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Royal Decree 517/2015, Of 19 June, Laying Down The General Statutes Of The Schools Official Of Technical Engineering In Computer Science And Its General Council.

Original Language Title: Real Decreto 517/2015, de 19 de junio, por el que se aprueban los Estatutos Generales de los Colegios Oficiales de Ingeniería Técnica en Informática y de su Consejo General.

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TEXT

Law 21/2009, of 4 December, of the creation of the General Council of Official Colleges of Technical Engineering in Informatics, enabled in the first transitional provision for the constitution of a Gestora Commission that was to draw up, within six months, provisional statutes of the governing bodies of the governing bodies of the General Council of Technical Engineering Officers in Informatics, which are verified by the Ministry of Industry, Tourism and Trade, would be published in the "Official State Gazette", and in the provision Second, the General Council of Professional Colleges of Technical Engineering in Informatics would draw up its final Statutes within one year of its constitution.

In accordance with the provisions of the aforementioned law, by Order ITC/2624/2010 of 28 September, the publication of the provisional Statutes of the General Council of Technical Engineering Colleges in Informatics was ordered, This was done on 11 October 2010.

The adoption of these General Statutes, according to the proposal received from the General Council, is due to the need to accommodate the collegial organization of technical engineering in computing to the changes derived from Law 74/1978, of 26 December, which adapted the regime of the Colleges to the Constitution and of Law 7/1997 of April 14, of liberalizing measures in the field of soil and of Professional Colleges.

In addition, the Statutes must conform to the provisions of Law 17/2009 of 23 November on free access to the activities of services and their exercise and to Law 25/2009 of 22 December, amending various laws for its adaptation to the Law on the Free Access to Services and its Exercise, which has largely changed, Law 2/1974 of 13 February on Professional Colleges.

The approval of these General Statutes of the Official Colleges of Technical Engineering in Informatics and its General Council corresponds to the Government, in accordance with the provisions of Article 6.2 of Law 2/1974, of 13 of February, on Professional Colleges, as amended by Law 25/2009, of 23 November, on the free access to service activities and their exercise.

This royal decree, is dictated by the exclusive competence that Article 149.1.18. of the Constitution attributes to the State to dictate the basis of the legal regime of the Public Administrations.

In its virtue, on the proposal of the Minister of Industry, Energy and Tourism, in agreement with the Council of State and after deliberation of the Council of Ministers, at its meeting of June 19, 2015,

DISPONGO:

Single item. Approval of the Statutes.

The General Statutes of the Official or Professional Colleges (both denominations equivalent to the College) of the Technical Engineering in Informatics and its General Council are approved, as follows: royal decree.

Additional disposition first. Adaptation of the special statutes of the Autonomous Colleges and Councils.

The Autonomous Schools and Councils existing at the time of entry into force of these Statutes will, from that date, have a maximum period of twelve months to adjust their special statutes and their presentation to the Competent public administration.

Additional provision second. Election of the members of the Governing Board.

Within 15 days of the entry into force of these Statutes, the outgoing Board of Government of the Council shall carry out the convocation of the General Assembly to be convened in the month following its convocation, in which First item on the agenda will be the election and inauguration of the members of the incoming Governing Board.

Single repeal provision. Repeal of the provisional Statutes.

The provisional Statutes of the General Council of Official Colleges of Technical Engineering in Informatics, the publication of which was ordered by Order ITC/2624/2010 of 28 September, will be repealed.

Final disposition first. Competence title.

The present royal decree is dictated by the provisions of Article 149.1.18. of the Constitution which gives the State exclusive competence to lay down the basis of the legal system of public administrations.

Final disposition second. Autonomic competencies.

The regulation contained in the Statutes shall be without prejudice to the regulation which, under its powers in this field, shall approve the autonomous communities for the Colleges and Councils which are constituted in their respective fields. territorial.

Final disposition third. Entry into force.

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

Given in Madrid, on June 19, 2015.

FELIPE R.

The Minister of Industry, Energy and Tourism,

JOSE MANUEL SORIA LOPEZ

GENERAL STATUTES OF THE OFFICIAL TECHNICAL ENGINEERING COLLEGES IN COMPUTER SCIENCE AND ITS GENERAL COUNCIL

TITLE I

From the Collegial Organization of Technical Engineering in Informatics

Article 1. Collegial Organisations. Definition. Personality and legal nature of the entities that compose it.

1. They have the consideration of collective organizations governed by these Statutes all the professional colleges of Technical Engineering in Informatics, the respective autonomic Councils that could be constituted and the General Council of the Colleges.

All of them are public law corporations constituted under the law, with democratic internal structure and functioning and which bring together persons in possession of at least one of the following titles:

(a) Official university degree, in accordance with Royal Decree 1460/1990 of 26 October, establishing the official university degree of Technical Engineer in IT Management and the general guidelines of the plans of studies leading to the obtaining of that or with the Royal Decree 1461/1990, of 26 October, for which the official university degree of Technical Engineer in Computer Systems and the general guidelines is established (a) of the plans of studies leading to the attainment of that, or diploma of Diplomacy in Information technology in accordance with Royal Decree 1954/1994 of 30 September 1994 on the type-approval of titles to the Catalogue of Official University Titles created by Royal Decree 1497/1987 of 27 November.

(b) Degree of formal university degree linked to the profession of technical engineer in computer science, and meeting the conditions set out in Annex II to the Council of Universities Agreement establishing the Recommendations for the proposal by the universities of memoirs for the application of official titles in the fields of Computer Engineering, Technical Engineering and Chemical Engineering, published by Resolution of 8 June 2009, the General Secretariat of Universities.

(c) A university degree declared equivalent to the Spanish university degrees of degree linked to the profession of technical engineer in computer science, corresponding to the specific field of information technology and the communication (ICT) of Annex II to Royal Decree 967/2014 of 21 November 2014 laying down the requirements and procedure for the approval and declaration of equivalence to qualifications and at the official academic level and for the validation of foreign studies of higher education, and the procedure for determine the correspondence to the levels of the Spanish qualifications framework for the higher education of the official titles of Architect, Engineer, Licentiate, Technical Architect, Technical Engineer and Diplomat.

2. The Schools, the Autonomous Councils and the General Council have their own legal personality and ability to act fully for the fulfilment of their aims.

3. In their organization and operation they are subject to the principle of transparency in their management, enjoying full autonomy, within the framework of these Statutes and their own particular statutes.

Article 2. Colleges, Autonomous Councils and General Council. Territorial scope.

1. The autonomic Councils which, if any, are constituted under the provisions of the corresponding autonomic legislation, shall have the purposes and functions to determine their particular statutes, subject to the provisions of the respective regional legislation, in the basic state legislation and in the present Statutes. The only territorial council higher than the regional council shall be the General Council.

2. The territorial scope of each College or, where appropriate, the Autonomous Council shall be determined in their respective statutes, within the limits laid down in the autonomous legislation. The different Colleges will be unique in their respective territorial areas.

3. The General Council is the representative body and senior coordinator of the collegial organization.

4. The internal structure and the functioning of the collegial organisation shall be developed in accordance with the provisions of these Statutes and, where appropriate, the special statutes.

5. In all the collective bodies, the procedures for the approval of the statutes will have to provide mechanisms for the participation and proposal of amendments for all members of the General Assembly, prior to the same and with appropriate deadlines and procedures for this purpose.

Article 3. Legal regime.

1. The Autonomous Schools and Councils are subject to the Constitution and, where appropriate, to the Statutes of Autonomy that correspond to their territorial scope. They will also be governed by Law 2/1974 of 13 February on Professional Colleges, by basic or direct or general application of State legislation affecting these Colleges, by legislation on professional schools which, in the course of state legislation, approve the autonomous communities, in the field of their competences and territories, by these Statutes and by the special statutes.

2. The General Council is also subject to the Constitution, to the aforementioned Law on Professional Colleges, to basic or direct application or general state legislation and to these Statutes.

Article 4. Corporate acts and resolutions.

1. The acts and resolutions of the Colleges, the Autonomous Councils and the General Council shall be executive when they are subject to administrative law, in accordance with the provisions of Law No 30/1992 of 26 November 1992 on the Public administrations and the Common Administrative Procedure and, where appropriate, in the autonomic legislation.

2. The acts and decisions of the Colleges may be brought to the fore within one month before the respective Autonomous Council or, as long as it has not been established, before the General Council, provided that no other provision is made available in the autonomic in the field of Professional Colleges.

3. The acts and resolutions of the General Council put an end to the administrative route, in accordance with Article 109 of Law 30/1992 of 26 November 1992, of the Legal Regime of Public Administrations and of the Common Administrative Procedure and shall be may be brought directly before the Administrative-Administrative Jurisdiction, but may be brought before the same Council within one month, in the case of a replacement. They will also put an end to the administrative route of the acts and resolutions of the Autonomous Councils, if nothing else is available in the autonomous legislation.

4. Without prejudice to the foregoing, any natural or legal person may refer to the General Council for any complaint or complaint in relation to any matter relating to the collegial organization or the engineering profession. computer technology. Prior to the lodging of a complaint or complaint to the General Council concerning a performance of a particular College, the latter must be presented to the College or the Autonomous Council, if provided for in the legislation. autonomic.

5. Acts and resolutions relating to their employment or civil relations shall be subject to the relevant legal regime.

Article 5. One-stop shop.

1. The Collegial Organization shall have a single electronic access point, either at the territorial or aggregate level, through which the professionals can, in a non-face-to-face manner and free of charge, carry out the following procedures:

a) Get all the information and forms necessary for access to and exercise of professional activity.

b) Submit all necessary documentation and requests, including that of the tuition and its discharge.

(c) Know the state of proceedings of the proceedings in which you have a consideration of the person concerned and receive the relevant notification of the acts of application and the decision of the same by the College, including the notification of disciplinary files where it is not possible by other means.

d) To call the collegial to the ordinary and extraordinary General Assemblies and to put in their knowledge the public and private activity of the College.

2. The one-stop-shop shall contain the information referred to in the basic legislation on professional schools for the best defence of the rights of the citizens to whom the activity of the professionals groups the organisation. collegial. In particular, the collective organisations will provide the following information, which must be clear, unambiguous and free:

(a) Access to the register of collegiates, which shall be permanently updated and which shall contain at least the following particulars: name and surname of the professional staff, number of members, official titles of the they are in possession, professional address, collective organisation of destination and professional qualification status.

b) The means of reclamation and the resources that may be brought in case of conflict between the consumer or user and a collegiate or the collegial organization.

(c) Data from consumer and user associations or organisations to whom the recipients of the professional services may be able to contact for assistance.

d) The content of the deontological codes.

3. The Territorial Schools shall provide the General Council, and, where appropriate, the respective Autonomous Councils, with information concerning the high, low and any other changes affecting the records of the members of the Board, his knowledge and annotation in the central registers of the collegial of those. The General Council shall establish the mechanisms necessary to facilitate the exchange of information referred to in this point.

4. In order to ensure the principles of interoperability between the Colleges and Councils and accessibility of persons with disabilities, both of which are included in Law 25/2009 of 22 December, amending various laws for their adaptation to The Law on Free Access to Services and its Exercise, the collegial organization will create and maintain the technological platforms that guarantee the interoperability between the different systems and the accessibility of the people with disability.

Article 6. Service to collegiates and to consumers or users.

1. The collective organisations shall, in the field of their competence, address the complaints or complaints submitted by the schoolgirls.

2. They shall also have a service to consumers or users, which will necessarily be dealt with and, where appropriate, resolve any complaints and complaints relating to the collegial or professional activity of the members of the school. any consumer or user who contracts professional services, as well as by associations and organisations of consumers and users in their representation or in the defence of their interests.

3. Through this service to consumers or users, it will be resolved on the complaint or complaint, as appropriate, either by reporting on the out-of-court system of conflict resolution, or by referring the case to the (a) competent authorities to instruct the appropriate information or disciplinary files, either by filing or taking any other decision of their jurisdiction, in accordance with the law.

4. The submission of complaints and complaints may be made personally or electronically, through the single electronic access point of the collegial organization.

Article 7. Annual memory.

1. The collective organisations shall be subject to the principle of transparency in their management. To do this, each of them must draw up an annual memory containing at least the following information:

(a) Annual report on economic management, including staff expenditure sufficiently broken down and specifying the remuneration of the members of the Governing Board on the basis of their position.

(b) Amount of applicable fees broken down by concept and type of services provided, as well as the rules for their calculation and application.

(c) aggregated and statistical information relating to information and sanctioning procedures at the stage of instruction or which have become firm, indicating the infringement to which they relate, their processing and the the sanction imposed where appropriate, in accordance with the law on personal data protection in any event.

(d) aggregated and statistical information relating to complaints and complaints submitted by consumers or users or their representative organisations, as well as their processing and, where appropriate, the grounds for their estimation or dismissal of the complaint or complaint, in any case, with the legislation on the protection of personal data.

e) Changes to the content of their deontological codes, if they are available to them.

(f) The rules on incompatibilities and conflict of interest situations in which the members of the Government Boards are located.

g) Statistical information about the visa activity.

Where applicable, the data shall be presented territorially disaggregated by corporations.

2. Annual memory must be made public through the website of the collegial organisation in the first half of each year.

3. The General Council shall make public, together with its memory, the statistical information referred to in paragraph 1 of this Article, in aggregate form for the whole of the collegial organization.

4. For the purpose of completing the forecast of the previous paragraph, the Regional Councils and the Territorial Colleges shall provide the General Council with the information necessary to draw up the annual report.

Article 8. Communications.

1. For the communications of the member entities and towards the entities belonging to the collegial organization, the procedures provided for in Law 30/1992, of 26 November, shall be valid in any case.

2. In addition, the members of the collegial organization may use communication procedures other than the previous ones in the following cases:

(a) Within its governing bodies, for communications between its members, distribution lists, collaborative websites, social networks or other tools may be used, when this is established in the regulations. or the agreement of that body. These tools shall ensure the necessary confidentiality of the deliberations of the governing bodies and provide a record of the communications made.

(b) In the relations of the colleges with their collegiates when such procedure has been formally established in their particular statutes or in an agreement of their General Assembly.

c) In the relations of the institutions of the collective organisations, without prejudice to paragraph 1, and in order to achieve maximum agility and cost efficiency, the usual means of communication shall be the e-mail to the address which the collegial organisation has established in its basic institutional data or, where appropriate, to the additional address which the collegial organisation shall establish. Where an acknowledgement of receipt of a communication is required, the Secretary of the collegial organisation shall be responsible for ensuring that it is carried out within a maximum period of 48 hours on a working day from dispatch. In the absence of an acknowledgement of receipt, the collegial organization will repeat a second communication with the same formula, including additional institutional addresses that to the effect the collegial organization has established, taking shape fehaciente.

Similarly, the usual communications of the collegial organisations with the Council will be conducted in a similar way by e-mail and acknowledgement of receipt to the address of the Council Secretariat, except in the case of against specific, established by the Council, these Statutes or the legislation in force.

The repeated omission of the acknowledgement of receipt or receipt of the communications made in a feisty manner may be considered as negligence for the purposes provided for in these Statutes.

3. When a collegial organization makes use of individual emails (i.e. not distribution lists) in addition to the recipient or recipients as such, an additional account of the organization will be included as an additional recipient. collegial, so that its receipt in that account serves as an accreditation of the shipment made.

4. Without prejudice to all of the above, the calls for assemblies and electoral processes will necessarily include the sending of a reliable means and the publication of the corresponding announcement, on the front page of the website of the entity and without access restrictions.

5. Collective organisations shall endeavour to adapt the nature of the procedure to the importance of the object of communication, using procedures which are closer or equivalent to those of paragraph 1, the more they affect rights and individual obligations.

Article 9. Status of the profession.

The collegial shall be considered to be in a position of exercising the profession in technical engineering in computer science, when it exercises its activity in any of the following ways:

(a) As a free professional, either independently or societally with other professionals in accordance with the legal order and the present Statutes.

b) As a salaried professional of companies or other professionals or professionals.

c) As an official or employee hired by any public administration.

TITLE II

From Colleges

CHAPTER I

Purposes and Functions of Colleges

Article 10. Essential purposes of the Colleges.

They are essential purposes of the Colleges in their respective territorial areas:

(a) The ordination, in the field of their competence, of the exercise of the profession of technical engineering in computer science, in accordance with the basic criteria established by the General Council, to ensure ethics and dignity professional and respect because of society.

b) The representation of the profession and the defense of the profession and the professional interests of the collegiate.

(c) The protection of the interests of consumers and users in respect of the services of such professionals.

d) Promote the progress of the information and knowledge society, and their contribution to the general interest.

(e) to ensure compliance with the constitutional provisions on the use of information technology to ensure the personal and family honour and privacy of citizens, within the territorial scope and within the scope of their powers; the full exercise of their rights, including the right to the image itself.

f) The defense and promotion of technical engineering in computing as a profession, through how many activities can contribute to its development and advancement.

g) Any other purposes attributed to it by the Law or the present Statutes, and which contribute to the development of technical engineering in computer science and society as a whole.

Article 11. Functions of the Colleges.

It is up to the Colleges, in their territorial scope, to exercise the following functions:

(a) Exercise as many functions as entrusted to or delegated by public administrations and advise the agencies of the State Administration, the Administrations of the Autonomous Communities, as well as the Cities of Ceuta and Melilla, of the Entities that make up the Local Administration, persons or public or private entities and their own collegiates, issuing reports, compiling statistics, resolving consultations or acting in technical and technical arbitrations economic at the request of the parties.

b) Participate in the advisory bodies or advisory bodies of the public administration in the field of their competence and be represented in the Social Councils and University Patronates, in the legally established terms.

c) Exercise disciplinary power in the professional and collegial order over the collegiate.

d) Facilitate the Courts and Courts, in accordance with the laws, the relationship of professionals who may be required to intervene as experts in judicial matters, or appoint them directly, as appropriate.

e) To hold, in its sphere of competence, the representation and defense of the rights and interests of the profession in all manner of institutions, Courts, Courts, Public Administrations, Social Entities and Individuals, with legitimisation to be a party to any disputes affecting the general or collective professional interests of the profession.

f) Adopt measures conducive to avoiding professional intrusive, in the legally established terms.

g) To collect and channel the aspirations of the profession, raising to the bodies of the public administration a number of suggestions for the improvement and the rules governing the provision of own services.

h) Visar projects and other professional work of the schoolgirls only when requested by the express request of the clients.

(i) to be charged with the collection of professional perceptions, remuneration or fees accrued in the free exercise of the profession, where the colegate expressly requests it, in cases where the College is established appropriate services and under the conditions laid down in the individual statutes of each College.

(j) Report and rule on administrative or judicial procedures in which matters relating to the professional fees of the schoolgirls are discussed and to set guidelines for the sole purposes of assessment. of costs.

(k) to intervene, in the form of conciliation or arbitration, in matters which are, for professional reasons, raised among or between the members and their clients and, by award, at the request of the parties concerned, the discrepancies that may arise.

l) Take the Collegiate Records.

m) Create and maintain a one-stop shop, in the terms provided for in the law.

n) Develop and publish an annual memory, in the terms provided for in the law and in these Statutes.

n) Create and maintain a service to the collegiate and the consumers or users.

o) Participate in the elaboration of the study plans and inform the norms of organization of the teaching centers corresponding to the respective professions, whenever requested by such centers, keeping permanent contact them and prepare the necessary information to facilitate access to the professional life of the new professionals.

p) Fulfill and enforce the laws, the general statutes of the collegial organization and the individual statutes of each College and regulations of internal rules, as well as the rules and decisions adopted by the the collective bodies, in the field of their competence.

q) To seek the harmony and collaboration among the collegiates, ensuring that they develop their professional activity in a free competition regime, subject to the limits established in Law 15/2007, of July 3, of Defense of the Competition, in Law 3/1991, of 10 January, of Unfair Competition and in Law 34/1998, of November 11, General of Advertising.

r) To organise common activities and services of interest to the collegial, professional, formative, cultural, welfare and foresight, and other analogues, contributing to economic support through the means required.

s) To tender requests for information on their collegiates and on the firm sanctions imposed on them, as well as requests for inspection or investigation, to be submitted to them by any competent authority of a Member State of the European Union or of the institutions of the European Union, as provided for in Law 17/2009 of 23 November on the free access to and pursuit of the activities of services, in particular with regard to applications for information and carrying out checks, inspections and investigations are duly motivated and that the information obtained is used only for the purpose for which it was requested.

t) Exercise the functions of competent authority in the terms reflected in the legislation in force and specifically in Law 17/2009 of 23 November on free access to services activities and their exercise.

u) To promote and develop mediation, as well as to perform arbitration, national and international functions, in accordance with the provisions of the legislation in force.

v) Any other function that is in the interest of the interests of the collegiate or the technical engineering in computer science.

CHAPTER II

Organization of the College and electoral process

Article 12. Basic organization.

It is the competence of each College to establish and regulate its internal organization, in accordance with the following basic organization chart:

a) General Assembly.

b) Governing Board.

c) Presidency or Decanate.

Article 13. General Assembly.

1. The General Assembly is the supreme body of expression of the will of the College, and is governed by the principles of equal and democratic participation of all the collegians. The participation in the assembly shall be personal, and may also be carried out by representation or delegation, provided that the particular statutes of the Colleges consider it.

2. The General Assembly assumes the following powers as its own:

a) Elaborate the particular statutes of the College.

b) Approve the College's internal rules of procedure, without prejudice to the power of the Governing Board to approve the relevant development regulations.

c) Approve the settlement of expired budgets, balances, and annual accounts for the year.

d) Approve the annual government plan, as well as the current year's budgets, and credit ratings.

e) Approve each year the memory corresponding to the expired exercise, which will contain at least the information required for the same basic legislation on schools, in addition to the liquidation of the budgets, balance sheets and annual accounts.

(f) Authorize the acts of disposal of the own real estate and the actual rights constituted on them, as well as of the other own property assets that are listed as being of considerable value.

g) Control the management of the Governing Board, collecting reports and adopting, where appropriate, appropriate motions.

3. The special statutes of each College shall regulate the convocation, celebration and periodicity of the assemblies, which shall at least be annual. In any event, the call will include the communication to the schoolgirls by means of a reliable means and the simultaneous publication of the call on the cover of the public part of the official website of the College with the marking of the day, place of celebration, time, and corresponding order of the day.

Article 14. Governing Board.

1. The Governing Board is the administrative and management body of the College which exercises the powers of the College not reserved for the General Assembly in accordance with the previous Article, nor specifically assigned by the special statutes to other bodies collegial.

2. The special statutes of each College shall regulate the composition, form of election and duration of the positions of the Governing Board, which shall in any case count on a Dean or President, Vicedean or Vice President, Secretary and a Treasurer.

3. Without prejudice to the functions to be determined in the individual statutes, the Registrar shall be responsible for the exercise of the administrative coordination function of the various bodies and departments of the College, with the responsibility for constancy documentary of the agreements of the Assembly and the Governing Board, the issuance of certificates, the documentary custody, the elaboration of the annual memory, the referral to the General Council of the basic institutional data of the College and to ensure diligence for the fulfilment of these Statutes and the special statutes in the operation of the College.

4. Equally, without prejudice to the functions to be determined in the individual statutes, the Treasurer shall be responsible for the performance of the economic management of the College, with the responsibility for the presentation of the revenue budgets, expenditure and economic reports, as well as the establishment of the means for the recovery of quotas and their management and the carrying out of checks on the banking operations to be carried out by the College, as well as the opening, provision and cancellation of bank accounts, which will always be available to the Treasurer and one or more Members of the Governing Board.

5. The appointment of the representatives of the College in the General Council shall be carried out by internal agreement.

Article 15. Presidency or Decanate.

1. The legal representation of the College corresponds to those who hold the Presidency or Decanato, who also presides over the General Assembly and the Governing Board, ensuring the proper implementation of their agreements and adopting the measures in urgent cases. from.

2. If the person holding the Presidency or Decanate ceases in the course of the profession, within a period of not more than one month, he shall continue in the exercise of the position until the end of the term of office, to the decision of the General Assembly of the College. Failure to receive confirmation by the General Assembly shall result in the immediate cessation of the President or Dean and shall be carried out in accordance with the special statutes of each College.

Article 16. Electoral process.

1. The elections for the appointment of the Boards of Government of the Colleges shall be in accordance with the principle of free and equal participation of the collegial, without prejudice to the fact that the special statutes of each College may establish up to twice the assessment of the vote of the exercisers, in respect of the non-exercisers.

2. All collegiate members with the right to vote shall be eligible, in accordance with their special statutes. Members may be eligible for membership which, having the status of electors, is not prohibited or is legally or legally incapable of being prohibited and fulfils the conditions required by the respective electoral rules.

3. No conditions may be imposed for applications which exclude more than a quarter of the members of the college, with the exception of the requirement for professional practice. In the case of conditions of seniority in membership, no more than two years may be required, and in the case of professional practice no more than four years may be required.

4. The special statutes of the Colleges shall establish the maximum number of consecutive terms of office and their duration, which shall not exceed six years.

5. The vote shall be exercised in person, by post, or by electronic means, in accordance with what is established to ensure its authenticity.

6. Within 5 days of the establishment of the Board of Government of the College, the Secretary of the Government Board shall communicate its composition together with the basic institutional data to the General Council, if appropriate to the Autonomous Council. and the competent authority of the Autonomous Community. Basic institutional data is defined as the official name (s) of the Professional College, NIF, postal address, website, single electronic access point and institutional email. Any subsequent changes in the composition of the Governing Board and such basic institutional data shall also be communicated within the same period and to the same recipient.

CHAPTER III

Of The Colleges

Article 17. Tuition, revenue and transfers.

1. The Schools shall integrate professionals who are in possession of at least one of the following titles:

(a) Official university degree, in accordance with Royal Decree 1460/1990 of 26 October, establishing the official university degree of Technical Engineer in IT Management and the general guidelines of the plans of studies leading to the obtaining of that or with the Royal Decree 1461/1990, of 26 October, for which the official university degree of Technical Engineer in Computer Systems and the general guidelines is established (a) of the plans of studies leading to the attainment of that, or diploma of Diplomacy in Information technology in accordance with Royal Decree 1954/1994 of 30 September 1994 on the type-approval of titles to the Catalogue of Official University Titles created by Royal Decree 1497/1987 of 27 November.

(b) Degree of formal university degree linked to the profession of technical engineer in computer science, and meeting the conditions set out in Annex II to the Council of Universities Agreement establishing the Recommendations for the proposal by the universities of memoirs for the application of official titles in the fields of Computer Engineering, Technical Engineering and Chemical Engineering, published by Resolution of 8 June 2009, the General Secretariat of Universities.

(c) A university degree declared equivalent to the Spanish university degrees of degree linked to the profession of technical engineer in computer science, corresponding to the specific field of information technology and the communication (ICT) of Annex II to Royal Decree 967/2014 of 21 November 2014 laying down the requirements and procedure for the approval and declaration of equivalence to qualifications and at the official academic level and for the validation of foreign studies of higher education, and the procedure for determine the correspondence to the levels of the Spanish qualifications framework for the higher education of the official titles of Architect, Engineer, Licentiate, Technical Architect, Technical Engineer and Diplomat.

2. The membership shall be voluntary, unless otherwise provided for in law. To this end, the Colleges will have the necessary means to enable applicants to process their collegiation electronically, at a distance and free of charge in the terms of the basic legislation on professional schools.

If the respective individual statutes provide for an entry fee, their amount may not exceed that of the processing costs of the same.

3. The Schools may not require the members of the school, to exercise in a territory other than that of their collegiation, communication or qualification, nor the payment of financial compensation other than those which they normally require from their collegians. for the provision of the services of which they are beneficiaries and which are not covered by the collegial quota.

4. In the case of a professional exercise in territory other than that of the school, and for the purpose of exercising the powers of ordination and disciplinary authority corresponding to the College of the territory in which the professional activity is carried out, the benefit of consumers and users, the Colleges must use communication mechanisms and systems of administrative cooperation between competent authorities provided for in Law 17/2009 of 23 November on the free access to service activities and their exercise. The penalties imposed, where appropriate, by the College of the territory in which the professional activity is carried out shall have full effects throughout Spain.

5. In the case of temporary or occasional travel by a professional from another Member State of the European Union, the provisions on recognition of professional qualifications will be provided for in Royal Decree 1837/2008 of 8 November 2001. Directive 2005 /36/EC of the European Parliament and of the Council of 7 September 2005 and Council Directive 2006 /100/EC of 20 November 2006 on the recognition of qualifications are incorporated into the Spanish legal order professionals, as well as certain aspects of the exercise of the profession of lawyer.

Article 18. Classes of members of the College.

The following member types are set for the Colleges:

(a) Ordinary colleges: shall be those persons who meet the requirements laid down in Article 17.1. Ordinary collegiate members may be exercised or not exercised.

(b) Honoring colleges: those natural or legal persons who have acquired professional or academic merit in respect of technical engineering professionals in computer science, or in relation to the sciences and technologies of the information in general, or in respect of the collegial organisation in general or of a particular College.

In addition, it will be possible to be a collegiate of honor who have highlighted for their special work in the interest of the citizenry in matters of science and information technologies, all in accordance with the provisions of the respective ones particular statutes.

Article 19. Precollegiate.

1. The College may regulate in its special statutes the figure of the pre-collegiate to incorporate those students who are pursuing some of the official university degrees linked to the exercise of the profession of technical engineer in computer science.

2. The pre-collegiate members will not be members of the College nor will they participate in the collegial or the professional exercise, although it can be conceived as a form of collaboration with the Corporation with a particular legal status that will be defined by the Collegial organization that opts for its existence.

Article 20. Rights of the collegiate.

1. They are general rights of ordinary schoolgirls:

a) Concurrir, with voice and vote, to the Assemblies.

b) Addressing the governing bodies by asking for petitions and complaints, and collecting information on collegial activity.

c) Choose and be elected to managerial positions under the conditions that you point out in the particular statutes.

d) Require the intervention of the College or its report, where appropriate.

e) To be covered by the College as soon as it affects his/her status as a technical engineer in computer science.

f) Enjoy the concessions, benefits, rights, and advantages that are granted to the collegians in general, for themselves, or for their families.

g) Make, through the one-stop system, the necessary paperwork and obtain accurate information for access to your professional activity and your exercise, including collegiation and discharge electronically.

2. The members of the college of honour may have the same rights as the collegiate members, with the exception of those referred to in paragraphs (a), (c) and (e)

Article 21. Duties of the collegiate members.

1. They are general duties of the schoolgirls:

(a) Subject to statutory and statutory regulations, to the rules and uses of professional ethics and to the collegial disciplinary regime.

b) Observe a conduct worthy of his professional status and professional position, performing it with honesty, zeal and competence.

c) Establish, maintain, and strengthen the union and fellowship relationships that must exist among all technical engineering professionals in computing.

2. They are special duties of the collegiate members:

a) Contribute to the economic sustainability of the College.

b) To declare in due form their professional status and the other acts that are required in their condition as a collegiate, relating to their collective rights and obligations.

c) To comply with the agreements that the corporate bodies adopt in the sphere of their competence.

d) Communicate to the respective College how many circumstances of professional order are required for compliance with the collegiate functions.

CHAPTER IV

From the collegial visa

Article 22. Project Visa.

1. The visa for professional work is voluntary.

2. However, the Colleges must attend to the visa applications of their collegiates, organizing the appropriate services for this purpose. Applications may be processed electronically.

3. The visa shall verify the identity and professional qualification of the author of the work, using the records of the schoolgirls, as well as the correction and formal integrity of the documentation of the professional work in accordance with the rules that it is governed or applicable.

In addition, the visa will clearly express its object, detailing the extremes under control and report on the subsidiary responsibility of the College for the damages resulting from a professional work visa by the College, provided that such damage has its origin in defects which would have had to be brought to the attention of the College in the course of professional work and which are directly related to the elements which have been endorsed in that work concrete.

The visa will not include the technical control of the optional elements of the professional work. It shall also not include professional fees or other contractual terms, the determination of which is left to the parties ' free agreement.

4. The cost of the visa shall be reasonable, not abusive or discriminatory. The Schools will make public the prices of the visas of the works.

CHAPTER V

Colleges ' economic resources and budgets

Article 23. Economic resources.

Schools will have the following economic resources:

a) The amount of the fees that the collegiates satisfy.

b) The income, products and interests of your estate.

c) Donations, legacies, inheritances and grants from which the College may be a beneficiary.

d) The contributions, if any, of public or private entities.

(e) The rights to be charged to the College for the services provided to the collegial or third parties, such as the visa of the work carried out by the schoolgirls, certificates on documents or other services other than the previous ones. The amounts to be charged for such services shall be fixed by the General Assembly of each College.

f) The benefits derived from opinions, assessments, courses, seminars, sales of publications or print and other activities.

g) The benefits of your contracts and concerts with public or private entities.

h) Those who, by any other concept, proceed according to the applicable regulations.

Article 24. Quotas.

1. The quotas that for the support of the College, are obliged to satisfy the collegiate will be of two classes: ordinary and extraordinary that must be agreed by the General Assembly.

2. The General Council may, by agreement of its General Assembly, establish a minimum annual collegial quota for all Colleges which shall in no case exceed 5% of the minimum interprofessional salary.

3. For non-exercisable and honorary collegians, it shall be for their determination to be determined in accordance with the relevant special statutes.

4. Special statutes may lay down special conditions in the quotas, rights and duties of the members of the collective exercised in correlation with extraordinary or temporary situations, in particular in relation to the unemployment situation.

Article 25. Payments and collection of fees.

1. The individual statutes of each College shall determine the form of payment and collection of the fees.

2. If any colegate incurs arrears, the College shall require him to satisfy his or her debt within the maximum period determined by his or her special statutes, which shall be no more than six months. If I pass another month from the requirement without having to do so, the delinquent collegial will automatically be suspended from the rights granted to him by the present Statutes. The suspension shall be maintained until due to compliance with its collective economic duties, without prejudice to its eventual legal claim by the appropriate route.

3. Where there is a repeated non-compliance with the payment of the collective fees, and three months after the payment order has been made without the collegiate having regularised its situation, the College may process the final discharge.

Article 26. Budgets.

The economic regime of the Colleges is budgetary. The budget shall be unique and shall comprise the entire College's revenue and expenditure, with reference to the calendar year.

Article 27. Contributions to the General Council.

The Colleges and, where appropriate, the Autonomous Councils, shall satisfy the economic contributions approved by the General Assembly of the General Council.

TITLE III

About the General Council of Colleges

CHAPTER I

General Provisions

Article 28. The General Council.

1. The General Council of Official Colleges of Technical Engineering in Informatics is a corporation governed by public law, without profit, endowed with its own legal personality and full capacity to act for the fulfillment of its purposes, protected in the Article 36 of the Spanish Constitution, constituted by Law 21/2009, of 4 December, of the creation of the General Council of Official Colleges of Technical Engineering in Informatics and governed according to the provisions of this Law, by Law 2/1974, of 13 of (a) February, in respect of professional colleges and other applicable legislation, and, as far as is not provided for in above, by these Statutes.

2. The General Council will be composed of all the Technical Engineering Colleges in Informatics in Spain.

3. The acronym for the Council will be CONCITI.

Article 29. Finnish.

Are essential purposes of the General Council:

a) Promote the progress of the information and knowledge society in Spain, and its contribution to the general interest.

b) to ensure, in the field of their competence, that the constitutional provisions on the use of information technology are complied with in order to ensure the personal and family honour and privacy of the citizens and the full exercise of their powers; rights, including the right to the image itself.

c) Coordinate and represent the Colleges and, where appropriate, the Autonomous Councils, in terms of their own functions and are regulated in their statutes, at national and international level.

d) The institutional representation, in the field of its competence, of technical engineering in computer science.

e) The defence in the field of its competence of the professional interests of the technical engineers in computer science, as well as the protection of the interests of the consumers and users of the services of these professionals.

f) The defense and promotion of technical engineering in computing as a profession, through how many activities can contribute to its development and advancement.

g) Any other purposes attributed to it by law or by these Statutes, and which contribute to the development of technical engineering in computer science and society as a whole.

Article 30. Functions.

1. They are the functions of the General Council, when they have a national scope or impact, which are mentioned below, provided that they do not conflict with the competences of the different Colleges and Autonomous Councils:

(a) How many functions are in the interests of protecting the interests of consumers and users of the services of members of the member collective corporations.

b) Exercise as many functions as are entrusted to it by the public administration and collaborate with it by carrying out studies, issuing reports, compiling statistics and other activities related to its purposes they may be requested or agreed to make on their own initiative.

c) Ostend representation that establishes laws for the fulfillment of their purposes.

d) Participate in the advisory bodies or advisory bodies of the public administration in the field of technical engineering in computer science, in the legally established terms.

e) Being represented in University Patronates, when legally applicable.

f) Participate in the elaboration of the study plans and inform the norms of organization of the teaching centers corresponding to the technical engineering in computer science, in cases where this participation is required by the educational institutions, and to maintain permanent contact with them and to prepare the necessary information to facilitate access to the professional life of the new professionals.

g) To present, in its field, the representation of the profession and the defense of the profession before the Public Administration, Institutions, Courts, Courts, Entities and individuals, with legitimization to be a part in how many Disputes affect professional interests and exercise the right of petition, in accordance with the law.

(h) To order in the field of their competence the professional activity of the members of the corporate members, ensuring ethics and professional dignity and respect due to the rights of individuals and to exercise the disciplinary faculty in the professional and collegial order.

i) Organize common activities and services of interest to the collegiate members of the corporate, professional, formative, cultural, welfare and foresight and other analogues, contributing to the support by means of the necessary means.

j) To promote harmony and collaboration among the members of the member corporations, and between them and other professionals, as well as in general, to promote gender equality.

k) Adopt measures conducive to avoiding professional intrusive, in the legally established terms.

l) To intervene, in the form of conciliation or arbitration, in matters that, for professional reasons, are raised among the members of the corporate members.

(m) To resolve, at the request of the interested parties, the discrepancies that may arise as regards the fulfilment of the obligations arising out of the work carried out by the members of the corporate exercise of the profession.

n) Report on judicial or administrative proceedings in which professional fees are discussed.

n) Organize, where appropriate, courses for the vocational training of post-graduates.

or) Fulfill and enforce the collective laws of the member corporations the general and special laws and the statutes and regulations of the internal regime, as well as the norms and decisions adopted by the collective organs, in matter of their competence.

p) Understanding requests for information on the members of the corporate members and on the firm sanctions imposed on them, as well as requests for inspection or investigation to be issued by any authority competent of a Member State of the European Union or of the institutions of the European Union, in accordance with the terms laid down in Law 17/2009 of 23 November on the free access to and pursuit of the activities of services, in particular refers to requests for information and to carry out checks, inspections and investigations are duly substantiated and the information obtained is used only for the purpose for which it was requested.

q) Exercise disciplinary functions with regard to members of the Boards of Government of the Colleges and members of the collegiate bodies of the Autonomous Councils and of the General Council itself, and to address the conflicts which may arise between the different Colleges, in accordance with the provisions of Article 9 of Law 2/1974 of 13 February, and without prejudice to any other provisions. This function shall be exercised by the Governing Board of the General Council or, where appropriate, by the provisions of the General Council's Rules of Procedure.

r) How many other functions are in the interest of the professional interests of the members of the member corporations.

2. They are specific functions of the General Council, at national level:

(a) Participation in drawing up, within the European Union, codes of conduct intended to facilitate the free exercise of the profession or the establishment of a professional of another Member State, while respecting in any case the rules of defence of competition.

b) Establish the instruments of cooperation with the respective Colleges to make the communication mechanisms and systems of administrative cooperation effective.

c) The coordination and joint representation of the existing Councils and Colleges in Spain.

d) Develop the general statutes of the Colleges, as well as their own.

e) Approve the particular statutes and view the regulations of the internal regime of the Colleges.

f) Address the conflicts that may arise between the different Colleges.

g) Adopt the necessary measures for the Colleges to comply with the resolutions of the General Council of its own jurisdiction.

h) Exercise disciplinary functions with respect to the members of the General Council itself and, unless otherwise provided in the autonomic regulations, with respect to the members of the Boards of Government of the Colleges.

i) Approve your budgets and regulate and equitably fix the contributions of the Colleges.

j) Inform preceptively any draft amendment of the legislation on professional schools.

k) To assume the representation of the collegiate professionals in Spain to similar entities in other nations.

l) Organize with national character institutions and services of assistance and foresight and collaborate with the public administration for the application to the collegiate professionals of the most appropriate social security system.

m) Try to achieve the highest level of employment of the members of the corporate members, collaborating with the public administration to the extent necessary.

n) Adopt the measures you deem appropriate to provisionally complete with the oldest schoolgirls the Boards of Government of the Colleges when the vacancies of more than half of the posts of those are produced. The Interim Board, thus constituted, shall exercise its functions until the appointed by virtue of election, which shall be held in accordance with the statutory provisions.

n) Ensure that the conditions required by the laws and statutes for the filing and proclamation of candidates for the positions of the Boards of Government of the Colleges are met.

or) How many other functions serve the fulfillment of their purposes, in accordance with the legislation.

Article 31. Venues.

1. The General Assembly may designate the location of the General Council's institutional headquarters, as well as the electronic headquarters.

2. The Executive Headquarters of the General Council shall be that of the College of which the Chair of the Governing Board is held.

3. Independently of the institutional and executive offices of the General Council, the communications referred to the General Council shall be valid through the entry records and the single electronic access point of any of the Colleges or Regional Councils of Spain.

For these purposes, the secretariats of each corporation shall process with due diligence the written and communications referred to the General Council through them.

4. The General Assembly and the Governing Board may also hold meetings in places other than any of its venues.

Article 32. Governing bodies.

1. The governing bodies of the General Council are the General Assembly and the Governing Board.

2. The governing bodies have full independence for the exercise of the functions emanating from the current regulations and the present Statutes, ensuring, in any case, the joint and coordinated action for the fulfillment of the final objectives. of the Council.

CHAPTER II

From the General Assembly

Article 33. Competencies.

The General Assembly is the highest governing body of the General Council, and as such assumes the following powers:

a) Choose from Government Board charges.

b) Caesar to the Governing Board or any of his or her posts by adopting the vote of no confidence.

(c) To elaborate the general statutes provided for in Article 6.2 of the Law on Professional Colleges, as established by the second paragraph of the second paragraph of Law 21/2009 of 4 December of the General Council of Official Colleges of Technical Engineering in Informatics.

d) Approve the settlement of expired budgets, balances, and annual accounts for the year.

e) Approve the annual government plan, as well as the current year's budgets, and credit ratings.

f) Approve each year the memory corresponding to the expired exercise, which shall contain at least the information required by Article 7 of these Statutes.

g) Authorize the acts of disposition of the own real estate and actual rights constituted on these, as well as of the remaining own property assets that are listed as being of considerable value.

h) Control the management of the Governing Board, collecting reports and adopting, where appropriate, appropriate motions.

Article 34. Composition.

The General Assembly of the General Council consists of the following members:

(a) Those who hold the Presidency or Decanate of each Professional College or those who are statutory to replace them.

b) A maximum of two additional collegiate representatives from each College, appointed by the corresponding governing body from among the professionals to hold the status of delegates to the General Assembly.

(c) Members of the Governing Board of the Council, with a voice, and where appropriate, vote, to the extent that they are delegated to the General Assembly.

Article 35. Meetings.

1. The General Assembly shall meet, on an ordinary basis, once a year, within the first quarter of the year.

2. The General Assembly shall meet with extraordinary character upon request, without distinction:

a) The Governing Board.

(b) At least one third of the Colleges which comprise the General Council with a representativeness of coefficients of at least one fifth of the total number of ratios of the Colleges to the payment of the fees.

The Extraordinary General Assembly shall be held within one month from the request, with the strict agenda to be proposed by the applicants.

3. At the request of the President of the General Council, the Secretariat shall call in writing in paper or digital form sent to the postal address or electronic address, or other means of contact, which are provided in a reliable manner. the seat of the College or directly to the person concerned, with the place, date, time and order of the day and, at least, 15 days in advance, except in cases of justified urgency in which it may be called in a feisty manner with a minimum of 5 days in advance.

In the case of the ordinary assembly, the agenda will include, at least, a report by the President of the General Council, annual memory, approval of accounts and budgets, annual plan of government, proposals to be carried out from Schools and pleas and questions.

Each call will include an express section that will report, on each corporation, its assigned coefficient of votes and outstanding economic contributions that may result in the loss of voting rights.

4. The notice shall be inserted in the notice board of the General Council, as well as, where appropriate, on the General Council's website, with the marking of the day, place of celebration, time and the corresponding order of the day.

5. The following topics can only be submitted for approval in an extraordinary General Assembly:

a) Modify the general statutes of the Colleges and the General Council's own statutes.

b) Authorize the Governing Board for the disposal of immovable property that is part of the estate of the collegial corporation.

c) Censoring the performance of the Governing Board.

d) Agree to the merger, absorption, segregation and dissolution of the General Council.

e) Approve the rules of internal regime of the General Council.

f) Approve the code of ethics.

6. The General Assembly shall be validly constituted when, duly convened, the absolute majority of its members with the right to vote and, on the second convocation, 30 minutes later, whatever the number of the members, is duly convened. wizards.

Assistance may be non-presential whenever the Governing Board has it and the available electronic means allow to continue and intervene in the Assembly in a normal way and whenever its development mechanism is governed by the rules of procedure of the internal system.

7. In any case, the following charges will be required for the General Assembly to be validly constituted:

(a) First call, the Presidency and the Secretariat first.

b) On the second call, the Presidency or one of the Vice-Presidencies, and at least one of the Secretaries.

c) If this is an extraordinary call at the request of the members of the General Assembly, it will be sufficient for the presence of two of its convening members on the second call, who would assume the Presidency and the Secretariat of the session in the absence of the positions of the Governing Board.

8. Whoever holds the presidency of the Governing Board, or who replaces him in the General Assembly, will be responsible for presiding over the meeting, as well as for maintaining order, granting the use of the word, and moderating the development of the debates.

Article 36. Representation.

1. Each College shall be responsible for:

(a) A coefficient of vote, determined as the proportion of the number of collegiate professionals in that College in relation to the total census of collegiate professionals throughout the national territory, both accredited to the date of call of each General Assembly, expressed as a percentage with a maximum of two decimal places.

b) Three individual votes, corresponding to the maximum number of members who can attend the General Assembly on behalf of a corporation.

2. Each representative shall hold the corresponding fraction of each College's coefficient, as well as an individual vote.

If there are fewer than three representatives of each College, the Dean or President of that corporation or who may have a statutory replacement shall accumulate the fractions of the coefficients and the individual unattributed votes.

3. The members appointed by the Autonomous Councils shall have a voice in the Assemblies, but shall not vote individually and by coefficient, except that any of the Colleges that compose it shall delegate their representation in full and expressly.

In such a case, the criterion of distribution to its representatives will be the same as that established in the previous section for the Colleges, taking for the allocation the sum of individual votes and coefficients of those Colleges that have delegated their representation.

4. The Secretariat of the General Council shall, at least two days in advance of the General Assembly's conclusion, send a certificate to the Secretariat of the General Assembly, a certificate containing the names of the representatives of the General Assembly. College for the General Assembly, who shall duly accredit their identity to the Council Secretariat prior to the holding of the meeting.

This certificate will not be required when there are no variations on the members attending a given corporation.

5. The Schools must be aware of the payment of the quotas provided for in Article 53 of these Statutes in order to assert their rights of representation to the General Council Assembly, as specified in Article 38.5 of the Statute of the European Parliament. These Statutes.

6. The Autonomous Councils, if any, will be represented to the extent that the Colleges that make up them are represented.

Article 37. Census of Colleges.

1. To calculate the coefficients of representation of the previous Article, each College shall forward to the Secretariat of the General Council, at least two days before the General Assembly, a certificate stating the of registered collegiates on the date of the call, which shall be taken as the basis for such computation in respect of the national total.

2. The Territorial Schools shall provide the General Council with information on the collegial required for the fulfilment of its legal obligations. At least the following information shall be provided for the members of the school: name and surname of the professional staff, number of members of the school, official titles of those in possession, professional address, e-mail, professional qualification, and date of tuition. The referral of this updated information shall be made at least once a year and, in any case, in a complementary manner to the certificate of census of collegiates for the calculation of the coefficients of representation.

Article 38. Adoption of agreements.

1. For the adoption of agreements, the simple majority of valid individual votes cast (present or represented), which in turn assumes the simple majority of the sum of coefficients except in the cases provided for in the paragraphs, shall be necessary. next.

2. A favourable vote shall be required of at least two thirds of the valid individual votes cast, the sum of which shall in turn represent at least two thirds of the total sum of the coefficients corresponding to the votes cast. valid individual issued for the following agreements:

(a) Approval of the proposal for general statutes of the Colleges and the statutes of the General Council.

b) Motion of censure of the Governing Board or any of its members.

3. In the event of a tie, you will vote for the Presidency's quality.

4. The votes shall be public.

5. Those schools which have not satisfied the financial contributions to which they are obliged shall lose their right to vote in the General Assembly. Only valid, present or represented individual votes, as well as their coefficients, shall be considered as possible individual votes for representatives of Colleges which are aware of their economic contributions.

Article 39. Cease the exercise of the profession of the members of the Assembly.

1. Where the President or Dean of a College ceases to pursue the profession, the provisions of Article 15.2 shall be followed and the decision of the General Assembly of the College on his or her office shall be communicated to the Secretariat of the Council. confirmation or not in office.

2. If any of the other representatives of a College in the General Assembly cease to pursue the profession, the continuity of the exercise of the position shall be submitted to the decision of the Governing Board of its College. The Governing Board may either ratify the position of that person or propose to another person other than that person to hold such a position, which shall be communicated to the Secretariat of the Council.

CHAPTER III

From the Governing Board

Article 40. Composition.

1. The Governing Board shall be composed of the following positions:

a) Presidency.

b) First vice presidency and, optionally, second vice presidency.

c) Secretariat and, optionally, Vice-Secretary.

d) Treasury.

2. There will be as many vocations as Colleges, with the restriction that the same College may not have more than one Vocalia, being able to become vacant by decision of each Professional College.

3. No College may have more than three members on the Governing Board.

Article 41. Elections.

1. The General Assembly shall elect, from among the candidates to be elected, a Governing Board for the development and execution of the functions established in these Statutes and of the mandates and agreements approved by the General Assembly. Applicants may be eligible for applications which are not subject to a statutory, statutory or disciplinary prohibition or incapacity.

2. The call for elections must be held by the Governing Board at least 45 days in advance of the date of the celebration, and will provide the corporations with the percentages of participation of the corporations. This percentage may be subject to variations in accordance with the provisions of Article 37. These percentages of participation will be available on the Council's website and/or its Secretariat.

3. Schools wishing to make a complaint against the percentages of participation must formalize it within 5 days of being exposed and communicated. These claims must be resolved by the Governing Board within 3 days of the expiration of the deadline to make them, and the resolution must be notified in a manner to each claimant within 10 days. next. In the case of no complaint, the percentages presented shall be accepted. The Governing Board shall proceed 3 days before the date set for the holding of the elections, to make public the final percentages on the Council's website and to send them to the secretariats of the Colleges forming the Council.

4. The President shall be elected by all Presidents and Decans of Spain or, failing that, by those who have been legally appointed to replace them with President-in-Office.

The rest of the charges will be presented individually, so the method to follow will be that of open lists.

5. The place, date and time for the vote shall be fixed, specifying the opening and closing time of the place where the vote is taken.

6. Candidates for President shall be able to submit briefly the circumstances and the programme of their candidature before the vote is taken. The maximum presentation time will be 20 minutes to be shared among all candidates.

7. Members of the Assembly shall vote for nominations for individual positions if there is more than one candidate for the same position, with the result that the candidate is elected with a higher number of votes and a ratio of coefficients. In the case of a single application for a position, the vote will be directly elected, not requiring a vote.

8. In the previous votes, in the event of a tie or of not fulfilling the joint majorities of votes and coefficients, a second round vote shall take place in which the coefficients assigned to the Colleges shall first be taken.

Article 42. Validity of the charges.

1. The term of office of the members of the Governing Board shall be four years.

2. Members of the Governing Board may hold a maximum of two consecutive terms of office.

3. Members of the Governing Board shall cease when any of the following circumstances arise:

a) Loss of membership of the General Assembly.

b) Dimission.

c) By motion of censure approved in accordance with these Statutes.

d) By termination of the mandate as provided for in paragraph 1 of this article.

e) By causing low as a collegiate member.

f) By moving from your College of Origin to another that already has three members on the Governing Board.

g) For lack of assistance to the meetings of the Governing Board. The absence of assistance, three consecutive meetings or five alternate meetings, shall be deemed to be automatic waiver of the charge and shall bring together the immediate cessation, unless it is due to illness, force majeure or any other justified cause. A period of 20 days from the day following the meeting shall be provided for the person concerned to send the Council secretariat in a written form accompanied by any document justifying the reason for the absence. The letter shall indicate whether it is a disease, force majeure or other justification.

4. In such assumptions:

(a) In the event that he causes a discharge of vowel, the College to which the vowel belongs, he/she may elect from among the members of the Assembly representing that College the new person who will occupy the position, after which the Board of Government will account for the General Assembly at the next regular meeting.

(b) In the event that one of the principal posts is caused to be low, with the exception of the Presidency, the Governing Board shall replace among the members of the Board, in the absence of any interested party, the Board shall appoint among the members of the Board of Directors. members of the Assembly and interested in being part of it, to the new person who will hold office, after which the Governing Board will give the General Assembly to the next regular meeting, if the vacant position is not filled, the The remaining board of government will convene elections as a matter of urgency within one month, following the the procedure described in Article 41.

5. If the vacancy of more than half of the members of the Governing Board or of the Chair is produced, the remaining members of the Board shall convene elections as a matter of urgency within one month, following the procedure described in the Article 41.

Article 43. Cease the exercise of the profession of members of the Governing Board.

If any member of the Governing Board ceases to exercise the profession, the following procedure shall be carried out:

(a) Within the maximum period of one month, the continuity in the exercise of the position shall be submitted, until the end of the term of office, to the decision of the person concerned in accordance with the position of the College in accordance with Article 39. If no confirmation is received, that member shall immediately cease to be in office.

(b) If confirmation has been received in the exercise of the office, the Secretariat of the Council shall be notified which, within one month, shall convene the Extraordinary General Assembly of the Council for ratification of its continuity in the exercise of the position.

(c) In the event of receipt of the ratification by the Assembly of the Council, the member may continue to hold office at the Board until his term of office is exhausted.

In case of failure to receive the ratification by the Assembly of the Council, it shall be the immediate cessation of the member of the Governing Board and shall be carried out in accordance with the provisions of Article 42.

Article 44. Functions.

These are the competencies of the Governing Board:

(a) The direction and administration of the General Council and its assets.

b) Develop and raise to the General Assembly, for approval, the action programmes corresponding to the development of the guidelines and general lines of professional policy established by the General Assembly.

c) The implementation of the General Assembly agreements.

d) The drafting of draft regulations, codes and other state-wide collective standards.

e) The preparation of the issues to be dealt with by the General Assembly.

f) The elaboration and issuance of reports on the legislative proposals of the General Administration of the State, in the cases legally provided.

g) The resolution of the appeals filed with the General Council, as soon as they are competent for the General Council.

h) The promotion of image measures of the profession.

i) Information to the Colleges, and Autonomous Councils, as well as to the members of the General Assembly of their actions and how many issues affect them.

j) Issue awards.

k) All functions and activities necessary and inherent in the operation and activity of the General Council, and not of competence of the General Assembly.

l) Promote the creation of professional schools in the autonomous communities that lack them, as well as in the cities of Ceuta and Melilla.

m) Approve the work plans and agree to the creation of any commissions, working groups or committees to be precise, which must be ratified in the next assembly.

Article 45. Motion of censure.

1. The General Assembly may propose the motion of censure of the Governing Board or any of its members.

2. The motion of censure shall be proposed at least by the third party of the members of the General Assembly and shall be clearly expressed in the grounds on which it is founded.

3. The motion for a resolution shall be submitted by the General Assembly on an extraordinary basis within a maximum of one month and at least 15 days in advance. If it does not do so, it shall be entitled to convene it in a manner which is the oldest member of the signatories of the motion of censure.

4. The approval of the motion of censure on the Governing Board will take with it the celebration, within the maximum period of one month, of a new election of the Governing Board, continuing between it is in functions until the inauguration of the new elected office.

5. Those who have filed a motion of no confidence in the Governing Board shall not be able to make any other motion against the same Governing Board within one year.

6. The Governing Board may submit to the General Assembly a motion of confidence for the ratification of its management and/or program of government, the formulation, processing and effects of which shall be in accordance with the provisions of the motion of censure.

Article 46. Call and meetings.

1. The Governing Board shall meet at least on a quarterly basis or at the request of the Chair or three of its members by means of communication to the Presidency.

2. The calls shall be made by the Secretariat, on the mandate of the Presidency, with a minimum of 10 days ' notice, in a feisty manner, with the expression of the place, day and hour, as well as the agenda. In case of non-presence, the procedure to be followed shall be indicated for the performance of the procedure.

In cases of justified urgency the call may be made by any means in a way that is 3 days in advance.

The calls will be sent in a feisty way, at least to the convoked, and to the secretaries of all the schools.

3. The Governing Board shall be validly constituted provided that, duly convened, the two-thirds of its members attend the first convocation, provided that they include the Presidency or any of the Vice-Presidencies and the Secretary and, on the second call 30 minutes later, whatever the number of assistants whenever the Presidency or any of the Vice-Presidencies and the Secretariat or Vice-President are among them.

4. Meetings of the Governing Board may be held in a non-face-to-face manner to facilitate the attendance of all members, unless it is decided by its members to hold an in-person meeting, with the place, day and time being approved. of the next meeting. Non-face-to-face meetings should be carried out using the necessary technological means to ensure:

a) The technological capability of all members to participate in the meeting.

b) The record of the session and the agreements.

(c) Members of the Governing Board must maintain at all times the confidentiality of the contents expressed in the course of the meeting of the Board, with the exception of those who, by their nature, content and compliance with the statutes should be made public. The agreements shall be communicated in a manner to all the Member States of the Council.

5. The meetings may be recorded as support for the performance of the minutes.

6. The minutes of the meetings shall be duly signed at the disposal of the collegial organisation within 20 days of the last meeting in which the minutes were signed.

Article 47. Adoption of agreements.

1. Each member of the Governing Board holds a single vote, with no delegation left.

2. The agreements shall be taken by a simple majority of those present.

3. The quality vote of the presidency will lead to the possible draws.

CHAPTER IV

From one-person charges

Article 48. Presidency.

They are the functions of the President of the Governing Board:

a) Call and chair the meetings of the General Assembly and the Governing Board.

b) Coordinate the tasks of the Governing Board to facilitate and contribute to the performance of its tasks.

c) Represent the General Council in all its fields of action and, in such a capacity, assume the representation of how many rights and duties are incumbent upon the Council vis-à-vis third parties, public or private.

(d) To assume as many powers as are derived from these Statutes, the laws in force, those that are accurate to carry out the normal operation of the General Council or those entrusted to it by the General Assembly.

e) Issue awards.

Article 49. Vice Presidencies.

1. Whoever holds the First Vice-Presidency shall replace the Presidency in the event of a vacancy, absence or illness and in all the tasks entrusted to it by the Presidency, where it is necessary to inform the Presidency of the development of its tasks.

2. It may also have any other functions entrusted to it by the Governing Board and not attributable to the other charges.

3. Whoever holds the second Vice-Presidency, if any, shall assume the functions of the First Vice-Presidency in the event of absence or vacancy of the latter.

Article 50. Secretary and Deputy Secretary.

1. These are the functions of the Secretary of the Government Board:

(a) The documentary evidence of the General Assembly and Government Board agreements, certifying them with the approval of the Presidency, and raising the record of all meetings.

b) The custody and updating of the main contact details of the members of the General Assembly, and the institutions of the Council corporations, which will be available to all members of the Assembly General.

c) Receive and account the Presidency of all requests and communications referred to the Council.

d) Take over the administrative coordination of the various organs and services of the General Council, as well as the leadership of the General Council staff.

e) To assume all powers are derived from these Statutes, from the legislation in force, as well as those entrusted to it by the General Assembly or the Presidency.

2. The Deputy Secretary, if any, shall assume the duties of the Secretariat in case of absence or vacancy of the Secretariat.

Article 51. Treasury.

These are the functions of the Government Board's Treasury:

(a) The economic management of the General Council and, consequently, its funds and its administration. This function cannot be delegated in any case.

b) Present the budgets of income, expenses and economic memories, as well as establish the means for the collection of the quotas and their management.

c) Take control of the banking operations to be performed by the Council.

d) Open, dispose and cancel bank accounts, which will always be available to the Treasurer and the President or Secretary.

e) To assume all powers are derived from these Statutes, from the legislation in force, as well as those entrusted to it by the General Assembly or the Presidency.

Article 52. Vocalias.

1. The Vocals shall have the task of coordinating the work of the working committees, working groups or committees which are to be established by the General Assembly.

2. They may also have the functions entrusted to it by the Governing Board, as well as the supply of those positions which will become vacant, and it is necessary to inform the same of the development of their duties.

3. They shall also contribute as many proposals as contributing to the smooth functioning of the General Council.

CHAPTER V

From the funding of the General Council

Article 53. The quotas.

1. For economic support and the achievement of the purposes of the General Council, the General Assembly may fix the quotas it deems necessary.

2. The quotas may be ordinary or extraordinary.

3. The General Council, provided that the economic viability of the corporation is guaranteed, may establish deferrals of the payment of the quotas by the corporations.

Article 54. The collection of quotas.

1. The obligation of the corporations to pay to the General Council will be born when one of the following assumptions is present:

(a) In the case of ordinary shares, with the submission of any of the collegial census certificates referred to in Article 37 of these Statutes.

(b) In the case of extraordinary quotas, the day after the date of the General Assembly at which its establishment was agreed.

c) In the case of Colleges, or Autonomous Councils, of new creation, at the time their governing bodies are constituted.

2. The maximum period for the full payment of the quotas by the corporations shall be computed, unless otherwise agreed in the General Assembly, as follows:

(a) For ordinary shares on the last business day of the fourth month of the year.

(b) For extraordinary quotas, six months after approval, or for which the General Assembly determines in the agreement where it was established.

3. Schools which do not carry out the corresponding fertilisers shall be subject to the voting disablement described in Article 38.5 of these Statutes.

Article 55. The ordinary shares.

1. Each College shall pay the ordinary shares of the General Council on the basis of the coefficient of representation of votes to the date of the General Assembly at which the establishment of the quota was approved.

2. The amount of the quotas shall be single annual, irrespective of the time of entry of each professional into a given College.

Article 56. The extraordinary quotas.

1. The extraordinary shares shall correspond to each corporation according to the coefficient of voting representation.

2. The calculation of the proportion shall be carried out in the same way as the voting coefficients, taking as the reference date for the calculation the date of celebration of the General Assembly in which the establishment of the quota was approved.

Article 57. Other resources.

The General Council may count for its financing, in addition to the quotas referred to in the previous article, with the following economic resources:

(a) The rights or fees for the issuance of certifications, opinions, reports, or other assessments that are required, and are contemplated by law.

b) The returns on your estate.

c) Income from publications or other paid services that you have established.

d) The grants or donations you receive.

e) How many other additional contributions provide for existing legislation.

CHAPTER VI

Of General Council employees

Article 58. Competence for its designation and operating system.

1. The Governing Board, meeting the needs of the service, shall determine and designate the number of employees of the Board, as well as the distribution of work, salaries and rewards.

2. The Secretary shall propose to the Governing Board the powers and functions to be performed by its various employees.

3. The Council's budget shall contain the appropriations relating to the staff of the staff. The Board may appoint, from unforeseen circumstances, any personnel deemed necessary by the Board.

TITLE IV

Disciplinary regime

Article 59. Applicable rules.

1. The disciplinary arrangements of the members of the collective organisations shall be governed by the provisions of the Code of Ethics, if they exist, and, in the absence of such provisions, by the provisions of Title IX, Chapters I and II of Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure and in the Rules of Procedure for the exercise of the Sanctioning Authority, approved by Royal Decree 1398/1993 of 4 August.

2. The disciplinary regime established in these Statutes is without prejudice to the responsibilities of any order in which the members of the profession are involved in the development of the profession.

Article 60. Competence.

1. Professional Colleges will exercise disciplinary authority to correct actions and omissions by their collegians. This function shall be exercised by the Board of Government of the College or, where appropriate, by the special statutes and/or the Rules of Procedure of the College.

2. Before any sanction is imposed, the corresponding Deontological Commission of the collegial organization, whose report shall not be binding, shall be heard if it exists.

3. The collegial organisation shall keep a record of penalties and shall be obliged to keep the file at least until the disciplinary liability is extinguished. Firm disciplinary sanctions shall be recorded in the personal file of the offender. Such entries shall be cancelled, either on their own initiative or at the request of a party, within the time limits laid down in Article 66.4.

Article 61. Minor fouls.

1. Minor faults shall be considered:

(a) Failure by a collegiate of statutory rules or agreements adopted by the collegial corporation, unless they constitute a lack of superior entity.

(b) The lack of respect for the members of the collegiate bodies of the collegial corporation in the performance of their duties, where it does not constitute a serious or very serious fault.

2. Special infractions are considered those minor faults in which it is required, as a specific qualification to be an author, the ostentation of a corporate position:

(a) The dejation of duties or the lack of diligence, without intentionality, in the performance of their duties as a member of the governing bodies of the entity.

(b) Failure by a member of a governing body of a territorial college of statutory rules or agreements validly adopted by the General Council or, where appropriate, by the Autonomous Council, except which are a lack of higher entity.

(c) Repeated failures of assistance due to an unjustified cause of a member of the Governing Board of the entity to the meetings of that Board of Government or the also unjustified non-acceptance of the performance of the charges the corporate that is entrusted to you.

Article 62. Serious fouls.

1. Serious faults shall be considered:

a) The reiteration of 5 minor faults within twelve months from the commission of the previous infringement.

b) Negligence repeated 5 times within twelve months in the fulfilment of the obligations assumed in the bodies of the collegial corporation.

c) Negligence repeated 5 times within twelve months in the enforcement of legislation on professional colleges, particular statutes, as well as the present Statutes.

(d) acts or omissions contrary to the respect and dignity of the profession.

e) Indicate a qualification or title that is not held, of the required to be a member of the collegial corporation.

f) The concealment of data or elements of judgment of general interest to the profession which is or which by its nature should be held by those responsible.

g) To neglect the duty of the collegiates to inform consumers and users about the development of their professional activity.

2. Special infractions are considered to be those serious faults in which it is required, as a specific qualification to be an author, to hold a corporate position:

(a) Deliberately rebellious indiscipline with respect to the organs of the collegial corporation, in the exercise of their functions and unless they constitute a lack of superior entity.

(b) The secret or negligent infringement of the secrecy of the deliberations held in the bodies of the collegial corporation, when expressly agreed upon.

c) To disregard the requirement made by the General Council for information of collegial in its respective territorial scope, if applicable.

d) The serious breach of the agreements validly adopted by the governing bodies of the collegial corporation.

Article 63. Very serious fouls.

1. Very serious faults will be considered:

(a) The reiteration of 5 serious faults within twelve months of the commission of the previous infringement.

b) Serious faults that meet either of the following conditions:

1. Affect the democratic functioning of the entities or the rights of the collegiate.

2. Cate the due control of the General Assembly of the entity.

3. They affect the operation of the General Council or the representativeness or lack thereof of a College in the General Council.

(c) The attack against the dignity of persons on the occasion of professional practice.

d) The cover-up or any kind of protection provided to the professional intrusive in the legally established terms and provided that he has been convicted of a firm sentence.

e) Any conduct constituting a criminal offence, provided that he has been convicted of a firm sentence.

(f) The coercion, threat, retaliation or any other form of serious pressure exerted on the organs and persons in the exercise of their competence in the collegial corporation.

2. Special infractions are considered to be those very serious faults in which it is required, as a specific qualification to be an author, to hold a corporate position:

(a) The infringement of the secrecy of the deliberations of the General Council bodies, when expressly agreed upon.

b) To disregard the requirement made by the General Council on the census of collegial of the respective College, if applicable.

Article 64. Penalties.

1. Minor faults will be sanctioned with private and/or public admonition.

2. The serious misconduct of the members of the institution shall be sanctioned with the suspension of the position assumed in the entity and disqualification to occupy any position of responsibility in the collegial organization for longer than one month less than six months. Serious misconduct by collegians will be sanctioned with the suspension of the collegial and disqualification to occupy any position of responsibility in the collegial organization for longer than one month and less than six months.

3. The very serious faults of the members of the organs of the entity will be sanctioned with the suspension of the position assumed in the entity and disablement to occupy any position of responsibility in the collegial organization for longer than six months less than two years. The very serious mistakes of the collegiate will be sanctioned with the suspension of the collegial and disqualification to occupy any position of responsibility in the collegiate organization for longer than six months and less than two years.

4. The reiteration of 5 times in the commission of very serious faults will be sanctioned with the expulsion of the entity and the disablement to occupy any position of responsibility in the collegial organization for a period of up to five years. This resolution shall be approved by at least two-thirds of the members of the body making the resolution.

5. In the preceding case, the expelled member shall be replaced, within the governing body of the entity by the same procedure laid down in the case of the resignation of the office.

6. Each of the disciplinary penalties provided for in the preceding paragraphs shall entail the obligation to correct or correct the defects and irregularities observed; to rectify the situations or conduct imparted; definitive, the agreement which, at the same time, is adopted by the competent body following facts deducted and verified during the processing of the file.

7. Commission of the faults provided for in this title by the General Council shall be transferred to the Governing Board of the College or Autonomous Council to which the infringer represents in the Council, which shall transmit a report within the time limit. 10 days to be binding.

8. Failure to issue the report within the prescribed period shall not preclude the continuation of the sanctioning procedure.

9. The following circumstances shall be taken into account in the rating of infringements and the imposition of penalties:

a) The severity of damages caused.

b) The degree of intentionality, recklessness or negligence.

(c) The evidence or contempt of the competent body during the processing of the file.

d) The duration of the sanctionable event.

e) Reincidents.

10. Resolutions imposing penalties for serious or very serious misconduct, once they have been established on an administrative basis, may be made known to the authorities concerned, using the means of communication deemed appropriate.

11. The penalties for suspension of the exercise of office within the collegial organisation shall be communicated to the competent administrative authorities.

Article 65. Extinction of disciplinary responsibility.

Disciplinary responsibility will be extinguished:

a) By death of the defendant.

b) By compliance with the sanction.

c) By prescription of violations or penalties.

d) By agreement of the competent collegial corporation.

Article 66. Prescription of violations and penalties and cancellation of antecedents.

1. Violations prescribe:

a) Mild, at six months.

b) The severe ones, per year.

c) The very serious, at two years.

2. Penalties prescribe:

a) Mild, at six months.

b) The severe ones, per year.

c) The very serious, at two years.

3. The time limits for the limitation of infringements shall start from the commission of the infringement. The limitation period shall be interrupted by any express and manifest action aimed at investigating the alleged infringement and with knowledge of the person concerned.

The limitation periods for the sanctions are beginning to be counted from the day following the one in which the resolution for which the sanction is imposed has become firm. The execution of any act of the competent collegial corporation express and manifest of execution of the sanction will interrupt the limitation period.

4. The cancellation means the cancellation of the precedent sanctioning all the effects. The entries in the personal file of the infringer of the penalties for the commission of minor, serious and very serious faults shall be cancelled, ex officio or at the request of a party, after the expiry of the period of one year in the case of the penalties for faults light, two years in that of the serious and four in that of the very serious, to count from the day of compliance or prescription of the sanction.

5. In the case of expulsion, the General Council may, at least three years after the finality of the sanction, agree on the rehabilitation of the expelled, for which the appropriate file shall be opened at the request of the latter. The General Council shall request a report from the collegial corporation of the data subject which shall be binding upon it.

Article 67. Procedure.

1. No disciplinary sanction may be imposed without prior evidence to the effect, in accordance with the procedure laid down in this Title.

2. The Rules of Procedure for the Exercise of the Sanctioning Authority, approved by Royal Decree 1398/1993 of 4 August, or the rule of application, will be applicable in this title.

3. The disciplinary file shall be initiated by agreement of the Governing Board, which shall appoint an Instructor among the members of the Governing Board of the General Council or of the corporations that are part of the General Council with more than ten members. years of professional practice and may take the measures of a provisional nature which are necessary to ensure the effectiveness of the decision which may be made, the good end of the procedure, the prevention of the effects of the breach and protect the requirements of the general interest.

4. The procedure shall be automatically applied in all proceedings. The Instructor shall practice as many tests and performances as are necessary for the determination and verification of the facts and responsibilities liable to sanction.

TITLE V

Other Provisions

Article 68. Computation of deadlines.

All deadlines set out in these statutes that have been set in days shall be computed on business days.

Article 69. Annual exercises.

All entities that make up the collegial organization will be administered in natural years exercises.