FELIPE VI

KING OF SPAIN

To all who present it and understand it.

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

PREAMBLE

The information generated by public administrations and public sector bodies is an important resource for promoting the knowledge economy. In this way, the re-use and the making available of public sector information for private or commercial purposes, encourage the circulation of information towards economic agents and the citizenry in order to promote growth economic, social commitment and transparency.

With the intention of promoting the availability of public sector information, Directive 2003 /98/EC of 17 November 2003 of the European Parliament and of the Council on the re-use of sector information public, established a set of minimum standards and homogeneous criteria for the treatment of information that could be reused by natural or legal persons. This rule was incorporated into our legal order by the adoption of Law 37/2007 of 16 November on the re-use of public sector information, the object of which is the basic regulation of the legal regime applicable to the public sector. reuse of documents produced or protected by public sector administrations and bodies. The central axis of this provision was the potential authorisation of the re-use of public information, ensuring a level playing field for those who request it.

However, since the adoption of this Directive more than ten years ago, and since the adoption of Law 37/2007 of 16 November, there have been major changes, both in the volume of public information generated, which has increased exponentially, as in the progress of technologies used for the analysis, exploitation and processing of data, which allows the provision of new services and applications in the use, aggregation and combination thereof.

In society, there has also been a growing awareness of the value of public information, and as a result, interest in reuse for commercial and non-commercial purposes has increased.

On the other hand, rules have been adopted that have an impact on the interoperability and reuse of information, such as the Royal Decree 4/2010 of 8 January, which regulates the National Interoperability Scheme in the field of Electronic administration, which provides for interoperability as the capacity of the information systems to enable the exchange of information.

Likewise, Law 19/2013 of 9 December, of transparency, access to public information and good governance, collects between the general principles of active advertising and the Transparency Portal, the reuse of the public information.

In this new context, the scope for improved regulation with the aim of enhancing the cross-border use of data and the need to overcome the obstacles arising from the different rules adopted in the Member States Member States, have highlighted the need to update the regime for the re-use of public sector information. That is why Directive 2013 /37/EU of the European Parliament and of the Council of 26 June 2013 amending Directive 2003 /98/EC on the re-use of public sector information is hereby adopted.

The new Directive 2013 /37/EU of the European Parliament and of the Council of 26 June 2013 aims to facilitate the creation of information products and services based on public sector documents, to ensure efficiency in the public sector. cross-border use of public sector documents by private companies and citizens and promote the free movement of information and communication, ensuring respect for legal certainty, the protection of personal data, as well as the intellectual and industrial property.

The purpose of this Amendment Act is the incorporation into the Spanish legal system of the changes introduced by Directive 2013 /37/EU of the European Parliament and of the Council of 26 June 2013 on the reuse of public sector documents.

First of all, the Act sets out the provisions of the Directive on the unequivocal obligation for administrations and public sector bodies to authorise the re-use of documents, with the exception of those whose access is restricted or excluded by virtue of the national legal order or subject to the exceptions provided for in the Directive. The scope of application has been extended to libraries, including university libraries, museums and archives, given the significant volume of information resources they have and the digitisation projects they are carrying out.

Secondly, the Directive has improved the regulation of formats to be used for the provision of public sector information by promoting, wherever possible and appropriate, offering them in open formats and machine readable together with its metadata, so the Law collects the definitions of machine-readable format, open format, as well as the open formal standard that guarantees interoperability, among others.

Third, the Law has incorporated into the calculation of the tariff regime for the re-use of documents the principle of marginal costs established in the Directive in the calculation of the same. However, it provides for derogations to exceed that threshold. On the one hand, the archives, museums and libraries, including universities and on the other hand, those centres whose budget appropriations depend partly on their ability to generate income, a situation in which some bodies are located. officers whose main asset is the information.

The Directive also promotes a regime of transparency in tariffs as well as the use of electronic means in the publication of the same, and extends the route of recourse to charging.

Fourth, the Act incorporates the obligation under the Directive to encourage the use of open licences, in such a way that licences for the re-use of public sector information raise the minimum possible constraints.

On the other hand, in the area of exclusive agreements for the re-use of documents, the subscription of which is intended to be avoided in order to promote competition, the Law includes the special arrangements for exclusive agreements for non- over ten years, as a general rule, which regulates the Directive for cultural resources, with the aim of addressing the peculiarities of the digitisation of cultural resources in libraries, museums and archives to speed up the access of citizens to cultural heritage.

Finally, the Directive sets out the obligation to carry out a three-year report to be sent by the Member States to the European Commission on the extent of the re-use of public sector information, under the conditions set out in the Directive. which govern their availability and practices in the field of redress.

An additional provision is introduced that is justified by the incorporation of the printing of euro banknotes of the National Currency and Timbre Factory in the Banco de España, with the latter becoming part of the group of banks. national central printing works. Since in application of the European Union law the internal printing works must be under the control of the Banco de España, and the fact that the same logically acts in this matter as part of the European System of Banks Central and exclusively to the Governing Council of the European Central Bank, both the definition of the legal framework for the production of banknotes and the allocation of banknotes, should be considered as part of the functions of the European Central Bank. Factory to be integrated in the European institutional field, leaving to be part of the public sector State business.

This Law is of a basic law in accordance with the provisions of Article 149.1.18. of the Constitution, with the exception of the provisions of the first provision.

Single item. Amendment of Law 37/2007 of 16 November on the re-use of public sector information.

Law 37/2007 of 16 November on the re-use of public sector information is amended as follows:

One. Article 3 is amended as follows:

" Article 3. Objective scope of application.

1. The use of documents held by public sector authorities and bodies, by natural or legal persons, for commercial or non-commercial purposes, shall be understood as reuse, provided that such use does not constitute an activity public administrative. The exchange of documents between administrations and public sector bodies in the exercise of the public functions assigned to them is excluded from this concept.

2. This Law shall apply to documents produced or protected by public sector administrations and bodies, the re-use of which is not expressly limited by those documents.

3. This Law shall not apply to the following documents in the public sector administrations and bodies provided for in Article 2:

(a) Documents on which there are prohibitions or limitations on the right of access under the provisions of Article 37 of Law No 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and of the Common Administrative Procedure, in Law 19/2013, of 9 December, of transparency, access to public information and good governance and the other rules governing the right of access or registration with specific character.

(b) In accordance with their specific legislation, documents affecting national defense, state security, protection of public security, as well as those obtained by the Tax Administration and the Administration of Social Security in the performance of its functions, those subject to statistical confidentiality, to commercial confidentiality, such as business, professional or business secrets and, in general, documents related to actions submitted by a standard to the duty of reservation, secrecy or confidentiality.

(c) Documents for which access is required to be the holder of a legitimate right or interest.

(d) the documents held by public sector administrations and bodies for purposes other than public service functions, in accordance with applicable law, and in particular with the rules on the creation of the public sector; public service in question.

e) Documents on which intellectual or industrial property rights exist by third parties.

However, this Law does not affect the existence of intellectual property rights of the public sector administrations and bodies or their possession by them, nor does it restrict the exercise of those rights outside the public sector. limits established by this Law. The exercise of the intellectual property rights of public sector administrations and bodies shall be carried out in such a way as to facilitate their re-use.

The provisions of the preceding paragraph shall also apply to documents in respect of which libraries, including university libraries, museums and archives are the holders of property rights. intellectual property as established in the legislation of intellectual property, as well as when they are the owners because they have been transferred to them the ownership of the rights in that work according to the provisions of the aforementioned legislation, in this case it must respect the provisions of the terms of the transfer.

(f) Documents held by entities managing the essential services of sound and television broadcasting and their subsidiaries.

g) Documents produced or preserved by educational and research institutions (including organisations for the transfer of research results, schools and universities, with the exception of university libraries) as well as state museums and archives as agents of execution of the Spanish System of Science, Technology and Innovation provided they are the result of an investigation.

h) Documents produced or preserved by cultural institutions other than libraries, including university, museums, and archives.

i) Parts of documents that only include logos, currencies, and badges.

(j) Documents which cannot be accessed or whose access is limited by virtue of access regimes for the purposes of protection of personal data, in accordance with the rules in force and the parts of documents accessible under those schemes containing personal data whose re-use has been defined by law as incompatible with the legislation on the protection of individuals with regard to the processing of data personal.

k) Documents drawn up by entities in the business and foundational public sector in the exercise of the functions legally conferred and those of a commercial, industrial or commercial character, drawn up in respect of the object

(a) the social security system.

l) Studies carried out by public sector entities in collaboration with the private sector, by means of agreements or any other type of instrument, as a formula for financing them.

4. In no case shall it be the subject of re-use, the information in which the weighting referred to in Articles 5.3 and 15 of Law 19/2013 of 9 December, of transparency, access to public information and good governance, shall be such as the prevalence of the fundamental right to the protection of personal data, unless there is a disassociation of the data referred to in Article 15 (4) of that Law. "

Two. Article 4 is amended as follows:

" Article 4. Administrative regime for reuse.

1. The documents of the public sector administrations and agencies will be reusable in the terms provided for in this Law.

2. Public administrations and public sector bodies shall ensure that the documents to which this regulation applies may be reused for commercial or non-commercial purposes in accordance with some or some of the following Modes:

(a) Reuse of documents made available to the public without conditions.

b) Reuse of documents made available to the public subject to conditions laid down in type-licensees.

(c) Reuse of documents upon request, in accordance with the procedure laid down in Article 10 or, where applicable, in the autonomic regulations, and may incorporate in these circumstances the conditions laid down in a licence.

(d) Exclusive agreements in accordance with the procedure laid down in Article 6.

3. The conditions set out in the licences shall comply with the following criteria:

a) They must be clear, fair and transparent.

b) They must not restrict the possibilities for reuse or limit competition.

c) They must not be discriminatory for comparable categories of reuse.

4. Public sector administrations and agencies may provide type-licenses for the re-use of documents, which should be available in digital format and be processed electronically.

5. Public sector administrations and bodies will set up documentary management systems to enable citizens to recover information, available online and to link with the management systems put at the disposal of the public sector. citizens by other administrations. They shall also provide information tools to enable the search for documents available for reuse, with the relevant metadata in accordance with the technical standards for interoperability, accessible, it is possible and appropriate, online, and in machine-readable format.

In particular, the General Administration of the State shall maintain a catalogue of reusable public information, corresponding to at least the scope of the General Administration of the State and its related public bodies, or dependents.

As far as possible, the multilingual search for documents will be facilitated.

6. The re-use of documents containing personal data shall be governed by the provisions of the Organic Law 15/1999 of 13 December on the protection of personal data.

7. The use of the data sets shall be carried out by the users or agents of the reuse under their responsibility and risk, with the exclusive responsibility of them to respond to third parties for damages that may arise from she.

Administrations and public bodies shall not be responsible for the use of their information by the re-users or for any damage or economic loss which, directly or indirectly, produces or may cause economic, material or data damage caused by the use of the reused information.

8. The making available of a document by a public sector body for re-use does not mean that it does not give up the right to its exploitation, nor is it an impediment to the modification of the data contained therein as a result of the exercise. duties or powers of that body.

9. Similarly, it shall not be possible to indicate, in any way, that the administrative bodies, bodies and entities of the public sector holding the reused information participate, sponsor or support the reuse carried out by the public sector. "

Three. Article 5 is amended as follows:

" Article 5. Formats available for reuse.

1. Public sector administrations and agencies shall promote the making available of documents for reuse as well as the processing of requests for reuse by electronic means and by means of a platform Multi-channel when this is compatible with the technical means available to you.

2. Public sector administrations and bodies shall provide their documents in any pre-existing format or language, but shall also ensure, whenever possible and appropriate, to provide them in open and machine-readable format. in accordance with the above paragraph and in conjunction with its metadata, with the highest levels of accuracy and disaggregation. Both the format and the metadata, as far as possible, must meet open formal standards and standards. This does not mean that public sector administrations and agencies are obliged to create documents, adapt them or provide extracts of documents, where this would entail a disproportionate effort to bring more than just a single document. handling.

3. Under this Law, public sector administrations and bodies may not be required to maintain the production and storage of a particular type of document with a view to their re-use.

4. Without prejudice to the definitions set out in the Annex, the making available of documents for re-use by electronic means by public sector administrations and bodies should be carried out on the basis of established by the regulatory standards of e-Administration, interoperability and open data.

5. As set out in the recast text of the General Law on the Rights of Persons with Disabilities and their Social Inclusion, adopted by the Royal Decree of Law 1/2013 of 29 November, the electronic means of the provisions of the documents referred to in paragraph 1 of this Article shall be accessible to persons with disabilities, in accordance with the existing technical standards in this field.

Also, public sector administrations and agencies will, as far as possible, take appropriate measures to make it easier for documents intended for disabled people to be available in formats they have in account for the possibilities of reuse by such persons.

It shall not govern this obligation in cases where such adequacy does not constitute a reasonable adjustment, as provided for in Article 7 of the recast of the General Law on the Rights of Persons with disability and its social inclusion. "

Four. Article 6 is amended as follows:

" Article 6. Prohibition of exclusive rights.

1. The re-use of documents shall be open to all potential market players, even if one or more of the agents already exploit products with added value based on these documents.

Contracts or other agreements between public sector bodies that retain documents and third parties shall not grant exclusive rights.

2. Only the subscription of exclusive agreements corresponding to public sector bodies in favour of third parties shall be admissible where such exclusive rights are necessary for the provision of a public service. In such a case, the Administration or the relevant public sector body shall be obliged to carry out a periodic review, and in any event, every three years, in order to determine whether the cause of the award of the contract remains mentioned exclusive right. These exclusive agreements must be transparent and public.

3. Exceptionally, where there is an exclusive agreement relating to the digitisation of cultural resources, the period of exclusivity shall, as a general rule, not exceed 10 years. In the event that it is, its duration will be reviewed during the 11th year and, if appropriate, every seven years thereafter. Such agreements should also be transparent and be brought to the attention of the public.

Where an exclusive agreement exists within the meaning of the preceding paragraph, it shall be provided free of charge to the public sector administration or body in question, as part of such agreements, a copy of the digitised cultural resources of the same quality and technical characteristics of the original, such as format, resolution, colour range, etc., with their metadata and technical scanning requirements set out in the national rules and (a) That copy will be available for reuse after the period of exclusivity is completed. "

Five. Article 7 is amended as follows:

" Article 7. Rates.

1. A fee may be applied for the supply of documents for reuse under the conditions laid down in the existing State rules or, where appropriate, in the rules applicable to the regional or local authorities, limiting themselves to the marginal costs incurred for their reproduction, provision and dissemination. In the case of electronic official publications with a sale price to the public, the same private price of the Administration as established as the selling price shall be applied at least.

2. The provisions of the above paragraph shall not apply to:

(a) Public sector bodies which are required to generate revenue to cover a substantial part of their costs relating to the performance of their public service missions.

(b) By way of derogation, the documents for which the public sector bodies concerned are required to generate sufficient revenue to cover a substantial part of the costs of collection, production, reproduction and dissemination of documents. These requirements shall be established in advance and shall be published by electronic means whenever possible and appropriate.

c) Libraries, including university libraries, museums, and archives.

3. In the cases referred to in points (a) and (b) of paragraph 2, the public sector bodies concerned shall calculate the total price in accordance with objective, transparent and verifiable criteria, which shall be determined by the rules which corresponds. The total revenue of these bodies obtained by supplying documents and authorising their re-use during the appropriate accounting year shall not exceed the cost of collection, production, reproduction and dissemination, plus a margin of reasonable profit from the investment. The fee shall be calculated in accordance with the accounting principles applicable to the relevant public sector bodies and in accordance with the applicable rules.

4. Where the public sector bodies referred to in point (c) of paragraph 2 apply, the total revenue from the provision and authorisation of the re-use of documents during the appropriate accounting year shall not exceed the cost of collection, production, reproduction, dissemination, conservation and compensation of rights, increased by a reasonable profit margin of the investment. For the purpose of calculating this margin, these bodies may take into account the prices charged by the private sector for the re-use of identical or similar documents. The charges shall be calculated in accordance with the accounting principles applicable to the relevant public sector bodies and in accordance with the applicable rules.

5. Differentiated tariffs may be applied in the case of reuse for commercial or non-commercial purposes.

6. Public sector administrations and bodies shall publish by electronic means, wherever possible and appropriate, the tariffs set for the re-use of documents held by public sector bodies, as well as the charges laid down in Article 1 (1) of Regulation (EU) No applicable conditions and the actual amount of the same, including the calculation basis used.

In the rest of the cases where a tariff is applied, the public sector body concerned shall indicate in advance which factors shall be taken into account for the calculation of the tariff. Where requested, that body shall also indicate how that tariff has been calculated in relation to the application for specific reuse.

However, the provisions of the preceding paragraph may not apply in the case of libraries (including university libraries), museums and archives, when setting their rates.

7. Where the fees to be charged have the nature of the levy, their establishment and the regulation of their essential elements shall be in accordance with the provisions of Law 8/1989 of 13 April 1989 on Public Fees and Prices and other tax rules. "

Six. Article 8 is worded as follows:

" Article 8. Conditions for reuse.

The re-use of the information of the Administrations and of the public sector bodies referred to in Article 2 of this Law may be subject, inter alia, to the following general conditions:

a) That the content of the information, including its metadata, is not altered.

b) That the sense of information is not denatured.

c) To quote the source.

d) That the date of the last update be mentioned.

e) When the information contains personal data, the purpose or specific purposes for which the future reuse of the data is possible.

(f) Where the information, even if it was provided in a dissociated form, contained sufficient elements which could enable the identification of those interested in the re-use process, the prohibition of reversing the dissociation procedure by the addition of new data obtained from other sources. "

Seven. Article 9 is worded as follows:

" Article 9. Licenses.

1. Public sector administrations and agencies within the scope of this Law will encourage the use of open licences with the minimum possible restrictions on the re-use of information.

2. In cases where a licence is granted, the licence shall at least reflect the information relating to the specific purpose for which the re-use is granted, also indicating whether the licence may be commercial or non-commercial, for which it is grants the re-use, the duration of the licence, the obligations of the beneficiary and the granting body, the responsibilities of use and financial arrangements, indicating the free character or, where appropriate, the applicable tariff. '

Eight. Article 10 is amended as follows:

" Article 10. Procedure for processing reuse requests.

1. Requests for the re-use of administrative documents shall be addressed to the competent body, which shall be understood by the body in whose possession the documents for which the re-use is sought. Applications shall be submitted by natural or legal persons seeking to reuse the documents in accordance with the provisions of this Law.

However, when the body to which the request has been addressed does not have the required information but has knowledge of the Administration or body that owns it, it will forward the application to the agency as soon as possible. account of this to the applicant.

Where this is not possible, it shall inform the applicant directly of the public sector administration or body to which, according to its knowledge, it must be directed to request such information.

2. The application shall reflect the content provided for in Article 70.1 of Law 30/1992 of 26 November, identifying the document or documents which may be reused and specifying the purposes, commercial or non-commercial, of the reuse. However, where an application is made in an imprecise manner, the competent authority shall ask the applicant to specify it and shall state expressly that, if it does not do so, it shall be given the withdrawal of its application in accordance with the terms laid down in the Article 71 of Law 30/1992 of 26 November. The applicant shall make his request specified within 10 days of the day following receipt of the request. For these purposes, the competent authority shall assist the applicant in determining the content of the information requested.

The calculation of the time limit for resolving the request for information shall be deemed to be suspended for the time between the notification of the request and its actual compliance by the addressee or, failing that, in the course of the procedure. of the period granted, informing the applicant of the suspension of the deadline to be resolved.

3. The competent body shall decide on requests for reuse within a maximum of 20 days from the receipt of the application in the register of the body responsible for processing, as a general rule. Where the volume and complexity of the information requested proves impossible to meet the deadline, the time limit for resolution may be extended by a further 20 days. In this case, the applicant shall be informed, within a maximum of 10 days, of any extension of the time limit, as well as of the reasons justifying it.

4. A decision which is of an estimated nature may authorise the re-use of documents without conditions or shall entail the granting of the appropriate licence for reuse under the relevant conditions imposed by the itself. In any event, the final judgment shall be made available to the document within the same time limit as provided for in the preceding paragraph.

5. If the decision is totally or partially denied the re-use requested, the applicant shall be notified, giving the reasons for such refusal within the time limits referred to in paragraph 3, reasons which shall be based on one of the provisions of this Law or in the current legal order.

6. In the event that the judgment of the court is founded on the existence of intellectual or industrial property rights on the part of third parties, the competent body must include a reference to the natural or legal person who holds the rights. where it is known, or alternatively to the transferor from which the body has obtained the documents. Libraries, including university libraries, museums and archives will not be required to include such a reference.

7. In any event, the decisions taken shall contain a reference to the means of appeal to which the applicant may, as provided for in Article 58.2 of Law No 30/1992, be eligible for the application of the decision of 26 November.

8. If, within the maximum time limit for resolving and notifying no express resolution, the applicant may understand his/her application to be dismissed. "

Nine. An additional third provision is introduced with the following wording:

" Additional provision third. Obligation of Information to the European Commission.

1. The Government shall submit every 3 years to the European Commission a report on the availability of public sector information for reuse, indicating in it, the conditions governing its availability and the practices in the field of resource. That report shall be public and shall include a review of the application of Article 7 concerning tariffs, in particular as regards the calculation of tariffs in excess of marginal costs.

2. In order to comply with the provisions of the previous paragraph, they shall be subject to regulatory development, the aspects relating to coordination between the General Administration of the State, the Administrations of the Autonomous Communities and the Entities. which make up the Local Administration and the public bodies referred to in Article 2. "

Ten. An additional fourth provision is introduced with the following wording:

" Additional provision fourth. Transfer for Public Reuse of Surveys for Sociological Investigations.

1. Research, analysis, or social diagnosis projects to be carried out by the subjects referred to in Article 2 (a), (b), (c) and (d), provided that they involve the carrying out of quantitative surveys in the field of science In the design of a specific data bank, created in the Center for Sociological Research, a plan for the inclusion of anonymized documentation and microdata in a specific data bank, created in the Center for Sociological Research, should be incorporated into its design. This Plan will be deposited in the aforementioned Data Bank in the 12 months after the approval of the project, and the anonymized microdata that will integrate the study should be transferred in a period not exceeding four years since the approval of the project. project.  This period may be extended exceptionally by causes arising from the development and completion of the project.

2. By way of derogation from the above paragraph, they are excluded from such obligation:

(a) Surveys carried out by State Agencies, business public entities, state commercial companies, public foundations and public law entities with functional independence or with a special autonomy recognised by the law when acting under private law.

b) Those made by the State Society of Industrial Participations, or any of the companies or foundations of its Group, the National Statistics Institute (INE) and similar bodies of the Autonomous Communities.

c) The surveys that make up the official statistics included in the corresponding National Statistical Plans and subject to Law 12/1989 of 9 May, of the Public Statistical Office, as well as the European statistics subject to their specific rules. In this case, however, the INE will promote, as coordinator of the State Administration Statistical System, that the publicity due to the microdata of these surveys for statistical purposes elaborated by these organisms will be given.

3. Microdata obtained from administrative data records, as well as those used for surveys which are decisive or indispensable for the internal strategic policy of the entities carrying them, shall not be transferred. in terms to be determined by regulation.

4. Companies, private research teams and natural or legal persons who also carry out these types of projects through quantitative surveys in the field of social sciences with data collection, and receive grants or grants public, provided that they assume more than 50% of the funds with which their research projects are financed, will also be subject to the submission of the plan and the obligation to transfer the data for obtaining the same. In the regulations governing the subvencional system of public aid for this type of project and in its successive calls, especially those deriving from the National Plan of R & D + i and the National Plan of Science, these will be recorded obligations. However, the same possibility of exclusion from these subjects will apply when the publication of the microdata could cause irreparable competitive harm in their business positioning in the market.

5. Failure to comply with this obligation on the part of the responsible research teams, especially within the framework of the National Plans for Scientific Research, Development and Technological Innovation, will cause exclusion at the time of to apply for new public funding, in accordance with the sanctioning procedures provided for in Law 38/2003 of 17 November, General Grant. "

Once. A fifth additional provision is introduced with the following wording:

" Additional disposal fifth. Reuse of documents, files, and collections of private origin.

In terms of documents, archives and collections of private origin, stored in archives, libraries (including university libraries) and museums, their making available for reuse, the conditions must be respected. established in the relevant legal instrument that has resulted in the preservation and custody of these funds in public cultural institutions. '

Twelve. The single transitional provision is amended, which is worded as follows:

" Single transient provision. Transitional arrangements applicable to exclusive agreements.

Exclusive agreements existing as of 1 July 2005 to which the derogation referred to in Article 6.2 does not apply shall be concluded when the contract expires or, in any event, no later than 31 December 2008.

Without prejudice to the preceding paragraph, exclusive agreements existing as of 17 July 2013 to which the exceptions referred to in Articles 6.2 and 6.3 do not apply shall be concluded when the contract expires or, in any event, no later than 18 July 2043. "

Thirteen. An annex is included with the following wording:

" Definitions

For the purposes of this Law, it is understood by:

1. Open Data: Those that anyone is free to use, reuse and redistribute, with the only limit, if any, of the requirement of attribution of their source or recognition of their authorship.

2. Document: Any information or part thereof, whatever its support or form of expression, is this textual, graphic, visual or audiovisual sound, including the associated metadata and the data contained with the highest levels of accuracy and disaggregation. For this purpose, software which is protected by the specific legislation applicable to them shall not be considered as documents.

3. Machine-readable format: A structured file format that enables computer applications to easily identify, recognize, and extract specific data, including factual statements and their internal structure.

4. Open format: A platform-independent file format and made available to the public without restrictions that prevent document reuse.

5. Open formal rule: A written rule that specifies the interoperability criteria of the computer application.

6. University: Any public sector body that provides post-secondary higher education leading to the achievement of academic qualifications. "

Additional disposition first. Budgetary regime.

The measures included in this rule may not result in an increase in appropriations, remuneration or other personnel costs.

Additional provision second. Specific regime for the staff of the National Currency and Timbre Factory (FNMT).

1. Those who are workers of the National Currency and Timbre Factory at the time of the formation of the public-capital mercantile company provided for in the eighth additional provision of Law 13/1994, of 1 June, of Autonomy of the Bank of Spain, and shall be attached to that company, shall have in the case of a collective dismissal process founded on economic, technical, organizational or production causes, the right to opt for the compensation to be provided or for incorporation into the company. National Currency and Timbre Factory, retaining in this case the seniority and other labor rights that have been consolidated in attention to their professional classification.

2. When the National Currency and Timbre Factory accredit, in the event of a collective dismissal process founded on economic causes, that they have their direct origin in the transfer of the activity of production of euro banknotes, the rest of the workers of the National Mint and Timbre who were at the time of the formation of the said company and who had not been attached to it, shall have the right to choose either for the compensation to be provided or for their incorporation into the a vacant post appropriate to their professional qualifications, in the General Administration of the State or in a State public sector entity retaining in this case the seniority and other labor rights that have been consolidated.

3. The provisions of the above paragraph shall also apply to workers referred to in paragraph 1 of this provision who choose to join the National Currency and Timbre Factory from that company.

Final disposition first. Amendment of Law 14/2006 of 26 May on techniques for assisted human reproduction.

An additional provision is added, sixth to Law 14/2006, of 26 May, on assisted human reproduction techniques, in the following terms:

" Additional provision sixth.

The constitution, organization and operation of the national register of activity and results of the assisted reproduction centers and services referred to in Article 22 of this Law may be carried out through the relevant legal instruments, by entities or scientific societies that demonstrate to the Ministry of Health, Social Services and Equality the experience and capacity to develop and maintain a record of this nature with the guarantees of quality, reliability, confidentiality, breadth and organization of information are required by the competent bodies of that Department.

The absence of supply to the abovementioned register of data belonging to a given centre for an annual period shall have the same serious lack of consideration as provided for in Article 26 (2) (b) (4) of this Law. the penalties provided for in Article 27 of this same legal standard shall apply. "

Final disposition second. Amendment of Law 27/2013, of December 27, of rationalization and sustainability of Local Administration.

The seventh transitional provision of Law 27/2013, of December 27, of rationalization and sustainability of the Local Administration is amended, which is worded as follows:

" Transient disposition seventh. Transitional arrangements for local government officials with a state rating.

1. As long as the Regulation provided for in Article 92a of Law 7/1985, of April 2, regulating the Local Regime Bases does not enter into force, and in everything that does not object to the provisions of this Law, the regulations remain in force. Regulation (EC) No 1831/2003 concerning officials falling within the scope of that Article.

Until December 31, 2016, except for extension by the corresponding State General Budget Law, exceptionally, when in Local Corporations whose population is less than 20,000 inhabitants is accredited. by means of a report to the plenary session, the impossibility of the treasury and collection functions being carried out by a local authority with a national rating, either definitively, provisionally, or (a) a group of officials may be held by officials of the Provincial deputies or equivalent entities, in accordance with the provisions of article 36 of Law 7/1985, of April 2, or when it is established that this is not possible, by career officials who provide services in the Local Corporation. In both cases, they shall be career officials and shall act under the coordination of officials from the A1 group of Provincial Diputations or equivalent entities.

2. The administrative procedures referred to local administration officials with a state rating initiated prior to the entry into force of this Law will continue their processing and will be resolved according to the regulations at the time of initiation.

3. References to the Scale of State-Enablement Officials shall be construed as references to the Scale of Local Government Officials with National Enablement. "

Final disposition third. Amendment of the regulation of the destination of cash and balances in abandoned accounts and deposits.

Law 33/2003 of 3 November of the Heritage of Public Administrations is amended in the following sense:

One. Article 18 shall be amended as follows:

" Article 18. Abandoned balances and deposits.

1. The General Administration of the State is responsible for the securities, money and other movable property held in the General Deposit Box and in credit institutions, companies or securities agencies or any other financial institution, as well as the balances of current accounts, savings books or other similar instruments opened in these establishments, for which no management has been carried out by the persons concerned which involves the exercise of their right of ownership in the 20-year period.

2. The cash and balances of the accounts and books referred to in the previous paragraph shall be used to finance programmes aimed at promoting the improvement of the educational conditions of persons with disabilities in the form provided for in the Twenty-fourth additional disposition.

3. The management, administration and operation of the remaining assets in the situation prevented in paragraph 1 of this Article shall be the responsibility of the General Directorate of the State Heritage, which may be subject to the procedure. which, depending on the nature of the good or the right, considers it more appropriate, upon reasoned justification in the respective file.

4. Depository entities shall be required to report to the Ministry of Finance the existence of such deposits and balances in the manner determined by the order of the Minister in office of this Department.

5. The audit reports to be issued in relation to the accounts of these institutions shall include, where appropriate, the existence of outstanding amounts and deposits in abandonment in accordance with the provisions of paragraph 1 of this Article. '

Two. An additional provision is added with the following wording:

" Additional twenty-fourth disposition. Program for the Improvement of the Educational Conditions of Persons with Disabilities.

The General Administration of the State will develop through the Royal Board on Disability a program aimed at promoting the improvement of the educational conditions of people with disabilities, with special attention to the aspects related to their professional development and to the innovation and research applied to these policies, through direct support to beneficiaries.

In the granting of such aid, subject to the principles of publicity, transparency, competition, objectivity and non-discrimination, the needs of the applicants, as well as their suitability, will be taken into account. to obtain the greatest possible use in terms of autonomous living, social participation and inclusion in the community.

Cash and balances of current accounts, savings books and other cash deposits referred to in Article 18 (2) of this Act shall apply to a specific concept of the Revenue Budget. State, with credit, in accordance with the provisions of the General Budget Law, in the Ministry of Health, Social Services and Equality to the Royal Board on Disability to finance the development of the Programme for the Improvement of the Educational Conditions of Persons with Disabilities. "

Final disposition fourth. Competence title.

This Law has the character of basic legislation under the provisions of Article 149.1.18. of the Spanish Constitution which gives the State the power to lay down the basis of the legal system of the General government, with the exception of the first provision.

Final disposition fifth. Incorporation of European Union law.

By this Law, Directive 2013 /37/EU of the European Parliament and of the Council of 26 June 2013 amending Directive 2003 /98/EC on the re-use of information from the European Parliament and of the Council of 26 June 2013 is incorporated into Spanish law. public sector.

Final disposition sixth. Regulatory development.

The Government, in the field of its competences, will dictate how many provisions are necessary for the implementation and development of the provisions of this Law, taking into account the guidelines that the European Commission could formulate, in particular with regard to the recommended licenses, data sets, and collection for the reuse of documents.

A one-year period is set from the entry into force of this rule to bring the prior standards of development of Law 37/2007 of 16 November on the re-use of public sector information into line.

Final disposition seventh. Entry into force.

This Law shall enter into force on the day following that of its publication in the "Official Gazette of the State".

Therefore,

I command all Spaniards, individuals and authorities, to keep and keep this law.

Madrid, 9 July 2015.

FELIPE R.

The President of the Government,

MARIANO RAJOY BREY