Resolution Of June 22, 2015, Of The Presidency Of The Commissioner To The Tobacco Market, On Delegation Of Responsibilities And Delegation Of Signature In The Administrative Units.

Original Language Title: Resolución de 22 de junio de 2015, de la Presidencia del Comisionado para el Mercado de Tabacos, sobre delegación de competencias y delegación de firma en las unidades administrativas.

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Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-7066

The Chairman of the Commissioner for the tobacco market, for the exercise of the functions of the Agency, holds his legal representation, the direction of the development of its activities and the objectives of the various units in the terms established in the Statute of the autonomous agency and other applicable rules. In accordance with the provisions of law 13/1998, dated May 4, management of the market in tobacco and tax legislation, and in Royal Decree 2668 / 1998, 11 December, which approves the Statute of the autonomous body Commissioner for tobacco market.

Article 6 of this Statute establishes the set of competencies that correspond to the President of the Commissioner for the tobacco market, which boasts the double condition of governing body is attributed to that maximum institutional representation of the body and executive body, to which correspond the functions inherent in ordinary of the same management, delegated according to the provisions of this rule.

In accordance with its Statute, the Commissioner for the tobacco market, for the performance of its functions, is structured into the following dependent units hierarchically President: Vice President as well as the following units dependent on the previous one for the exercise of regulatory, economic and financial functions and management and provision of services: • the Area economic-financial, budgetary, personnel and General Affairs.

• The Control and regulation of the market.

• The Area of maintenance of the retail network.

• The inspection Area of the market.

In addition, and also under the direct hierarchical dependence of the Vice President, are configured organically as instrumental nature areas, the Area of legal advice and the Area of systems and computer science.

On the other hand, article 13 of law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure, provides that bodies of the different public administrations may delegate the exercise of powers that are attributed in other organs of the Administration, even when they are not hierarchically dependent, ordering that the delegations of powers and its repeal shall be published in the «Official Gazette». In addition, article 16 of the Act regulates the delegation of signature of the holders of administrative bodies, in the field of its competence, decisions and administrative acts in holders of bodies or administrative units coming under their jurisdiction, within the limits given in this article 13.

Given the high number of procedures that are handled in the body, the current lack of coverage of the Vice President, together with the legitimate confidence exists in the heads of each Area and according to criteria of operability and speed in management, is considered necessary to the adoption of the present resolution of delegation of powers and signature in the holders thereof in order to expedite the handling of procedures facilitating its rapid and effective resolution.

Virtue, in accordance with articles 13 and 16 of the law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure, I have: first.

Responsible for financial, personnel and General Services Area delegate the following powers: 1. procurement.

All faculties in the procurement, within the limits of the text revised of the law of contracts from the Public Sector, approved by Royal Legislative Decree 3/2011, of 14 November, except those below relate: to) remember the beginning of hiring records.

(b) the award of contracts.

(c) the signature of the contracts.

(d) the extension of the same.

(e) resolution of the same.

(f) the approval of modifications arising from the handling and execution of contracts.

2 expenses management: to) the recognition of obligations and payment material whenever its amount, joint or separate, not exceeding 18,000 euros, added value (VAT) tax, excluded.

3 in the field of revenue management: to) processing procedures for the recognition of the right to a refund of income undue, provided that the amount does not exceed 18,000 euros, excluding VAT, including the competence to resolve them and the execution, until the payment of the amount of the refund.

(b) the processing and resolution of the records of postponement and fractionation of tax debts.

(c) the authorization and issuance of all accounting documents relating to the previous records.

4 personnel signing the following resolutions and administrative acts is delegated to the holder of the economic and financial, personnel and General Services: to) authorization and granting of holidays and permissions for particular issues.

(b) the authorization to attend courses of selection, training and development at the National Institute of public administration, or other centers dedicated to the education and professional training.

(c) the authorization of commissions from service orders.

It is also delegated to referred to, in accordance with the provisions of the fifth paragraph of this resolution, the office and supervision of the affairs relating to the provision of services in the field of information technologies and communications, typical of the Area of systems and informatics.

Also, is delegated to the owner of the aforementioned Area through the «Official Gazette» notification of the administrative acts of the proceedings which are pending in the Area.

Second.

Delegate to the holder of the maintenance Area of the retail network, the competences for the management and resolution of the following network retailer provided for in law 13/1998, dated May 4, management of the market in tobacco and tax legislation, as well as any other administrative acts of impulse of the procedures required by the applicable legislation.

1. in the field of management of distributors of tobacco and timbre.

((a) procedures for transmission «inter vivos» and «mortis causa» of the distributors of tobacco and ring b) procedures of change of location and return of distributors c) temporary closure procedures.

(d) authorization of works and reforms.

(e) authorization of additional stores.

(f) resolution of file of disciplinary procedures for loss of the object of the procedure (resignation) or death of the owner.

(g) resolution of transient extension procedures.

(h) issuance of certificates of ownership, commissions or any other circumstance that is required by the courts and bodies of public administrations or interested in individuals.

2. in the field of management of points of sale with extra charge.

(a) authorization of point of sale with extra charge.

(b) modification of the expendeduría of tobacco and stamp assigned to the provision of point of sale with extra charge.

(c) denial of the assignment of distributors of tobacco and Bell for the provision of point of sale with extra charge.

(d) home and resolution of proceedings for the revocation of authorisations for point of sale surcharge from loss, alteration or lack of requirements to obtain authorization.

3. in the field of wholesale management.

(a) authorization of destruction of seized or confiscated manufactured tobacco.

b) communications to courts and other public bodies of an administrative nature of destruction of manufactured tobacco seized or confiscated, in accordance with the provisions of the law 13/1998, of 4 may, management of the market of tobaccos and normative tax c) authorization to the contracted distributor to remove effects stamped as coming from the Fábrica Nacional de Moneda y Timbre-real Casa de la Moneda are distributed through the network of distributors of tobacco and timbre.

(d) authorization of occasional imports of manufactured tobacco.

(e) communication to stakeholders of the promotional activities of manufactured tobacco.

Also, is delegated to the owner of the aforementioned Area notification through the Official Gazette of the administrative acts of the proceedings which are pending in the Area.

Third party.

Delegate in the Area of inspection of the market responsible for signing all of the procedures of the disciplinary procedure to market operators provided for in law 13/1998, dated May 4, with the exception of the following retail and wholesale: to) agreements of start of proceedings, pursuant to the provision contained in article 134.2 of the law 30/1992 26 November and in similar terms in article 10(2) of the Royal Decree 1398 / 1993, of 4 August, which approves are the regulations for the exercise of the powers to impose penalties and in article 7.2 of the law 13/1998, dated May 4, market management of tobacco and tax legislation.

(b) resolutions sanction, in accordance with the provisions of article 16.4 of the law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure.

((c) agreements for suspension of execution in administrative proceedings, in accordance with article 94 and the 54.d) of the law 30/1992, of 26 November.
(d) denegatorios agreements of suspension of execution in administrative proceedings in accordance with article 94 of the law 30/1992, of 26 November.

((e) arrangements for suspension of the period for mandatory consultation of the Commissioner's Advisory Committee and the State Council, under cover of the provisions of the articles 42.5. c) and 42.6, last paragraph, of the law 30/1992, of 26 November.

(f) agreements estimatorios or rejected challenges of the instructor of the procedures, adopted pursuant to the provisions of the article 28.1 and 29 of the law 30/1992, of 26 November.

Also, is delegated to the owner of the aforementioned Area notification through the Official Gazette of resolutions and administrative acts of the proceedings which are pending in the Area.

Room.

Delegate responsible for the Control and regulation of the market Area the competences for the management and resolution of the following procedures in the law 13/1998, dated May 4, as well as any other administrative acts of impulse of the same required in the rules.

(a) certification ex officio or at the request of interested parties of the administrative acts in the scope of the Area.

(b) notification through the Official Gazette of the administrative acts of the proceedings which are pending in the Area.

(c) notification to stakeholders of administrative acts relating to procedures that support in the Area.

(d) any other administrative acts of impulse of the procedures required by the applicable legislation.

(e) resolution suspending the marketing of manufactured tobacco relating to failure to comply with the labelling of such products, including the suspension of the publication of prices of the same.

Fifth.

Functional dependency, integration and coordination of the instrumental Areas of the Commissioner.

1. area of information systems and: without prejudice to the impulse and coordination exercised by the direction of the information technologies and communications (DGTIC) of the Secretariat of State administrations public, this unit in its function of providing services of information technology and communications, will directly and under the supervision of the Coordinator of the economic and financial Area (, Budgetary, personnel and general services, in accordance with the provisions of article 12 of the Royal Decree 806/2014, on September 19, on organisation and operational instruments of the information technologies and communications in the General Administration of the State and its public agencies, the following functions: to) support, operation, implementation and/or management of corporate information systems or telecommunications networks, in accordance with the framework established in the agreement of collaboration between the Ministry of finance and public administration and the Commissioner for the tobacco market for the provision of electronic services using common infrastructure of information technologies and communications of the Department on January 31, 2014.

(b) development of computer applications in multi-user environments.

(c) consulting.

(d) security of information systems.

(e) technical support to users.

(f) innovation in the field of ICT.

(g) digital management.

(h) forming the will of procurement of goods or services in the field of information technologies and communications. For this purpose, the proposals of current expenditure and investment in the Area of computer systems and communications will require, for approval, approval prior for the Coordinator of the economic and financial Area, budgetary, personnel and general services, within the framework of plans of action that are approved by the President in accordance with the forecasts of expenditure contained in the annual budgets of the Agency and in accordance with the directions of development that are approved to the effect.

2 the headquarters of the Area legal, without prejudice to functions that have assigned legal advice-general of the Agency, will pass to rely - as the Vice President of the same continue vacancy-hierarchical and functionally of the Presidency, which delegates to the headquarters the signing of dispatch and management issues, as well as the following competencies: to) reply and signature of the complaints addressed to the Agency.

(b) reports of a legal nature required by the legislation applicable, relating to proceedings which are pending in the Area or which should be issued at the request of any public entity.

(c) notification through the Official Gazette of the administrative acts of the proceedings which are pending in the Area.

(d) initiation, processing and report of proceedings for the revocation of the distributors due to lack of activity or by not reopening the establishment within two years after the authorization of temporary closure.

(e) remission of records and briefs to government agencies and courts.

(f) any other administrative acts of impulse of the procedures required by the applicable legislation.

Sixth. Exercise of delegated powers.

1. the administrative decisions taken by delegation indicate expressly this circumstance and are considered to be dictated by the delegating body. The resolutions and acts signed by delegation shall contain the authority of origin.

2. the delegations of powers and signature contained in this resolution are understood without prejudice to that at any time, the delegating authority can arrogate to itself the knowledge and appropriate resolution of many issues covered therein, under the terms of article 14 of the law 30/1992, of 26 November.

Seventh. Entry into force.

The present delegation of signature and skills shall enter into force the day after its publication in the "Official Gazette".

Madrid, 22 June 2015.-the Chairman of the Commissioner for the tobacco market, Juan Luis Nieto Fernández.