at least 5% of the total liabilities of the concessionaire, within a maximum period of three months since it was deserted, a new buyer who paid at least the cited type of tender in which case the value of the award will be the amount paid by the buyer.


The Administration will pay to primitive dealer the value of the concession within a period of three months since the award referred to in the preceding paragraph is made or since the second invitation to tender has been deserted.

In all case, the new dealer is subrogated in the position of the primitive dealer being forced to the realization of them performances linked to them grants of capital perceived when not is has fulfilled the purpose for which is granted the grant.

3 resulting contract of the invitation to tender referred to in paragraph 1 shall be in any case the nature of contract of concession of public works, as the same conditions those set out in the original contract that has been solved, including the period of duration.'

Ten. Added a new article 271 ter with the following wording: «article 271 ter. Determination of the type of bid for the award of works in cases where resolution obey to reasons not attributable to the administration.

For the fixing of the type of the first bid, which referred to article 271 bis will follow the following rules: to) the type will be determined based on future cash flows expected to be obtained by the concessionaire, by the exploitation of the concession, in the period remaining from the resolution of the contract until its reversal updated to the discount rate of interest of the obligations of the ten-year Treasury increased by 300 basis points.

Is taken as reference for the calculation of said performance half them last data available published by the Bank of Spain in the newsletter of the market of debt public.

(b) the debt instrument which serves as a basis for the calculation of the reasonable profit and the differential cited may be amended by the delegate of the Government Commission for Economic Affairs, report of the national Office of evaluation, to adapt to the conditions of risk and profitability observed in public sector contracts.

(c) the future net cash flows are quantified in the arithmetical average of cash flows obtained by the entity during a period of time equivalent to the years remaining until completion. When the remaining time is elapsing over, the latter will be taken as reference. No upgrade pricing based on estimated future inflation will not be incorporated.

(d) the value of the cash flows is that the chart of accounts established in the cash flow statement as flows of cash from the activities of exploitation without computing any payments and interest charges, payments of dividends and payments or payments for income tax.

(e) if the resolution of the contract occurs before the completion of the construction of the infrastructure, the tender rate shall be 70% of the amount equivalent to the executed investment. These effects executed investment means the amount listed in the latest approved annual accounts increased in the amount resulting from the certifications issued since the closing of the exercise of the last accounts adopted until such time as the resolution. «Of said amount will be deducted the corresponding to them grants of capital perceived by the beneficiary, whose purpose not is has fulfilled.»

Eleven. Paragraph 1 of article 288 is drawn up in the following way: «1. in cases of resolution for reasons imputable to the Administration, this shall be paid to the licensee in any case the amount of investments made by reason of the expropriation of land, construction works and acquisition of goods which are necessary for the exploitation of the work subject to the award» According to their degree of depreciation. To the effect, is apply a criterion of depreciation linear of the investment.

When it resolution obey to causes not attributable to it administration, the amount to pay to this by reason of the expropriation of land, execution of works and acquisition of goods that should reverse to it Administration will be which is of the valuation of the concession, determined according to it willing in the article 271 bis.

«(En todo caso, se entenderá que no es imputable a la Administración la resolución deel contrato cuando ésta obedezca a alguna de las causas establecidas en las letras a) and b) Article 223 of this Act.»

12. Joins a new additional provision with the following content: «thirty sixth additional provision. The Office national de evaluation.

1. is created the national Office of evaluation which aims to analyze the financial sustainability of contracts of works concessions and concession of public services contracts.

2. by order of the Minister of finance and public administration, prior report of the delegate Commission of the Government for Economic Affairs, will determine the composition, organization and functioning of the same.

3 the national Office of evaluation, prior to the tender for the award of works and public services contracts to be held by the contracting authority dependent on the General Administration of the State and local governments, will evacuate mandatory report in the following cases: to) when performing public contributions to construction or the exploitation of the concession , as well as any measure of support to the financing of the dealer.

(b) public works concessions and contracts management services in which the rate is assumed total or partially by the contracting authority awarding authority, when the amount of works or first settlement costs exceed EUR 1 million.

It shall likewise agreements of restoration of the balance of the contract, in the cases provided for in the articles 258.2 and 282.4 of the text revised of the law of contracts from the Public Sector, with regard to concessions of works and public services that have been reported previously in accordance with letters a) and b) above or which, without having been informed entail the incorporation in the agreement of any of the items referred to in these. Each autonomous community may accede to the national Office of evaluation so you make these reports or if it would have created an organ or equivalent will request these mandatory reports to the same when it affects their concession agreements.

By regulation the appropriate guidelines to ensure that the reporting is done with sufficiently homogeneous criteria shall be fixed.

4. the reports referred to in the preceding paragraph shall assess if the profitability of the project obtained depending on the value of the investment, granted subsidies, expected cash flows and the discount rate set is reasonable in view of the risk of demand that assume the dealer. Mitigation granted aid may be about other risks other than the demand, which usually must be supported by economic operators, be taken into account in such an assessment.

In the concession contracts of work in which payment of the concession fee is made by the contracting authority office will evaluate previously the transfer of the risk of claim to the dealer. If this does not assume completely the risk, the report will assess the reasonableness of the profitability in the terms provided for in the preceding paragraph.

In the restoration of the balance of the contract agreements, the report will evaluate if established financial compensation maintain a reasonable profit as referred to in the first subparagraph of this paragraph.

5. the reports will be evacuated at the request of the contracting contracting, within thirty days from the request or new contribution of information referred to in the following paragraph authority. This period may be reduced to half whenever justified in the application the reasons for urgency. These reports will be published through the center of economic and financial information of the public administrations of the Ministry of finance and public administration and will be available for consultation by the public through electronic means.

The contracting authority that makes the request shall forward the necessary information to Office, who evacuated his report on the basis of the information received. If the Office considers that the submitted information is not sufficient, is not complete or requires some clarification will lead to the petitioner contracting authority so that provide you the information requested within the time limit that it points to the effect. Information received by the Office will be treated respecting the boundaries that govern access to the confidential information.

6. If administration or entity recipient of the report depart from the recommendations contained in a mandatory report from the Office, you should encourage him in a report which will be incorporated to the corresponding contract record and will be subject to publication. In the case of the General Administration of the State this publication will be made through the central economic and financial information of public administrations.

7. the Office shall annually publish a report of activity.»

13. Joins a new transitional provision with the following content: «tenth transitional provision. Prohibition to contract for breach of the quota of reservation of jobs for people with disabilities.


1 the prohibition of hiring established in article 60.1. d) concerning non-observance of the booking fee of jobs of 2 per cent for persons with disabilities will not be effective while not develops regulations and set up what has to be understood by the fulfillment of such requirement for purposes of the prohibition of hiring and how will be credited the same , that, in all case, will be well through certification of the organ administrative corresponding, with effective minimum of six months, either through certification of the corresponding registration of bidders, in them cases in that this circumstance figure registered in the same.

2 so far in which occurs the adoption of regulatory development referred to in the preceding paragraph, the contracting authorities shall weighted in the cases that it is obligatory, that tenderers comply with the provisions of Royal Decree 1/2013, of 29 November, which approves the revised text of the General Law of rights of persons with disabilities and their social inclusion «, in relation to the obligation of count with a two per cent of workers with disability or adopt them measures alternative corresponding, of conformity with it willing in the available additional fourth.»

Tenth final disposition. Amendment of law 17/2012, of 27 December, the State budget by 2013.

Amending the third additional provision tenth law 17/2012, of 27 of December, of the State budget by 2013, which is worded in the following terms: "tenth third. Subsidies to the transport maritime and air for residents in Canary Islands, Balearic Islands, Ceuta and Melilla.

One. With validity indefinite will have right to get bonuses in them rates of them services regular of transport maritime and air of passengers, them citizens Spanish, as well as them of them others States members of the Union European or of others States signatories of the agreement on the space economic European or of Switzerland, their family national of third countries beneficiaries of the right of residence or of the right of residence permanent and them citizens national of third countries resident of long duration they prove their status as resident in the autonomous community of the Canary Islands and Illes Balears 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 space will be credited in accordance with Royal Decree 240/2007, of February 16, input above, freedom of movement and residence in Spain of citizens of States members of the European Union or of another State party to the agreement of the European economic space. The right of long-term residence of nationals of third countries referred to in the previous paragraph will be credited in accordance with the provisions of the organic law 4/2000, of 11 January, on rights and freedoms of foreigners in Spain and their social integration and its implementing regulations.

For Spanish citizens, of the Member States of the European Union or of the other parties to the agreement on the European economic area or Switzerland, proof of your identity will be the national identity document or passport. In the case of family members of citizens of States members of the European Union or of another State party on the agreement of the European economic area and nationals of third countries resident in long-lasting, your identity will be credited through the Spanish residence card of family member of citizen of the Union or of identity which must be their long-term resident status , respectively. These documents must be in force.

In the event that electronically is has found that the passenger meets them conditions to be beneficiary of the grant, this may accredit your identity in the mode air through them same media that them passengers without right to bonus. In this case, the passenger will not have to accredit their status of resident billing or shipping.

Two. The percentage of applicable bonus tickets from maritime transport, with indefinite validity, for direct routes, whether one-way of back and forth, between the autonomous communities of the Illes Balears and Canarias and the cities of Ceuta and Melilla, respectively, and the rest of the national territory will be 50 per cent of the subsidised rate and inter-island travel will be 25 per cent of this amount.

3. The percentage of bonus in the rates for the services you scheduled air transportation of passengers, between the autonomous community of the Canary Islands and Illes Balears and the cities of Ceuta and Melilla, respectively, and the rest of the national territory, as well as on inter-island travel will be, with indefinite validity, of 50 per cent of the subsidised rate per each direct one-way trip of roundtrip.

To these effects, is considered route direct of ida that that is performed from the airport or heliport of the point of origin in them archipelagos, Ceuta or Melilla, to the of destination end, different of the previous, in the territory national and vice versa, without scales intermediate or with scales, whenever these not exceed them 12 hours of duration, except those that come imposed by them needs technical of the service or by reasons of force more.

For the purposes of this bonus, the amount of subsidized rate will be deducted the amount corresponding to public economic benefits referred to in the letters d), e)) and (f) of article 68.2 of the law 21/2003, of July 7, air safety, irrespective of which have been passed or not to the passenger. To this end, such economic benefits will appear broken down in the supporting documentation of the flight coupons.

Four. The condition of resident in them communities autonomous of Canary and them Illes Balears and in them cities of Ceuta and Melilla to them effects of them bonuses regulated in this provision is credited by the certificate of registration in force.

Regulations other means for accrediting the status of resident, may be established instead of provided for in this section or as additional of this.

5. (In relation to the verification of the compliance of them requirements required in this provision: to) them organs managers of them bonuses of the Ministry of promotion may access to them services of verification and consultation of data of identity, domicile, residence, nationality and regime of aliens of it platform of intermediation of the Ministry of Hacienda and administrations public to check the compliance of them requirements for be beneficiaries of the grant and perform them functions of control entrusted These bodies, with the guarantees provided for in the organic law 15/1999, of 13 December, of protection of data of a Personal nature and law 58/2003, of December 17, General tax.

(b) the management bodies may provide via telematics to agencies, airlines or shipping companies or their delegations, that placing the titles of transportation loans and it, the confirmation of the compliance with the requirements to benefit from the subsidy.

The transfer of data provided for in the preceding paragraphs and their treatment, shall not require the consent of the interested nor be required to inform them about such treatment, in accordance with the provisions, respectively, in the articles 11.2, letter to), and 5.5 of the organic law 15/1999, of protection of data of a Personal nature.

Integration in the telematics system of accreditation of the residence of ticketing and use systems to issue subsidized tickets will be mandatory for all companies emitting air or maritime ticket subsidized by reason of residence in non-peninsular territories, on all your sales channels, air or sea.

In the case of the addition to a new regular air or sea transport company subsidized market, this may issue air or maritime bills with the right to grant, without making use of the telematics system, for a maximum of three months until the effective implementation of such a system on all your sales channels.

6. When the fulfillment of the requirements to be beneficiary of these subsidies can not register through intermediation platform in accordance with the provisions of paragraph 5, those requirements will be credited by any of the means provided for in the applicable regulations. For these purposes, the registration certificate shall comply with expected regulations in the rules of development of these bonuses.

Seven. Without prejudice to the provisions of paragraph one of this provision, subsidies provided for in it for relatives of nationals of third countries beneficiaries of the right of residence or the right of permanent residence and of long-term resident third-country nationals, that they prove their status as resident in the autonomous community of the Canary Islands and Illes Balears and the cities of Ceuta and Melilla , take effect from the 1 of April of 2013.


8. Besides the obligations imposed by the rules governing subsidies to maritime and aviation for residents in Canary Islands, Illes Balears, Ceuta and Melilla and for large families and by law 38/2003, 17 November, airlines and maritime companies, as collaborators, must comply with the following: a) in the case of the airlines, will present monthly liquidations of bonus coupons flown for a month over the course of two months , except authorization express of the direction General of aviation Civil for reasons exceptional. These items may contain those coupons flown in the previous six months that not have been able to be included, for justified reasons, in the files of past months.

In the case of shipping companies, they will present quarterly liquidations in the course of two months, except authorization express of the General Directorate of the merchant marine for exceptional reasons. These liquidations may contain those shipments bonus in them six months earlier that not have could be included, by causes justified, in the files of quarters past.

(b) in the supporting documentation of the subsidy they broken down the price and the identification of all the concepts included in the maritime and air ticket, as well as any additional service contracted by the passenger included in the ticket.

(c) rise a part of incident when a passenger that possess a ticket subsidized not accredits your identity and residence of compliance with the regulations applicable. The parts corresponding to each period of liquidation or, in another case, a certificate of absence of incidents in this period will be sent to the managing body for the following period.

(d) comply with the registration obligations established by law, as well as registered with the managing body, prior to its commercialization, air fares that include services outside the air transport by specifying it in their conditions, as well as agreements, contracts or agreements of any kind, with its annexes, addenda or modifications, generate the emission of subsidized tickets, at least one month prior to the issuance of the first bonus ticket.

9. Also, sea and air companies and their agents, including reservation systems, shall retain all information and documentation relating to tickets discounted both by reason of residence not peninsular families, anyone who is his way of storage, attesting to compliance with the procedures provided regulations for the granting of the subsidy and the amount of the grant , to provision of the Ministry of promotion, during the term of prescription intended in the article 39 of the law 38 / 2003, of 17 of November.

For the purposes of the liquidation of the applied bonuses, maritime, airline companies, and their agents, which include reservation systems and any third party who has intervened in the determination of the rate bonus, on the payment made by the passenger or in the management or implementation of the bonus, will be required to collaborate and facilitate much documentation required them in relation to the commercial rates subject to bonus , them bonuses applied, the payments made by the passenger and the liquidations carried out.

Refusal to comply with this obligation shall be considered resistance, excuse, obstruction or refusal to the expected impacts in article 37 of law 38/2003 of 17 November, without prejudice to the sanctions which, in his case, may be applicable.

10. Is authorised the managing body to modify by means of resolution, after hearing pending airline that markets subject to subsidy and the main airline associations, exploit the content models of the annexes, in which affects bonuses to air transport, of the Royal Decree 1316 / 2001 of 30 November, which regulates the bonus rates of regular air and maritime transport services for the residents in the autonomous community of Canary Islands and the Illes Balears and the cities of Ceuta and Melilla.

Eleven. (Not will be object of liquidation by the companies maritime and aerial, or of refund to these: to) them tickets subsidized with rates maritime and aerial that include respectively services outside to the transport maritime and air, are or not payable to the passenger.

(b) them tickets air subsidized issued under contracts, conventions or agreements of any type that not have been reported and expressly approved by the direction General of aviation Civil.

(c) excluded concepts of bonus by the applicable regulations, among others, offers, discounts, promotions or equivalent commercial practice, which must be implemented in way prior to the calculation of the subsidy, as well as optional transportation services marketed by maritime and aviation company.

12. Verification of computer file of the items requested by the shipping companies with the relationship of actually produced in port shipments.

The procedure of inspection and control of subsidies to shipping must include checking whether shipments contained in the computer file data correspond with actual shipments produced in ports. To do so, port authorities shall send monthly to the General Directorate of the merchant marine the relationship of all the actual shipments produced in subsidized routes to ports.

The monthly list of all actual shipments produced in each port will include the relationships of shipments for each of the scales which have taken place during that period. These relationships of shipments of each route will be collected directly by port authorities or competent bodies in each case or, Alternatively, electronically sent to them by the shipping companies. The referral will take place in the time and manner determined by the General Directorate of the merchant marine, but in any case, must have been received by the competent body until the ship reaches its destination.

Not may reward is no shipping content in the file computer that not is included in the relationship of shipments real, unless is show error or omission.

13. The Government will dictate the rules of application and development of the bonuses to the maritime and air transport, regular passenger.'

Eleventh final disposition. Modification of law 20/2015, on July 14, management, supervision and solvency of insurance and reinsurance entities.

Is modifies the paragraph 2 of the available end twenty first of it law 20 / 2015, of 14 of July, of management, supervision and solvency of them entities insurance and reinsurance, that is drafted in them following terms: «2. However, the available transient thirteenth and the available additional sixteenth will enter in force the day following to the of his publication.» The fourth and tenth transitional provisions shall enter into force on 1 September 2015. The ninth final provision will enter into force from July 1, 2016. The twelfth final provision shall enter into force the day following publication of the law 40/2015, on 1 October, of legal regime of the Public Sector. "

Twelfth final provision. Restitution or compensation to the political parties of goods and rights seized pursuant to the regulations on political responsibilities.

The recognition of rights provided in law 50/2007, of December 26, modification of law 43/1998, of December 15, of restitution or compensation to the parties of goods and rights seized pursuant to the regulations on political responsibilities of the 1936-1939 period, as well as the processing and resolution procedures initiated under this Act they will remain suspended until checking the conditions that allow the benefits which the law recognizes without prejudice to the financing of other priority public actions.

Once the concurrence of the expressed conditions, make the Government shall adopt the regulations implementing the Act, which will set a new deadline for the submission of requests for restitution or compensation.

Thirteenth final disposition. Normative references.

References to law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure shall be deemed to the Act the procedure administrative common of the administrations public or the legal regime of the Public Sector law, as appropriate.

Fourteenth final disposition. Skill-related title.

1. this law is issued on the basis of provisions of article 149.1.18. ª of the Spanish Constitution, which attributes to the State exclusive competence on the basis legal regime of public administrations, as well as the protection as provided in article 149.1.13. ª, on bases and coordination of the general planning of economic activity, and article 149.1.14. ª relative to the general Treasury.

2. do not have basic character and applies exclusively to the General Administration of the State and the public sector as provided for in:


(to) the subsection 2nd referred to those organs Collegiate of the Administration General of the State of the section 3rd of the chapter II of the title preliminary.

(b) title I concerning the General Administration of the State).

(c) the provisions of chapter II relating to the Organization and functioning of the public sector institutional State, chapter III of State public bodies, chapter IV of the independent administrative authorities, chapter V of commercial State-owned companies, in the article 123.2 from chapter VI relating to consortia, the articles 128, 130, 131, 132, 133, 135 and 136 of Chapter VII of the foundations of the State public sector and Chapter VIII of the funds lacking legal personality, all of title II concerning the Organization and functioning of the public sector institutional.

(d) as provided for in the additional provisions: fourth, about adaptation of institutions and State bodies, quinta, about management shared common services in State agencies, sixth, on their own means, seventh, on State electronic registration of bodies and instruments of co-operation, eleventh, conflicts of intraministeriales powers, twelfth, port authorities and Puertos del Estado, thirteenth, relative to Social security institutions fourteenth, on the Organization of military, fifteenth, relating to military personnel, the sixteenth, on territorial integrated services in the Government's delegations, seventeenth, relative to the State tax administration agency, the eighteenth on the National Intelligence Centre, relative to the Bank of Spain nineteenth and the twentieth on the Fund for orderly bank restructuring.

Available finish 15th. Normative development of the law.

Is empowers to the Council of Ministers and to them Ministers of Presidency and of Hacienda and administrations public, in the field of their competencies, for dictate few provisions regulatory are necessary for the development of the present law, as well as for agree them measures necessary to ensure the effective execution e implementation of them forecasts of this law.

Within the period of three months from the entry into force of this Act, by order of the Minister of finance and public administration, schedule will be developed in article 85 on continuous monitoring.

Sixteenth final disposition. Precedence at official events.

By Real Decree of the Council of Ministers, to proposal of the President of the Government, is will determine the precedence of them holders of them powers constitutional and of them institutions national, as well as them of them holders of them departments ministerial and of them organs internal of these in relation to them acts official.

17th final disposition. Normative adaptation.

1. in the term of a year starting from the entry in force of the law, is must adapt to the same them rules state or regional that are incompatible with it planned in this law.

2 consortia created by a singular law passed by the Cortes Generales prior to the adoption of this law will continue to be governed by special legislation until the above-mentioned normative adaptation.

Available finish 18th. Entry into force.

1. this law shall enter into force to the year of publication in the «Official Gazette», with the exception of the four point fifth final disposition, modification of law 22/2003, of July 9, bankruptcy of one to eleven points of ninth final disposition, modification of the text revised of the law of contracts from the Public Sector approved by Royal Legislative Decree 3/2011, November 14 and the twelfth final provision of restitution or compensation to the political parties of goods and rights seized pursuant to the regulations on political responsibilities which shall enter into force on the twentieth day of its publication in the «Official Gazette», and twelve of the same ninth final disposal point that it will do so on the six months of the publication in the «Official Gazette».

2. However, will enter in force the day following to the of your publication in the «Bulletin official of the State» it available end first, of modification of the law 23 / 1982, of 16 of June, regulatory of the heritage national, the available end second, of modification of the Real Decree-Law 12 / 1995, of 28 of December, on measures urgent in matter budgetary, tax and financial , one to three points of the available finish fifth, modification of law 22/2003, of July 9, bankruptcy, final disposition seventh, for modification of law 38/2003 of 17 November, General subsidies and disposal eleventh, amend the law 20/2015, July 14, management, supervision and solvency of insurance and reinsurance entities.

3. the disposal end tenth of modification of the available additional tenth third of the law 17 / 2012, of 27 of December, of budgets General of the State for the year 2013, will enter in force the day following to the of its publication in the «newsletter official of the State», without prejudice of that them paragraphs one, first and second paragraph; Two; Three, first and second; Four; Five, paragraphs first to fourth and, six, shall take effects from the 1 of January of 2013, and of it provisions in the paragraph seven.

Therefore, command to all Spaniards, private individuals and authorities, which have and will keep this law.

Madrid, from October 1, 2015.

PHILIP R.

The President of the Government, MARIANO RAJOY BREY