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Royal Decree 776/2015, 28 August, Amending The Royal Decree Of 1980 / 2008 Of 28 November, Which Creates The Inter-Institutional Commission For The Commemoration Of The 8Th Centenary Of The Creation Of The University Of Salamanca.

Original Language Title: Real Decreto 776/2015, de 28 de agosto, por el que se modifica el Real Decreto 1980/2008, de 28 de noviembre, por el que se crea la Comisión Interinstitucional para la conmemoración del VIII centenario de la creación de la Universidad de Salamanca.

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TEXT

The Royal Decree 1980/2008, of November 28, created the Inter-Institutional Commission for the commemoration of the 8th centenary of the creation of the University of Salamanca, as a collegiate body that will promote, channel and coordinate the activities they carry out, in relation to that objective, public administrations and public or private entities, as well as the individuals involved in the celebration. Subsequently, the additional quincuagesth provision of Law 36/2014, of December 26, of General State Budgets for the year 2015, determined that the celebration of the "VIII Centenary of the University of Salamanca" will have the consideration of an event of exceptional public interest for the purposes of the provisions of Article 27 of Law 49/2002, of 23 December, of a tax regime of non-profit-making entities and of tax incentives for patronage. Paragraph 3 of that additional provision states that 'the certification of the adequacy of the expenditure incurred on the objectives and plans of the programme shall be carried out in accordance with the provisions of Law 49/2002', four of the, that "The development and concreteness in plans and programs of specific activities shall be carried out by the competent organ in accordance with the provisions of the Law 49/2002". Paragraph 2 provides that the duration of the programme of support for this event shall run from 1 November 2015 to 31 October 2018 and, in paragraph 5, that the tax benefits shall be the maximum laid down in the programme. Article 27.3 of that Law 49/2002.

The application of the tax benefits will be governed by the Law 49/2002 of 23 December, and by the Regulation for the application of the tax regime of the non-profit entities and the tax incentives to the patronage, approved by Royal Decree 1270/2003, of October 10.

For its part, the Royal Decree 1823/2011, of 21 December, for which the ministerial departments are restructured, and the Royal Decree 1887/2011, of December 30, for which the basic organic structure of the ministerial departments, have established a new organization of the Departments of the General Administration of the State.

For all the above, the present norm is dictated in order to respond to the necessary adequacy of its organs to the consideration of the VIII Centenary of the University of Salamanca as an event of exceptional interest (a) to the effect already indicated, to adapt the composition of the Interinstitutional Commission to the current ministerial structure, and to achieve maximum austerity and effectiveness in its action and the greatest efficiency in its operation.

In its virtue, on the proposal of the Vice President of the Government and Minister of the Presidency and the Minister of Education, Culture and Sport, with the prior approval of the Minister of Finance and Public Administrations deliberation of the Council of Ministers at its meeting on 28 August 2015,

DISPONGO:

Single item. Amendment of Royal Decree 1980/2008 of 28 November establishing the Inter-institutional Commission for the commemoration of the 8th centenary of the creation of the University of Salamanca.

Royal Decree 1980/2008 of 28 November, establishing the Inter-Agency Commission for the commemoration of the 8th centenary of the creation of the University of Salamanca, is amended as follows:

One. The title of the royal decree is worded as follows:

"Royal Decree 1980/2008, of November 28, for which the Inter-Agency Commission for the Commemoration of the VIII Centenary of the University of Salamanca is created."

Two. Article 1 is worded as follows:

" Article 1. Creation.

Under the Presidency of Honor of His Majesties the Kings, the Inter-Institutional Commission is created for the commemoration of the 8th centenary of the creation of the University of Salamanca. The Interinstitutional Commission, a collegiate body attached to the Ministry of the Presidency, shall promote, channel and coordinate the activities carried out in connection with this objective, public administrations and public bodies or private, as well as private individuals participating in the celebration, and will be in charge of the execution of the program to support the event of exceptional public interest "VIII Centenary of the University of Salamanca."

Three. Article 2 is worded as follows:

" Article 2. Composition.

For the fulfillment of its purposes, the Inter-Institutional Commission is structured in the following bodies:

a) The President.

b) The Plenary.

c) The Executive Commission.

d) The Technical Commission. "

Four. Article 3 (1) is worded as follows:

" 1. The Interinstitutional Commission shall be chaired by the Vice-President of the Government and Minister of the Presidency, who may be replaced by the Minister of Education, Culture and Sport as Vice-President of the Interinstitutional Commission. "

Five. Paragraph (a) of Article 4.1 is worded as follows:

" (a) Belonging to the General Administration of the State: the Minister of Foreign Affairs and Cooperation; the Minister of Finance and Public Administration; the Minister of Economy and Competitiveness; the Minister of Finance Promotion; andthe Minister of Education, Culture and Sport; the Secretary of State for Education, Vocational Training and Universities; the Secretary of State for Culture; the Secretary of State for International Cooperation and for Latin America; the Secretary of State for Research, Development and Innovation; the Under-Secretary of State President; the Secretary General of Universities, and the President of the State Society of Cultural Action. "

Six. Article 4 (2) is worded as follows:

" 2. The Secretary-General of the Universities of the Ministry of Education, Culture and Sport, with voice and vote, will act as the Secretary General of the Inter-Institutional Commission. "

Seven. Article 5 (3) is worded as follows:

" 3. The plenary session of the Inter-institutional Commission shall determine, among its components, the departments, the administrations, institutions or bodies to be integrated by the Executive Committee. The President of the Inter-Institutional Commission, on a proposal from them, shall appoint the members of the Executive Committee and, where appropriate, their respective alternates, of which at least one shall belong to the Office of the VIII Centenary Salamanca 2018, three to administrations, institutions or bodies other than the General Administration of the State, and one to the Ministry of Finance and Public Administrations.

Will act as the Secretary of the Executive Commission, with a voice but no vote, an official of the General Secretariat of Universities. "

Eight. Article 5 (5) is worded as follows:

" 5. Corresponds to the Executive Committee:

a) Carry out any duties entrusted to you by the Plenary.

b) Propose to the plenary, for approval, economic studies to determine the feasibility of the commemorative actions of the Inter-Institutional Commission to be foreseen.

(c) To ensure compliance with the agreements adopted by the plenary.

d) Develop projects of activities for their elevation to the plenary.

e) Approve a brand application manual for use in the advertising field by third parties to whom the right of use is conferred with the purpose of promoting and disclosing the event. "

Nine. A new Article 5a is added, with the following wording:

" Article 5a. The Technical Commission.

1. The Technical Commission shall consist of a maximum of six members, appointed by the Presidency of the Executive Committee. Of these, three will be proposed, respectively, from the Ministries of the Presidency, Education, Culture and Sport, and Finance and Public Administrations; one on a proposal from the Junta de Castilla y León, one on a proposal from the University of Salamanca and another on a proposal from the City of Salamanca

The President will be appointed from among its members, on a proposal from the same Technical Commission. He shall be responsible for chairing and agreeing on the call for meetings of the Technical Commission and for setting the agenda for such meetings.

The Secretariat of the Technical Commission, which will act with a voice but without a vote, will be the responsibility of the person appointed by the President.

By the same procedure, substitutes for members of the Technical Commission may be appointed.

2. It is up to the Technical Commission to certify the adequacy of the expenses made to the objectives and plans of the commemoration, given the consideration of the "VIII Centenary of the University of Salamanca" as an event of exceptional interest for the purposes of Article 27.2 (b) of Law 49/2002 of 23 December of the tax regime of non-profit-making entities and of tax incentives for patronage. "

Ten. A new Article 5 ter is added with the following wording:

" Article 5 ter. Procedure for obtaining certifications.

1. In order to obtain the certifications referred to in Article 27.2 b of Law 49/2002 of 23 December, the interested parties shall submit an application to the Technical Commission.

2. The application may be submitted in the form and places provided for in Article 38.4 of Law No 30/1992 of 26 November 1992, of the Legal System of Public Administrations and of the Common Administrative Procedure and shall be addressed to the Secretariat of State of Education, Vocational Training and Universities, Calle Alcalá, 34, 28014 Madrid; likewise, it may be submitted by electronic means, in accordance with the provisions of Law 11/2007, of 22 June, of electronic access of citizens to Public Services, in the electronic headquarters of the Ministry of Education, Culture and Sport accessible at https://sede.educacion.gob.es.

3. The deadline for submission of applications shall be 15 days after the completion of the event support programme.

4. The maximum period for certification by the Technical Commission shall be two months from the date on which the relevant application has entered the register of the competent body to be resolved.

The computation of that time limit shall be suspended when the data subject is required to complete the documentation submitted, for the time that it mediates between the notification of the requirement and the submission of the required documentation.

5. The resolution shall be issued by the Technical Commission, with the approval of the representative of the Ministry of Finance and Public Administrations necessary for its estimation.

6. After the period referred to in paragraph 4 without the person concerned having received an administrative request or notification concerning his application, the requirement of certification shall be deemed to be fulfilled, and the person concerned may request the Tax administration prior recognition of tax benefit by providing a sealed copy of the application.

7. The certification, or the decision rejecting it, shall be issued by the collegiate body, exhaust the administrative route, and the administrative dispute may be brought against it, without prejudice to the replacement of the the provisions of Articles 116 and 117 of Law No 30/1992 of 26 November 1992. '

Once. Article 6 is worded as follows:

" Article 6. Working groups.

1. The Inter-Agency Commission for the Commemoration of the VIII Centenary of the University of Salamanca may create working groups within the plenary session or the Executive Committee for the preparation of specific actions requiring a treatment special.

2. The working groups shall be chaired by the President of the Executive Committee or by the person who is part of the Plenary or the Executive Committee, who is appointed as a substitute and may be represented by representatives of different public administrations and public and private institutions, as well as well-known personalities.

3. If any of the working groups were to be created to address issues concerning the tax area, a representative of the Ministry of Finance and Public Administrations should be included. "

Twelve. Article 7 is worded as follows:

" Article 7. Personal and material means.

1. All members of the Inter-Agency Commission for the Commemoration of the VIII Centenary of the University of Salamanca shall have an honorary character and shall not receive any remuneration for the performance of their duties.

The functioning of the Inter-Institutional Commission will not increase public expenditure; it will be attended by the personal, technical and budgetary resources assigned to the Ministry of the Presidency, the Ministry of Education, Culture and Sport and the University of Salamanca.

The administrative support tasks necessary for the functioning of the Inter-Institutional Commission shall be provided by the Secretariat of State for Education, Vocational Training and Universities.

2. The institutions represented in the plenary session, as well as any other public, private or private entities, may make contributions or raise funds for the financing of the activities to be carried out.

3. The application of tax benefits shall be governed by the provisions of Article 27 of Law 49/2002 of 23 December. '

Thirteen. A new Article 7a is added with the following wording:

" Article 7a. Office of the VIII Centenary Salamanca 2018 of the University of Salamanca.

1. The University of Salamanca, through the Office of the VIII Centenario Salamanca 2018, will be responsible for the preparation of the program of activities and actions that are derived from the execution of the " Commemoration of the VIII Centenary of the University of Salamanca, which will be approved by the plenary session of the Inter-institutional Commission, and the material performance of the acts and activities resulting from the implementation of the said programme, assuming the status of the recipient and the administrator of the donations to be made for the implementation of the exceptional event support programme public interest and also assuming any losses that may arise from its liquidation, not corresponding to any obligation of this nature to the Territorial Administrations.

2. The University of Salamanca through the Office of the VIII Centenario Salamanca 2018 will be the owner of the right of ownership on the distinctive denominative, graphic or mixed signs that identify this event of exceptional interest public. The Plenary Session of the Inter-Agency Commission shall establish a trademark application manual for the use of the advertising field by third parties entrusted with the right of use in order to promote and disclose the event.

3. In the actions carried out by the University of Salamanca through the Office of the VIII Centenario Salamanca 2018 in which publicity of the event will be carried out, the logos of the participating administrations and entities will be included in the the collegiate body, on a level playing field.

4. The University of Salamanca through the Office of the VIII Centenario Salamanca 2018, once the performances of the "Commemoration of the VIII Centenary of the University of Salamanca" are finished, will present an economic report for its taking in consideration by the plenary of the interinstitutional committee which will contain a full list of the revenue received, the expenditure incurred and the actions taken and an audit of accounts for the period from the entry into force of this royal decree until the end of the programme. Donations shall be allocated in their entirety to the implementation of the programme of activities and actions. Donations will not be able to cover management costs that the Office of the VIII Centenary Salamanca 2018 of the University of Salamanca may have.

The plenary session of the Inter-institutional Commission will approve the draft resolution, which will be presented by the Secretary of the Plenary Session of the Inter-Institutional Commission.

Once the liquidation operations have been approved, the plenary session of the Inter-Institutional Commission will approve the dissolution of the Inter-Institutional Commission, which will be carried out within the maximum period of six months after the end of the programme to support the event of exceptional public interest "Commemoration of the VIII Centenary of the University of Salamanca".

In any event, the Inter-Institutional Commission cannot be dissolved until it has complied with all the obligations imposed on it by Law 49/2002 of 23 December, on the tax regime of the non-profit-making entities of the tax incentives for patronage, and the Regulation for the application of the tax regime of non-profit entities and tax incentives to patronage, approved by Royal Decree 1270/2003 of 10 October. "

Fourteen. Article 8 is worded as follows:

" Article 8. Operation.

1. Without prejudice to the peculiarities provided for in this royal decree, the functioning of the Interinstitutional Commission shall be in accordance with the provisions of Chapter II of Title II of Law 30/1992 of 26 November 1992.

2. The issuance of the certifications referred to in Article 27.2 (b) of Law 49/2002 of 23 December shall require the favourable vote of the representative of the Ministry of Finance and Public Administration. "

Fifteen. An additional first provision is added with the following wording:

" Additional disposition first. Electronic means.

The Inter-Agency Commission for the Commemoration of the VIII Centenary of the University of Salamanca will be able to establish and adopt agreements using electronic means in accordance with the provisions of the additional provision First of Law 11/2007, of June 22, of electronic access of citizens to Public Services. "

Single end disposition. Entry into force.

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

Given in Madrid, 28 August 2015.

FELIPE R.

The Vice President of the Government and Minister of the Presidency,

SORAYA SAENZ DE SANTAMARIA ANTON