Key Benefits:
The President of the Market Commissioner for Tabacos, for the exercise of the functions of the Agency, has its legal representation, the direction of the development of its activities and the setting of the objectives of the different units in the terms laid down in the Statute of the Autonomous Body and other applicable rules. All this in accordance with the provisions of Law 13/1998 of 4 May, of the Ordination of the Market of Tabacos and Tax Regulations, and of Royal Decree 2668/1998 of 11 December 1998 establishing the Statute of the Autonomous Body Commissioner for the Tabacos Market.
Article 6 of the Statute establishes the set of powers that correspond to the President of the Commissioner for the Market in Tabacos, which holds the dual status of the executive body to which the maximum is attributed. institutional representation of the Agency and of the executive body, to which the functions inherent in the management and management of the Agency correspond, delegated in accordance with the provisions of that provision.
According to its Statute, the Commissioner for the Market in Tabacos, for the development of his functions, is structured in the following units, which are hierarchically dependent on the President: Vice-President, as well as the The following units are dependent on the former for the financial, regulatory and management and service delivery functions:
• The Economic-Financial, Budget, Personnel and General Affairs Area.
• The Market Control and Regulation Area.
• The Retail Network Maintenance Area.
• The Market Inspection Area.
Additionally, and also under the direct hierarchical dependence of the Vice President, they are organized organically as areas of instrumental character, the Area of Legal Counsel and the Area of Systems and Informatics.
On the other hand, Article 13 of Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure, provides that the organs of the different public administrations may delegate the exercise of powers conferred on other bodies of the same administration, even if they are not hierarchically dependent, by ordering that the delegation of powers and their revocation must be published in the "Official State Gazette". Article 16 of that Law also regulates the delegation of the holders of the administrative bodies, in the field of their own competence, of their decisions and administrative acts in the holders of the bodies or units of the administrative procedures which are dependent on them, within the limits set out in that Article 13.
Given the high number of procedures that are dealt with in the Agency, the current lack of coverage of the Vice-Presidency, coupled with the legitimate expectations of the heads of each area and taking into account the criteria of operational and (a) the adoption of this resolution on the delegation of powers and the signature of the holders of the powers for the purpose of speeding up the processing of the procedures, facilitating their speedy resolution and effective.
In its virtue, in accordance with the provisions of Articles 13 and 16 of Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure, I have:
First.
Delegate the competencies to the Economic-Financial, Personnel, and General Services Area :
1. In the field of procurement.
All the powers in the matter of contracting, within the limits established by the Recast Text of the Law of Public Sector Contracts, approved by Royal Legislative Decree 3/2011, of 14 November, except those to The following are related:
a) Agreed to start hiring files.
b) The award of contracts.
c) Signing the contracts.
d) The extension of the same.
e) The resolution of the same.
f) The approval of the modifications resulting from the processing and execution of the contracts.
2. In the field of Expenditure Management:
(a) The recognition of obligations and material payment provided that their amount, set or separate, does not exceed EUR 18,000, Value Added Tax (VAT), excluded.
3. In terms of Revenue Management:
(a) The processing of procedures for the recognition of the right to return of undue income, provided that the amount is not more than EUR 18,000, excluding VAT, including the jurisdiction to resolve them and the execution, until payment of the amount of the return.
b) The processing and resolution of the case for deferment and fractionation of tax debts.
(c) The authorisation and issue of all accounting documents relating to the previous dossiers.
4. In the field of Personnel, the following resolutions and administrative acts are signed in the holder of the Economic and Financial Area, Personnel and General Services:
a) Authorization and granting of holidays and permits for particular matters.
(b) The authorization for the attendance of courses in the selection, training and improvement of the National Institute of Public Administration or other institutions dedicated to vocational training and training.
c) The authorization of Service Commissions Orders.
Likewise, in accordance with the provisions of paragraph 5 of this Resolution, the dispatch and supervision of matters relating to the provision of services in the field of Information Technology are delegated to the aforementioned and the Communications, own of the Computer and Computer Area.
Likewise, the notification through the "Official State Gazette" of the administrative acts of the procedures that are substantiated in the Area is delegated to the holder of the said Area.
Second.
Delegate to the holder of the Maintenance Area of the Retail Network, the powers for the management and resolution of the following procedures relating to the retail network provided for in Law 13/1998, of 4 May, of Ordination of the Tabacos Market and Tax Regulations, as well as any other administrative acts to promote those procedures required by the applicable rules.
1. With regard to the management of tobacco and timbre vending machines.
a) Procedures for "inter-living" transmission and "mortis causa" of tobacco and doorbell vending machines
b) Site change and return of vending procedures
c) Temporary closure procedures.
d) Authorization of works and reforms.
e) Authorization of supplementary stores.
f) File resolution of sanctioning procedures for loss of the object of the procedure (resignation) or death of the holder.
g) Resolution of transient extension procedures.
h) Emission of certificates of ownership, commissions and/or any other circumstance that is required by the Courts and organs of the Public Administrations or interested by the individuals.
2. With regard to the management of point of sale with surcharge.
a) Surcharge point-of-sale authorizations.
b) Modification of the tobacco and stamp duty allocated for the provision of the outlets with surcharge.
c) Refusal of the allocation of tobacco and stamp duty for the provision of the outlets with surcharge.
d) Starting and resolving revocation procedures for point-of-sale authorizations with a surcharge for loss, alteration, or lack of requirements for obtaining authorization.
3. In the field of wholesale management.
a) Authorization of destruction of seized or seized tobacco work.
b) Communications to Courts and other public entities of an administrative nature for the destruction of the work of Tobacco apprehended or seized, in accordance with the provisions of Law 13/1998 of 4 May of Market Ordination of Tabacos and Normalativa Tax
c) Authorization to the contracted distributor to withdraw the timbrated effects from the National Mint and the Mint-Real Casa de la Moneda are distributed through the tobacco and stamp vending network.
d) Authorization of occasional imports of tobacco products.
e) Communication to stakeholders of the promotional activities of tobacco products.
Likewise, the notification through the Official State Gazette of the administrative acts of the procedures in the Area is delegated to the holder of the said Area.
Third.
Delegate the signature of all the formalities of the sanctioning procedure to the retail and wholesale market operators provided for in Law 13/1998 of 4 May, with the exception of the person responsible for the Market Inspection Area of the following:
(a) Agreements on the initiation of sanctioning procedures, in accordance with the forecast contained in Article 134.2 of Law 30/1992, of 26 November and in similar terms, in Article 10.2 of Royal Decree 1398/1993, of 4 August, for which the Regulation is adopted for the exercise of the sanctioning power and in article 7.2 of Law 13/1998, of 4 May, of the Ordination of the Market of Tabacos and Tax Regulations.
(b) Sanctions resolutions, in accordance with the provisions of Article 16.4 of Law 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and the Common Administrative Procedure.
(c) Administrative suspension agreements, in accordance with the provisions of Article 94 and 54,d of Law No 30/1992, of 26 November.
(d) Refusatory agreements for suspension of enforcement on administrative grounds in accordance with Article 94 of Law 30/1992 of 26 November.
(e) Term suspension agreements for mandatory consultations of the Advisory Committee of the Commissioner and the Council of State, pursuant to Articles 42.5.c) and 42.6, last paragraph, of Law 30/1992, of 26 of November.
(f) Stestilatory agreements or desestimatoriums of recusal of the instructor of the proceedings, adopted pursuant to the provisions of Articles 28.1 and 29 of Law 30/1992, of 26 November.
Likewise, the notification through the Official Gazette of the State of the resolutions and the administrative acts of the procedures in the Area is delegated to the holder of the said Area.
Fourth.
Delegate the responsibility for the management and resolution of the market to the management and resolution of the following procedures provided for in Law 13/1998, of 4 May, as well as any other acts
a) the administrative costs of the administrative expenditure of the Member State concerned;a) Certification of trade or at the request of the interested parties of the administrative acts dictated in the area of competence of the Area.
(b) Notification through the Official State Gazette of the administrative acts of the procedures to be conducted in the Area.
(c) Notification to the stakeholders of the administrative acts relating to the procedures to be conducted in the Area.
(d) Other administrative acts to promote the procedures required by the applicable rules.
e) Resolution of the suspension of the marketing of tobacco products related to the non-compliance with the labels of such products, including the suspension of the publication of prices of those products.
Fifth.
Functional Dependency, Integration and Coordination of the Commissioner's Instrumental Areas.
1. Area of Systems and Informatics: Without prejudice to the impetus and coordination exerted by the Information and Communications Technologies Directorate (DGTIC) of the Secretariat of State of Public Administrations, this unit in its function of provision of Information and Communications Technologies services, shall carry out directly and under the supervision of the Economic and Financial Area Coordinator, Budget, Personnel and General Services, in accordance with the provisions of the Article 12 of Royal Decree 806/2014 of 19 September 2014 on organisation and operational instruments of information and communications technologies in the General Administration of the State and its Public Bodies, the following functions:
a) Support, operation, implementation and/or management of corporate or telecommunications networks in accordance with the framework established in the Partnership Agreement between the Ministry of Finance and Public Administrations and the Commissioner for the Tobacco Market for the provision of electronic services using the common infrastructure of information technology and communications of the department of January 31, 2014.
b) Developing computer applications in multi-user environments.
c) Computer Consulting.
d) Security of information systems.
e) Technical attention to users.
f) Innovation in the field of ICT.
g) Digital administration.
h) Conform the will to acquire goods or services in the field of information and communications technologies. For these purposes, the proposals for current or investment expenditure of the Information and Communications Systems Area will require, for approval, the prior approval of the Economic and Financial Area Coordinator, Budget, Personnel and General Services, within the framework of the Action Plans to be approved by the President in accordance with the expenditure forecasts contained in the annual budgets of the Agency and in accordance with the implementing instructions to be approved to the effect.
2. The Head of the Legal Area, without prejudice to the functions entrusted with the General Legal Advice of the Agency, will become dependent-as long as the Vice-Presidency of the Agency continues to be vacant-, hierarchically and functionally Presidency, which delegates the signing of matters of office and ordinary management, as well as the following powers:
a) Contstation and signature of the complaints addressed to the Agency.
(b) Reports of a legal nature required by the applicable rules, relating to the procedures to be conducted in the Area or those to be issued at the request of any public body.
(c) Notification through the Official State Gazette of the administrative acts of the procedures to be conducted in the Area.
d) Initiation, processing and reporting of the procedures for the revocation of the vending machines for lack of activity or for non-reopening of the establishment after two years since the authorization of temporary closure.
e) Issuance of files and writings to public bodies and courts.
(f) Other administrative acts to promote the procedures required by the applicable rules.
Sixth. Exercise of delegated powers.
1. Administrative decisions to be taken by delegation shall expressly indicate this circumstance and shall be deemed to have been given by the delegating body. The decisions and acts to be signed by delegation shall include the authority of provenance.
2. The delegation of powers and signatures contained in this resolution shall be without prejudice to the fact that, at any time, the delegating body may be able to endorse the knowledge and resolution of all matters falling within it. consider it appropriate, in the terms of Article 14 of Law 30/1992, of 26 November.
Seventh. Entry into force.
The present delegation of signature and competence shall enter into force on the day following its publication in the "Official State Gazette".
Madrid, June 22, 2015. -President of the Tabacos Market Commissioner, Juan Luis Nieto Fernandez.
