Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-7731
FELIPE VI King of Spain to all that the present join together and act.
Know: That the Cortes Generales have approved and I come in to sanction the following law.
PREAMBLE the information generated by the public administrations and public sector agencies constitutes an important resource to promote the knowledge economy. Thus, reuse and the making available of the information of the public sector for private or business purposes, favour the circulation of information to economic operators and citizens in order to promote economic growth, social commitment and transparency.
With the intention of promoting the availability of information in the public sector, the Directive 2003/98/EC, of 17 November 2003, of the European Parliament and of the Council on the re-use of public sector information, established a set of minimum standards and homogenous criteria for the treatment of the information that can be reused by natural or legal persons. This standard was built-in to our ordering legal through the approval of the law 37 / 2007, of 16 of November, on reuse of the information of the sector public, whose object is it regulation basic of the regime legal applicable to it reuse of them documents elaborate or guarded by them administrations and organisms of the sector public. The central axis of this provision was the optional permission of re-use of public information, ensuring a level playing field to those who request it.
However, since the adoption of the aforementioned directive does more than ten years, and since the adoption of law 37/2007 of 16 November, there have been important changes in both the volume of generated public information, which has increased exponentially, as in the progress of the technologies employed for the analysis, exploitation and processing of data, enabling the provision of new services and applications in use aggregation and combination of them.
In society, at the same time, there has been a growing awareness of the value of public information, and as a result, the interest has increased by reusing commercial and non-commercial purposes.
On the other hand, have adopted standards that affect the interoperability and re-use of information, as Royal Decree 4/2010, of January 8, which regulates the national interoperability scheme in the field of eGovernment, which provides interoperability as the ability of the information systems to enable the sharing of the same.
Likewise, Law 19/2013, of December 9, transparency, access to public information and good government, collects between the General principles of active advertising and portal of transparency, the reuse of public information.
In this new context, the scope for the improvement of the regulation with the aim of promoting the cross-border use of data and the need to overcome the obstacles arising from the different standards adopted in the Member States, they have been shown the need to update the regime of the re-use of public sector information. For this reason it adopts Directive 2013/37/EU of the European Parliament and of the Council of 26 June 2013, amending the Directive 2003/98/EC on the re-use of public sector information.
The new Directive 2013/37/EU of the European Parliament and of the Council of 26 June 2013, aims to facilitate the creation of products and information services based on public sector documents, ensure effective cross-border use of documents of the public sector by private companies and citizens and promote the free flow of information and communication ensuring respect for legal certainty, the protection of personal data, as well as intellectual and industrial property.
The object of this law of modification is the incorporation into Spanish law of the changes introduced by the Directive 2013/37/EU of the European Parliament and of Council on June 26, 2013, in the regime of re-use of public sector documents.
First, the Act provides the provisions of the directive about 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 under the national legal system, or that are subject to the derogations referred to in the directive. Expanded the scope to the libraries, including the University, museums and archives, given the large volume of information resources that possess and the digitisation projects that are taking place.
Secondly, the directive has improved regulation of formats to use for making public sector information available to promote, wherever possible and appropriate, offer open and machine-readable formats by machine along with their metadata, so the Act provides the definitions of readable by machine, open format as well as the formal open standard that guarantees the interoperability , among others.
Thirdly, law has incorporated in the calculation of the rates regime for the re-use of documents the marginal cost principle established in the directive in the calculation of the same. While he contemplates exceptions to exceed that threshold. On the one hand, archives, museums and libraries, including the University and on the other hand, those centres whose appropriations depend in part on its ability to generate income, situation in which some government agencies whose main asset is the information.
The directive promotes also a regime of transparency in tariffs as well as the use of electronic media in the publication of the same, and extends the resource path to the pricing.
Fourth, the law incorporates the obligation provided for in the directive to encourage the use of open licenses, so that the licences for the re-use of public sector information pose the minimum possible restrictions.
On the other hand, on exclusive agreements for the re-use of documents, whose subscription is to avoid in order to foster competition, the law includes the special regime of exclusive agreements by not more than ten years, rule, which regulates the directive in the case of cultural resources, in order to the peculiarities of the digitalization of cultural resources in libraries museums and archives to speed up the access of citizens to cultural heritage.
Finally, directive includes the obligation to carry out a triennial report which shall be transmitted by the Member States to the European Commission about the extent of the re-use of public sector, the conditions governing its availability and practices of resource.
Enters an additional provision which is justified by the incorporation of the printing of the Fábrica Nacional de Moneda y Timbre euro banknotes the Bank of Spain, becoming this last part of the national central banks with internal printing group. Since in application of the law of the European Union internal printing press it it must be under the control of the Bank of Spain, giving also the circumstance that it logically acts in this area as part of the European system of central banks and that will correspond exclusively to the Governing Council of the European Central Bank both the definition of the legal framework for the production of banknotes as the allocation of the same , must consider is that a part of the functions of the factory pass to integrate is in the area institutional European, leaving of form part of the sector public business of the State.
This law has the character of basic legislation on the basis of provisions of article 149.1.18. ª of the Constitution, with the exception of the provisions in the first additional provision.
Single article. Modification 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 hereby amended as follows: one. Amending article 3, which is worded as follows: «article 3. Objective scope of application.
1 means reuse using documents that power of administrations and agencies in the public sector, by individuals or legal entities, commercial or not commercial, provided that such use does not constitute a public administrative activity. It is excluded from this concept document exchange between administrations and agencies of the public sector in the exercise of public functions that are attributed.
2. the present law shall apply to the documents drawn up or held by the administrations and public sector bodies, which reuse is not expressly limited by these.
3. the present law shall not apply to the following documents in the administrations and public sector bodies referred to in article 2:
(a) the documents upon which there are prohibitions or limitations on the right of access under the provisions of article 37 of the law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure, in law 19/2013, December 9, transparency, access to public information and good governance and other rules governing the right of access or publicity purposes specific.
(b) in accordance with its specific legislation, documents relating to national defence, the security of the State, the protection of public safety, as well as those obtained by the tax administration and the Social Security Administration in the performance of their duties, those subject to the statistical confidentiality, to trade, such as trade, professional or business secrets confidential and in general, documents related to proceedings under a rule the duty of confidentiality, secret or confidentiality.
(c) those documents for which access is required be holder of a right or interest legitimate.
(d) the documents that Governments and organizations of the public sector for purposes unrelated to the functions of public service, in accordance with the applicable legislation and in particular with the rules of creation of the public service in question.
(e) the documents upon which there are third party intellectual or industrial property rights.
However, this law does not affect the existence of rights of intellectual property administrations and public sector nor to its possession by these bodies, and not restrict the exercise of these rights beyond the limits established by the present law. The exercise of the rights of intellectual property administrations and public sector bodies must be done in such a way that facilitates re-use.
As provided for in the preceding paragraph shall apply, also to documents regarding which, included the University libraries, museums and archives are holders originating in the intellectual property rights as creators in accordance with the legislation of intellectual property, as well as when they are holders because to transmit them the ownership of the rights in such work according to the provisions of the said legislation and in this case respect the terms of the transfer.
(f) the documents kept by the entities that manage the essential sound and television broadcasting services and its affiliates.
(g) the documents produced or preserved by educational institutions and research (including organizations for the transfer of the results of the research, schools and universities, with the exception of the University libraries) as well as museums and national archives as agents for execution of the Spanish system of science, technology and innovation provided that they are the result of an investigation.
(h) the documents produced or held by cultural institutions that are not libraries, including the University, museums and archives.
(i) parts of documents that only include logos, badges, and insignia.
(j) those who do not can be accessed or documents whose access is restricted under access regimes for reasons of protection of personal data, in accordance with the regulations in force and parts of accessible documents under those regimes containing personal data whose reuse is defined by law as incompatible with the legislation on the protection of individuals with regard to the processing of personal data.
(k) the documents prepared by entities of the public sector business and Foundation in the exercise of the functions legally assigned and those of a commercial, industrial or commercial nature made in execution of the corporate purpose laid down in its statutes.
(l) the studies carried out by entities of the public sector in collaboration with the private sector, through agreements or any other type of instrument, such as funding of the same formula.
4. in any case, may be reused, the information that the weighting that refer the articles 5.3 and 15 of law 19/2013, of 9 December, transparency, access to public information and governance, throw as a result the prevalence of the fundamental right to the protection of personal data, unless there is the decoupling of data which referred to article 15.4 of the aforementioned law.»
Two. Amending article 4 which is drawn up in the following way: «article 4. Administrative regime of reuse.
1. the documents of the administrations and public sector bodies will be reusable in the terms provided for in this law.
2 the public administrations and public sector bodies shall ensure because the documents to which this Regulation applies may be reused for commercial purposes or not commercial in accordance with one or more of the following ways: a) Re-use of documents made available to the public without subject to conditions.
(b) Re-use of documents made available to the public subject to conditions set forth in licencias-tipo.
(c) Re-use of documents on request, in accordance with the procedure laid down in article 10, or, where appropriate, regional legislation, and can incorporate in these so-called conditions set forth in a license.
(d) exclusive agreements according to the procedure laid down in article 6.
3 the conditions embodied in licences shall comply with the following criteria: to) must be clear, fair and transparent.
(b) do restrict possibilities for re-use not limit competition.
(c) not must be discriminatory for categories comparable of reuse.
4. the administrations and public sector bodies may provide licencias-tipo for the re-use of documents, which must be available in digital format and be electronically processable.
5. the administrations and public sector bodies will create document management systems that allow citizens appropriate information, available online recovery and that link with management systems made available to citizens by other administrations. Likewise, they shall provide software tools that allow the search for documents available for re-use, with the relevant metadata in accordance with that established in the technical interoperability standards, accessible, wherever possible and appropriate, in line and in machine readable form.
In particular, the General Administration of the State shall maintain a catalogue of public information reusable, corresponding at least to the scope of the General Administration of the State and its public organizations linked or dependent.
To the extent possible, will facilitate the multilingual search of the documents.
6. the re-use of documents containing personal data shall be governed by the provisions of the organic law 15/1999, of 13 December, of protection of personal data.
7. the use of the data sets will be made by users or agents of the reuse under his responsibility and risk, corresponding exclusively to them respond to third parties for damages that may arise from it.
Administrations and public bodies will not be responsible for the use of your information reutilizadores agents nor of the damages or economic losses make that, directly or indirectly, to produce or may produce harm economic, material, or data, caused by the use of reused information.
8. the availability of a document by an agency of the public sector for its reuse does not waive the right to its exploitation, nor is impediment to the modification of the data appearing therein as a consequence of the exercise of the functions or powers of the Agency.
9. equally, not may be, in any way, that administrative organs, agencies and entities of the State public sector holders of reused information participate, sponsor or support reuse carried out of it.»
3. Amending article 5, with the following wording: «article 5. Available formats for reuse.
1. the administrations and public sector bodies will promote that the availability of the documents for re-use as well as the processing of requests for re-use is made by electronic means and through multi-channel platform when it is compatible with the technical means available.
2. the administrations and public sector bodies will facilitate your documents in any format or pre-existing language, but also shall endeavour, wherever possible and appropriate, provide them in open and readable format by machine as provided for in the preceding paragraph and in conjunction with their metadata, with the highest levels of accuracy and disaggregation. Both the format and metadata, to the extent practicable, must comply with standards and open formal standards. This does not imply that the administrations and public sector bodies are required to create documents, to adapt them or to provide extracts from documents, where this involves disproportionate effort involving more than a simple manipulation.
3. pursuant to this law, it shall not require is the administrations and public sector bodies that maintain the production and storage of a certain type of document with a view to re-use.
4. without prejudice to the definitions set out in the annex, the availability of the documents for re-use by electronic means by the administrations and public sector bodies must be done in the terms established by the rules governing the electronic administration, interoperability, and open data.
5. pursuant to provisions of the consolidated text of the General Law of rights of persons with disabilities and their social inclusion, adopted by Royal Legislative Decree 1/2013, of 29 November, the electronic means of provision of the documents referred to in paragraph 1 of this article shall be accessible to persons with disabilities , in accordance with the existing standards.
Also, administrations and public sector bodies shall take, where possible, appropriate measures to facilitate that those documents for people with disabilities are available in formats which take into account the possibilities for reuse by such persons.
«Not governed this obligation in cases in which such adaptation does not constitute a set of reasonable, being understood that such provisions of article 7 of the revised text of the General Law of rights of persons with disabilities and their social inclusion.»
Four. Amending article 6 which is drawn up in the following way: «article 6. Prohibition of rights exclusive.
1. the re-use of documents shall be open to all potential actors in the market, even when one or more agents already exploit added-value products based on these documents.
Contracts or agreements in other areas between public sector organizations that preserve the documents and third parties shall not granted exclusive rights.
2. only the signing of exclusive agreements corresponding to organisms from the public in favor of third parties where such exclusive rights are necessary for the provision of a service of public interest shall be admissible. In such a case, the administration or the corresponding public sector body will be bound to the realization of a periodic review, and in any case, every three years, in order to determine if the cause which justified the granting of the mentioned exclusive right remains. These exclusive arrangements should be transparent and public.
3. exceptionally, where there is an exclusive agreement related to the digitization of cultural resources, the exclusivity period shall not exceed, as a general rule, ten years. Where it is, its duration will be reviewed during the eleventh year and, if appropriate, every seven years thereafter. Such agreements should be also transparent and will be put to the attention of the public.
When there is an exclusive agreement in the direction laid down in the preceding paragraph it shall be provided free of charge to administration or agency of the public sector in question, as part of such agreements, a copy of digitized cultural resources of the same quality and technical characteristics of the original, such as format, resolution, range of colors, etc., with its metadata and technical scanning requirements laid down in the relevant national and international standards. This copy will be available for re-use once exclusivity period.»
5. Amending article 7, with the following wording: «article 7. Rates.
1 a rate may apply for the provision of documents for re-use in the conditions laid down in the current state regulations or, where appropriate, legislation resulting from application in the field regional or local, limited it to the marginal costs incurred for reproduction, publishing and broadcasting. In the case of official electronic publications with retail price, applies, at least the same price private administration established as selling price.
2 the provisions of the preceding paragraph shall not apply a: to) public sector bodies that are required to generate income to cover a substantial portion of its costs relative to their missions of public service.
(b) by way of exception, the documents for which is required to the public sector agencies to generate sufficient income 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 made by electronic means wherever possible and appropriate.
(c) the libraries, including the University, museums, and archives.
3 in the cases referred to in paragraph 2, letters a) and b), the public sector bodies, calculate the total price in accordance with objective, transparent and verifiable criteria, which will be fixed by legislation that corresponds. The income total of these organisms obtained by supplying documents and authorize reuse during the appropriate accounting year shall not exceed the cost of collection, production, reproduction and dissemination, increased by a margin of reasonable return on investment. The rate shall be calculated in accordance with the accounting principles applicable to the public sector agencies corresponding, and in accordance with the applicable legislation.
4 when they are public sector bodies referred to in paragraph 2, point (c)), which applied rates, total revenues earned by supply and authorize reuse of documents during the appropriate accounting year shall not exceed the cost of collection, production, reproduction, dissemination, conservation and compensation rights, increased by a margin of reasonable return on investment. For the purpose of calculating this margin, these organisms may take into account prices applied by the private sector by the reuse of identical or similar documents. The rates shall be calculated in accordance with the accounting principles applicable to public sector bodies relevant and in accordance with the applicable legislation.
5 may apply different rates depending on whether reuse for commercial or non commercial.
6. the administrations and public sector bodies will be published electronically, wherever possible and appropriate, the rates laid down for the re-use of documents that are held by public sector bodies, as well as the conditions applicable and the actual amount of the same, including the basis of calculation used.
Elsewhere in cases where a fee is applied, the body of the public sector concerned indicate in advance what factors will be taken into account for the calculation of the same. Upon request, the Agency will also indicate how have been calculated that rate in respect of the application of concrete re-use.
However, the provisions of the preceding paragraph may not be of application in the case of libraries (including the University) museums and archives, in setting its fares.
7 when the rates to demand have the nature of rate, its establishment and regulation of their essential elements shall comply with provisions in law 8/1989, of 13 April, fees and public prices, and other tax regulations.»
6. Article 8 is worded in the following way: «article 8. Conditions for re-use.
The re-use of the information, of the administrations and public sector bodies referred to in article 2 of this law may be subject, inter alia, to the following general conditions: to) that the content of the information, including their metadata, not be altered.
(b) that is not denature the sense of information.
(c) that the source is acknowledged.
(d) that the date of the last update is mentioned.
(e) where the information contains data of a personal nature, the purpose or specific purposes for which it is possible future re-use of the data.
(f) when information, still being of dissociated form, contained sufficient evidence that would allow the identification of stakeholders in the process of re-use, the prohibition of reverse the process-dissociation procedure through the addition of new data obtained from other sources."
7. Article 9 is drawn up in the following way: «article 9. Licenses.
1. authorities and public sector agencies including within the scope of application of this law, shall encourage the use of licenses with the minimum possible restrictions on the reuse of information.
2. in cases in which to grant a license, this should reflect, at least, the information concerning the purpose specific to which grants are reuse, indicating also if it can be commercial or non-commercial, which is granted reuse, the duration of the license, the obligations of the beneficiary and the awarding body the responsibilities of use and financial modalities, indicating the character free or, where appropriate, the applicable rate».
8. Amending article 10, being drafted in the following way: «article 10. Procedure for processing requests for re-use.
1. Requests for re-use of documents should be sent to the competent body, meaning that one in whose hands held the documents which reuse is requested. Applications should be submitted by natural or legal persons intending to reuse documents in accordance with the provisions of this law.
However, when organ has directed that the request does not possess the required information but aware of the administration or agency possessing it, it will refer you to the earliest possible application giving account of it to the applicant.
Where this is not possible, will directly inform the applicant about the administration or public sector body which, according to his knowledge, has to go to request such information.
2. the request should reflect the content provided for in article 70.1 of the law 30/1992, of November 26, identifying the document or documents subject to reuse and specifying purposes, commercial or non-commercial re-use of. However, when a request is formulated in a vague way, the competent body will ask the applicant to concrete it and will expressly indicate that if it did not it shall be withdrawn its request, in the terms provided for in article 71 of the law 30/1992, of 26 November. The applicant must specify your request in within ten days counting from the day following the receipt of such request. For this purpose, the competent organ assist the applicant to delimit the contents of the requested information.
The computation of the period to resolve the request for information shall be suspended for the time that mediate between the notification of the requirement and its effective implementation by the consignee or, in absence thereof, by the course of the term granted, informing the applicant of the suspension of the time limit to solve.
3. the competent authority will resolve requests for reuse within a maximum of twenty days from the receipt of the request to the registry of the competent body for processing, generally. When by the volume and complexity of the requested information it is impossible to meet the aforementioned deadline the resolution period may be extended in another twenty days. In this case must be reported to the applicant, within a maximum period of 10 days, of any extension of the period, as well as of the reasons justifying it.
4. resolutions that have estimatorio character may authorise the re-use of documents without conditions or it will result in the timely licensure for reuse in the relevant conditions imposed through the same. In any case the positive decision will result in the availability of the document in the same period in the previous section to solve.
5. If the resolution refused totally or partially the requested reuse, shall be notified to the applicant, informing him of the reasons for such refusal within the deadlines mentioned in paragraph 3, reasons which shall be founded in some of the provisions of this law or the law in force.
6 where rejecting resolution is founded on the existence of third party intellectual or industrial property rights, the competent body shall include a reference to the natural or legal person holding rights when this is known, or, Alternatively, the assignor that the Agency has obtained the documents. Libraries, including the University, museums, and archives will not be required to include such reference.
7. in any case, the resolutions adopted shall contain a reference to the means of redress which may avail himself if the applicant, in the terms provided for in article 58.2 of the law 30/1992, of 26 November.
8 If you intended to resolve and to notify within a maximum period it had not given express judgment, the applicant can understand rejected your request.»
9. Is introduces a provision additional third with the following wording: «provision additional 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 information from the public for reuse, indicating therein, the conditions governing its availability and the practices of resource. The report will be public and will include a review of the application of article 7 concerning the rates, in particular with regard to the calculation of rates higher than marginal costs.
2. for the fulfilment of the provisions of the preceding paragraph, will be subject to regulatory development, aspects relating to coordination between the General Administration of the State, the administrations of the autonomous communities and the entities that make up the Local Administration and public bodies referred to in article 2. '
10. Introduces a fourth additional provision with the following wording: «fourth additional provision. Transfer to public reuse of survey micro-data corresponding to sociological research.
1 projects of research, analysis, or social diagnosis that will be developed by the subjects listed in article 2.a), b), c) and d) whenever they involve quantitative surveys in the field of the social sciences with data collection, shall incorporate in their design a plan for the inclusion of the documentation and anonymised microdata from the survey in a specific database created in the Centro de Investigaciones sociológicas. This Plan shall be deposited with the mentioned data bank in the 12 months after the adoption of the draft, and the anonymised microdata that integrate the study be transferred in a period not exceeding four years from the adoption of the draft. This period may be extended exceptionally for reasons arising from the development and conclusion of the project.
2 Notwithstanding the provisions of the preceding paragraph, are excluded from the obligation: to) surveys conducted by State agencies, the public business entities, State companies, public foundations and public law entities with functional independence or a special autonomy recognized by the Act when acting under private law.
(b) those made by the State Industrial Holdings Company, or any companies or foundations of his group, the National Institute of statistics (INE) and the similar bodies of the autonomous communities.
(c) the surveys they make up statistics of official character included in the national statistical plan and subject to law 12/1989, of May 9, public statistics function, as well as subject to their specific regulations for European statistics. However, in this case, the INE will push, as coordinator of the system statistical of the administration of the State, giving the advertising due to micro-data from these surveys for statistical purpose drawn up by these bodies.
3 shall not be transfer microdata obtained from administrative records of data, as well as those used for surveys that are determining or essential for internal strategic policy of the entities that carry them out on the terms to be determined by regulation.
4. companies, private research teams and natural or legal persons performing also such projects through quantitative surveys in the field of the Humanities with data collection, and receive grants or public subsidies, provided that they are more than 50% of the funds with which their research projects are funded, will also be subject to the presentation of the plan and the obligation to transfer the data to obtain from the same. The rules governing the subvencional regime of State aid for such projects and its successive calls, especially those derived from national r & d Plan and the National Plan of science, shall be entered these obligations. However, regarding these subjects shall apply the same possibility of exclusion when the publication of microdata may cause irreparable competitive injury in its business position in the market.
«5. the breach of this obligation by the researchers responsible, especially within the framework of the national plans of scientific research, development and technological innovation, will be cause of exclusion when applying for new aid for public funding, in accordance with the disciplinary procedures set out in law 38/2003 of 17 November, General grants.»
Eleven. Introduces a fifth additional provision with the following wording: «Fifth additional provision. Re-use of documents, archives and collections of private origin.
In terms of documents, archives and collections of private origin, held in archives, libraries (including the University) and museums, making it available for reuse purposes, must comply with the conditions laid down in the corresponding legal instrument which has resulted in the conservation and safekeeping of these funds in public cultural institutions.»
12. Amending the single transitional provision, which is worded in the following way: «sole transitory provision. Transitional regime applicable to exclusive agreements.
July 1, 2005 existing exclusive arrangements that do not apply the derogation provided for in article 6(2) will conclude when the contract expires or, in any case, not later of December 31, 2008.
Without prejudice to the previous paragraph, to July 17, 2013 existing exclusive arrangements that do not apply the exceptions referred to in the articles 6.2 and 6.3 will conclude when the contract expires or, in any case, at the latest 18 July 2043.»
13. Includes an annex with the following wording: «definitions a. effects of this law, refers to: 1. open data: are those that anyone is free to use, reuse and redistribute, with the only limit, where appropriate, of the requirement of attribution of its source or recognition of his authorship.»
2. document: all information or part of it, any that is your support or form of expression, is this textual, graphic, sound visual or audiovisual, including them metadata associated and them data contained with them levels more elevated of precision and disaggregation. These effects will not be considered documents computer programs protected by the specific legislation applicable thereto.
3 machine readable form: A file format structured to enable software applications to identify, recognize and extract specific data, including factual declarations and its internal structure with ease.
4. open format: A file format independent of platforms and be available to the public without restrictions that prevent the re-use of documents.
5. open formal standard: A standard established in writing that specifies the criteria for interoperability of the software application.
«6 University: all agency public sector which impart post-secondary higher education conducive to obtaining academic qualifications.»
First additional provision. Budgetary regime.
The measures included in this standard may not assume increased endowments, or remuneration of other staff costs.
Second additional provision. Specific arrangements for the staff of the Fábrica Nacional de Moneda y Timbre (FNMT).
1. those who are workers of the Fábrica Nacional de Moneda y Timbre at the time of the Constitution of the mercantile society of public capital provided for in the additional provision eighth law 13/1994 of 1 June, autonomy of the Bank of Spain, and they are attached to that society, will have in the course of a process of collective dismissal founded on economic causes technical, organizational or production, right to opt for the compensation that is appropriate or by incorporation in the Fábrica Nacional de Moneda y Timbre, in this case retaining seniority and other labour rights which they have consolidated in response to their professional classification.
2. when the Fábrica Nacional de Moneda y Timbre certifying, in the case of a process of collective dismissal based on economic reasons, these have their direct origin in the transfer of production of euro banknotes, the rest of the workers of the Fábrica Nacional de Moneda y Timbre that were at the time of the Constitution of this society and that has not had attached to it they have the right to choose, either by the compensation that appropriate or by joining in a vacancy suitable to their professional qualification, the General Administration of the State or an entity of the State public sector in this case preserving the seniority and other rights which they have consolidated.
3. the provisions of the preceding paragraph shall apply also to workers referred to in paragraph 1 of this provision which opt to merge onto the Fábrica Nacional de Moneda y Timbre from the aforementioned society.
First final provision. Modification of the Act 14/2006, 26 May, on assisted human reproduction techniques.
Adds an additional provision sixth Act 14/2006, 26 May, on techniques of human reproduction assisted, in the following terms: "sixth additional provision.
The Constitution, organization and operation of the registry of national activity and results of the centres and assisted reproduction services referred to in article 22 of this law may carry out, through the relevant legal instruments, by entities or scientific societies that prove to the Ministry of health, social services and equality the experience and ability to develop and maintain a record of this nature with the guarantee of quality reliability, confidentiality, scope and organization of the information that you are required by the competent bodies of that Department.
(La ausencia de suministro ael registro citado de los datos pertenecientes a un centro determinado durante un período anual tendrán la misma consideración de falta grave prevista en el apartado 2.b). 4th article 26 of this law, which will result from application the penalties provided for in article 27 of this same legal standard. "
Second final provision. Modification of law 27/2013, of 27 of December, rationalization and sustainability of the Local Administration.
Amending the transitional provision seventh law 27/2013, December 27, of rationalization and sustainability of the Local Administration, which is worded in the following terms: «seventh transitional provision. Transitional arrangements for officials of Local Administration State-enabled.
1 as not comes into force the regulation provided for in article 92 bis of Act 7/1985, of 2 April, regulating the Bases of Local Government, and everything that does not object to the provisions of this law, maintains in force the regulations concerning civil servants fall within the scope of application of that article.
Until December 31, 2016, unless extension by the corresponding law of the State budget, exceptionally, when local corporations whose population is less than 20,000 inhabitants is accredited by a report to the House the impossibility that the Treasury and fundraising functions are performed by a Local administration official with national rating, either definitively provisional, accumulation or grouping, these functions may be exercised by officials of career of the Provincial Council or equivalent entities, in accordance with the provisions of article 36 of the law 7/1985, of 2 April, or when it is credited that this is not possible, by race officials serving at the Local Corporation. In both cases, must be career and will act under the coordination of officials from the Group A1 of the councils or equivalent bodies.
2 administrative procedures related to Local administration officials with State enabling initiated prior to the entry into force of this law will continue its processing and will be resolved in accordance with the regulations in force at the time of its initiation.
3 references to officials with State rating scale, be construed as references to the scale of Local administration officials with national empowerment."
Third final provision. Modification of the regulation of the destination of the cash and balances in accounts and abandoned warehouses.
Law 33/2003 of November 3, the heritage of the public administrations, is hereby amended in the following sense: one. Article 18 will have the following wording: «article 18. Balances and abandoned warehouses.
1 correspond to the General Administration of the State values, money and other property deposited in the General case of deposits and credit institutions, societies or of securities or any other financial institutions, as well as the balances in current accounts, savings accounts or other similar instruments in these establishments, for which is has not practiced management some stakeholders involving the exercise of the right of property in the period twenty-year-old.
2. the cash and the balances of the accounts and books referred to in the preceding paragraph will be used to finance programmes aimed at promoting the improvement of educational conditions of persons with disabilities in the manner provided in the additional provision twenty fourth.
3. the management, administration and operation of the remaining assets that are in the situation prevented in paragraph 1 of this article corresponds to the direction General of the heritage of the State, which may alienate them by the procedure which, depending on the nature of the property or right, it deems most appropriate, prior justification reasoned in the respective record.
4. depository institutions shall be obliged to inform the Ministry of finance the existence of such deposits and balances in the manner to be determined by order of the Minister head of this Department.
5 the audit reports issued in relation to the accounts of these entities shall contain, where appropriate, the existence of balances and deposits in abandonment pursuant to paragraph 1 of this article.»
Two. Adds an additional provision with the following wording: «twenty fourth additional provision. Programme for the improvement of the educational conditions of people with disabilities.
The General Administration of the State will develop a program aimed at promoting the improvement of educational conditions of persons with disabilities, with special attention to the aspects related to their professional development and innovation and research applied to these policies, through direct payments to beneficiaries through the Royal Board on disability.
In the granting of such aid, subject to the principles of publicity, transparency, concurrence, objectivity and non-discrimination, shall be taken into account especially the needs of applicants, as well as their suitability to obtain the greatest possible use in terms of independent living, social participation and inclusion in the community.
Cash and balances in current accounts, savings accounts and other cash deposits referred to in paragraph 2 of article 18 of this law shall apply to a specific concept of the income of State budget, being able to generate credit, in accordance with the provisions in the General budgetary law, the Ministry of health, social services and equality with destination to the Royal Board on disability to finance the development of the programme for the improvement of Conditions education of persons with disabilities."
Fourth final provision. Skill-related title.
This law has the character of basic legislation on the basis of provisions of article 149.1.18. ª of the Spanish Constitution, which attributes to the State competition to dictate the bases of the legal regime of public administrations, with the exception of the first additional provision.
Fifth final provision. Incorporation of the law of the European Union.
This law was incorporated into Spanish law Directive 2013/37/EU of the European Parliament and of the Council of 26 June 2013, amending the Directive 2003/98/EC on the re-use of public sector information.
Sixth final provision. Regulatory development.
The Government, within the scope of its powers, will dictate how many provisions necessary for the implementation and development of the provisions of this law, taking into account the guidelines that could ask the European Commission, especially regarding licensing type recommended, data sets, and collection for the re-use of documents.
Sets a term of one year from the entry into force of this regulation to adapt to the same standards before development of law 37/2007 of 16 November, re-use of public sector information.
Seventh final disposition. Entry into force.
This law shall enter into force the day following its publication in the "Official Gazette".
Therefore, command to all Spaniards, private individuals and authorities, which have and will keep this law.
Madrid, 9 July 2015.
The Prime Minister, MARIANO RAJOY BREY
Search Translated Laws of Spain