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Order Ecc / 953 / 2015, Of 14 De Mayo, By Which Is Approves The Regulation Of Regime Inside Of The Camera Official Of Trade, Industry, Services And Navigation Of Spain.

Original Language Title: Orden ECC/953/2015, de 14 de mayo, por la que se aprueba el Reglamento de Régimen Interior de la Cámara Oficial de Comercio, Industria, Servicios y Navegación de España.

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The Official Chamber of Commerce, Industry, Services and Navigation of Spain, in the future Chamber of Commerce of Spain, was constituted in the session that took place on November 19 in the Ministry of Economy and Competitiveness, In accordance with the procedure laid down in the Order of 29 August 2014, by the Minister for Economic Affairs and Competitiveness, the provisions necessary for the establishment of the Chamber of Commerce, Industry, Services and Navigation of Spain and for the extinction of the Superior Council of Chambers of Commerce, Industry and Navigation.

In accordance with the transitional provision first 3 of Law 4/2014, of April 1, Basic of the Official Chambers of Commerce, Industry, Services and Navigation " The Chamber of Spain shall draw up its Rules of Procedure the new regulation, within three months of its constitution. This Regulation will be approved by the Ministry of Economy and Competitiveness, as a tutoring administration. "

The Spanish Chamber of Commerce produced a draft of the Rules of Procedure of the Interior Regime that was presented to the Executive Committee of the said corporation on January 27, 2015. The draft regulation was referred to the members of the Executive Committee and the plenary, as agreed in the Committee's opinion, with a deadline of 11 February 2015 for comments to be made to the text. A total of 78 allegations were received from 11 members, of which 46 were incorporated into the draft Internal Regime Regulation for technical improvements to the initial wording and to be framed in the provisions of Law 4/2014, of 1 of April.

The draft of the Rules of Procedure was adopted by an absolute majority by the plenary session of the House of Representatives at the sitting of 28 April 2015 on the proposal of the Executive Committee. It was agreed in this plenary session to request the mandatory approval of the aforementioned regulation by the Minister of Economy and Competitiveness, as required by article 32.3 of Law 4/2014, of April 1.

The Rules of Procedure have been referred by the General Secretariat for the purpose of requesting this approval on 29 April 2015.

As of May 11, 2015, the Acting General Secretariat of the Spanish Chamber of Commerce issues a certificate stating the above points.

Having regard to the Rules of Procedure of the Spanish Chamber of Commerce;

Having regard to the certification of the General Secretariat in office of the Spanish Chamber of Commerce of 11 May, in which the approval of the proposal for a regulation by the plenum is credited and the approval of the Minister of Economics and Competitiveness of the draft Regulation;

Having regard to the draft Rules of Procedure of the Rules of Procedure by the members of the plenary, I have:

Approve and order the publication in the "Official State Gazette" of the Rules of Procedure of the Internal Regime of the Official Chamber of Commerce, Industry, Services and Navigation of Spain, which is inserted below. This Regulation has been proposed by the Plenary Session of the Corporation at its meeting of 28 April by an absolute majority, on a proposal from the Executive Committee of the same date, in accordance with Article 32.3 of Law 4/2014 of 1 April, Basic of the Official Chambers of Commerce, Industry, Services and Navigation.

Madrid, May 14, 2015. -Minister of Economy and Competitiveness, Luis de Guindos Jurado.

OFFICIAL CHAMBER OF COMMERCE, INDUSTRY, SERVICES AND NAVIGATION OF SPAIN

Interior Regime Regulation

CHAPTER I

General Provisions

Article 1.

Spain's Official Chamber of Commerce, Industry, Services and Navigation-which will be referred to as the "Spanish Chamber of Commerce" for the purposes of this Internal Regime Regulation-, with its registered office in Madrid, is a Corporation of Public Law, with its own legal personality and full capacity to act for the fulfillment of its aims. Its structure and operation must be democratic.

It is made up of the Chambers of Commerce of the Autonomous Communities and cities of Ceuta and Melilla, the largest companies of major contribution to the Spanish Chamber of Commerce, the business and autonomous organizations, the Ministries for the purpose of the competition provided for in Article 25.2.d) of Law 4/2014, of April 1, and the Federations of the Spanish Official Chambers abroad, and it is the body of representation, relationship and coordination of the same.

Article 2.

1. It is for the Spanish Chamber of Commerce to exercise the public functions entrusted to it by Law 4/2014 of 1 April and those which may be assigned to it by the Public Administrations in accordance with the instruments established by the legal order, the development of those activities which, at the state or international level, contribute to the defence, promotion, representation and promotion of the general interests of trade, industry, services and navigation; as the provision of services to undertakings carrying out the above activities.

2. The Spanish Chamber of Commerce may promote or participate in all kinds of associations, foundations, civil or commercial societies, as well as for the proper development of its functions, and subject to authorization from the tutoring administration. to conclude the appropriate collaboration agreements.

3. The Chamber of Commerce of Spain will have the capacity to contract with the Public Administrations or with any public or private entity the performance of those works or services that are considered opportune. For the proper development of its functions, the Chamber may conclude agreements in the terms provided for in Article 5 of Law 4/2014 of 1 April 2014 and conclude contracts in which the General Administration and other entities of the public sector will accommodate the requirements of its legal regime and use the remaining instruments permitted by the legal order in force in the terms of Article 2 of Law 4/2014, of April 1.

In the development of the public-administrative functions, adequate coordination with the Public Administrations will be ensured through the signature of the appropriate instruments of collaboration, as well as through the actions to be taken by the competent authorities on the basis of the matter. Likewise, the Official Chambers of Commerce, Industry, Services and Navigation and the Spanish Chamber of Commerce will be able to sign agreements or other instruments of collaboration to ensure an adequate coordination of their actions with the by business organizations.

CHAPTER II

Of The Plenary

Article 3.

The Spanish Chamber of Commerce is the supreme governing body and general representation of the Spanish Chamber of Commerce, whose term of office will last four years.

The Plenary Session shall be chaired by a President, and shall have three Vice-Presidents and one Treasurer, elected in accordance with the provisions of Article 24 of this Regulation.

The plenary will be composed of:

(a) A President of the Chambers of Commerce for each of the Autonomous Communities and Autonomous Cities of Ceuta and Melilla, designated by the Tutelants as they are in accordance with the provisions of the legislation in force, and up to eight representatives of the Chambers belonging to the Autonomous Communities with the largest number of companies designated by the authorities in accordance with the criteria laid down by the Ministry of Economy and Competitiveness.

b) Twenty-eight vowels on a proposal from the Ministry of Economy and Competitiveness among the largest companies of major contribution to the Chamber of Commerce, Spain in the national territory. The proposal of the Ministry of Economy and Competitiveness will be made in such a way as to ensure the proper reflection of the Spanish economic representation taking into account the contribution of the large companies weighted by the participation of the different sectors and economic sub-sectors in Gross Value Added. These circumstances shall be credited to the proposal.

c) Nine members chosen on a proposal from the most representative cross-sectoral and territorial business organisations at national level, between representatives of companies, and persons of recognised prestige in life economic. To this end, the business organisations concerned must present a list of candidates in number corresponding to the terms to be covered. These circumstances shall be accredited by the proposal.

d) Ten vowels representing the Ministries of Economy and Competitiveness, the Ministry of Industry, Energy and Tourism, the Ministry of Finance and Public Administrations, the Ministry of Employment and Social Security, the Ministry of Foreign Affairs and Cooperation, the Ministry of Education, Culture and Sport, the Ministry of Agriculture, Food and Environment, the Ministry of Justice, the Ministry of Public Works, and the Ministry of Health, Services Social and Equality, on a proposal from them, which will imply their designation.

e) Two vowels representing the Federations of the Spanish Chambers of Commerce and Foreign Trade Officers appointed by the Ministry of Economy and Competitiveness.

f) Two vowels representing the representative autonomous organizations at the national level, on a proposal from the Ministry of Employment and Social Security. Accreditation of the representative character shall mean that the proposal has been designated.

g) The Secretary-General and the Managing Director, if any, shall, in a voice but without a vote, attend the plenary meetings. Furthermore, in addition to the representative of the Ministry of Economy and Competitiveness, which is part of the plenary session, a second representative of the Ministry of Economy and Competitiveness will be called upon to attend with a voice but without a vote.

May participate in the Chamber of Commerce of Spain, as members of its collaborators or associates, on a proposal of the Executive Committee and after agreement of the Plenary, other companies or entities that have made contributions which are not included among the twenty-eight provided for in paragraph (b), which are members of the plenary. The Vocal Collaborators will be able to participate in the plenary, with a voice but without a vote.

The President may also invite persons or representatives of entities to the Plenary Assembly who, by reason of the matter, can contribute to the development of the matters to be dealt with in the session, which will participate in a voice but without a vote.

Article 4.

For each of the vocalias provided for in Article 3, the proposer may appoint one titular vowel and one alternate. The appointment of the alternate members shall be carried out by those who have appointed the holders.

In case of vacancy, absence or illness and, in general, when there is a justified cause, the vocal members shall be replaced by their alternates, if any. Also, the members of the members or alternates in the case of Article 3. (b) may delegate assistance to a representative of the undertaking, for each session of the plenary session and not in a generic way.

Members of the plenary may delegate their representation and vote to another member of the plenary in writing, in the event of a failure to attend the right-hand voice and, where appropriate, of the alternate member who has been appointed. This delegation may be exercised only for each of the plenary sessions, without the generic delegations being admissible.

Article 5.

Corresponds to the plenary session of the Spanish Chamber of Commerce:

a) Approve, on the proposal of the Executive Committee, and propose by an absolute majority to the Ministry of Economy and Competitiveness the Rules of Procedure of the Corporation, as well as its modifications.

(b) Choose, in the manner provided for in Article 24 of this Regulation, the President and other members of the Executive Board and agree on their cessation, and declare and provide for the vacancies to be filled, as well as to ratify the appointment or dismissal of the President or honorary Presidents appointed by the President of the Spanish Chamber of Commerce in the form referred to in Article 16.

c) Name, if applicable, and cease the Managing Director, on a proposal from the President, and by reasoned agreement adopted by half plus one of its members.

(d) Appoint, upon public notice of the vacancy, and cease the Secretary-General, by reasoned agreement adopted by half plus one of its members.

e) Determine employees who may have access to the information provided by the tax administration referred to in Article 8 of Law 4/2014, of April 1.

f) Approve the annual accounts, the Annual Report on Corporate Governance, and the ordinary and extraordinary budgets and their liquidations, for referral to the Ministry of Economy and Competitiveness for approval definitive.

g) Adopt agreements concerning the acquisition and disposal of goods and credit operations where they exceed 25% of the budget by collecting the necessary authorisations for this in the terms of Law 4/2014, of 1 April.

h) Adopt, with a two-thirds majority of the votes present, binding agreements for all Chambers in the framework of the functions described in Articles 22 and 23 of Law 4/2014, of April 1.

(i) Create, constitute and delete, in the proposal of the Executive Committee, the Advisory Work Commissions and designate the President of each of them.

(j) To designate, on a proposal from the Executive Committee, representatives of the Spanish Chamber of Commerce in the various public and private bodies to proceed.

k) Approve, on a proposal from the Executive Committee, the recommendations for voluntary contributions by the companies and entities referred to in Article 36.2 of this Regulation.

(l) Approve, on a proposal from the Executive Committee, the participation in the Chamber of Commerce of Spain, other companies or entities, as members of staff or associates referred to in Article 34.2 of this Regulation, as well as their cessation.

m) Approve, on a proposal from the Executive Committee, the renewal of the plenary session and, where appropriate, of the Executive Committee, in accordance with Law 4/2014, of April 1, and with this Regulation.

n) Approve, on the proposal of the Executive Committee, the criteria for the affectation and distribution of the income of the Chamber of Commerce of Spain, respecting the rules of preference and distribution referred to in Article 31 of the Law 4/2014, of April 1.

o) Exercise all those powers that may correspond to him in relation to his character as the supreme governing body and general representation of the Spanish Chamber of Commerce.

p) Agree, on the proposal of the Executive Committee, the elevation of the Cameral Plan of Internationalization and the Cameral Plan of Competitiveness to the Ministry of Economy and Competitiveness for approval if appropriate.

q) Approve, on a proposal from the Executive Committee, reports and proposals.

r) How many other functions you attribute to the current legislation.

Article 6.

The plenary session of the Spanish Chamber of Commerce will meet at least twice a year in ordinary session and, in an extraordinary session, each time the President, the Executive Committee or half of the members of the Plenary. It may also be convened by the Minister for Economic Affairs and Competitiveness on his own initiative, in which case he may chair the session.

Article 7.

The plenary session of the Spanish Chamber of Commerce, in order to be able to hold its first convocation sessions, must be constituted, at least, by the two-thirds of its members, members, alternates or, if necessary, delegates.

When the number of assistants mentioned in the previous paragraph has not been achieved, the plenary session may be constituted, on a second call, half an hour later than the one scheduled for its conclusion, provided that they attend the Half more than one of its component members, alternates or delegates, and always with the assistance of the President and the Secretary-General of the Spanish Chamber of Commerce, without prejudice to the substitutions and delegations provided for in Article 4 of this Regulation.

The plenary shall adopt its agreements, as a general rule, by a simple majority of the assistants, except for the cases in which Law 4/2014 of 1 April, or this Regulation provides for other majorities, and without prejudice to the delegation of voting provided for in Article 4 of this Regulation.

When justified by the plenary session, the plenary may delegate specific functions to the Executive Committee or to the President.

CHAPTER III

From The Executive Committee

Article 8.

The Executive Committee is the management, administration and proposal body of the Spanish Chamber of Commerce.

Members of the Executive Committee shall be elected by the plenary session of their members in accordance with the procedure laid down in Chapter 7 of this Rules of Procedure.

The Executive Committee shall be composed of the President, three Vice-Presidents, the Treasurer, eight representatives of the Chambers of Commerce of the Autonomous Communities and Autonomous Cities of Ceuta and Melilla, of which necessarily four representatives must be from the Chambers of Commerce of the Autonomous Communities with more companies in their censuses and the remaining ones will be chosen by means of the rotating system of representation established in Article 9 of the present 14 representatives of the companies with the greatest contribution to the Chamber of Commerce Spain on the national territory; two representatives of the business organisations represented in the plenary, a representative of the autonomous organisations represented in the plenary, a representative of the Ministry of Economic Affairs and Competitiveness and a representative of the Ministry of Industry, Energy and Tourism.

The Secretary-General and the Managing Director, if any, shall attend, in a voice but without a vote, the meetings of the Executive Committee.

Also, in addition to the representative of the Ministry of Economy and Competitiveness, which is part of the Executive Committee, a second representative of the Ministry of Economy and Competitiveness will be called, who will attend with a voice but without a vote.

They may also participate in the Executive Committee, with a voice but without a vote, the persons or entities who, by reason of the matter to be treated, are invited by the President and can contribute to their development.

Article 9.

Of the eight representatives of the Chambers of Commerce of the Autonomous Communities and Autonomous Cities of Ceuta and Melilla, who will be part of the Executive Committee:

-Four representatives must be from the Chambers of Commerce of the Autonomous Communities with more companies in their censuses.

-Four representatives of the Chambers of Commerce of the other Autonomous Communities and cities of Ceuta and Melilla, which will be maintained in order to decrease the number of companies in their censuses and which will rotate annually.

Article 10.

It is for the Executive Board to exercise the functions that are not expressly entrusted to other bodies, and in particular the following:

a) Develop and propose to the plenary the approval of the annual accounts, the Annual Report on Corporate Governance, and the budgets and settlements.

b) Monitor General Accounting and adopt general agreements on collection and payment management.

c) Propose to the plenary the creation of consultative work commissions as well as the appointment of their presidents.

d) Create, modify and delete bilateral Business Committees with other countries and designate the President of the Spanish side of each of them, reporting all to the Ministry of Economy and Competitiveness.

e) Create Committees, Councils and other Working Groups, when they do not fall within the competence of the plenary, as well as appoint their presidents.

f) Propose to the plenary the representatives of the Spanish Chamber of Commerce in the various public and private bodies that proceed.

g) Agree to the promotion or participation of the Spanish Chamber of Commerce in any association, consortium, foundation, civil society or commercial or private company, or entities of a similar nature.

(h) Propose to the plenary the approval or amendment of the Rules of Procedure for its elevation to the Ministry of Economy and Competitiveness.

i) To propose to the plenary the recommendations for the voluntary contributions of the companies and entities referred to in Article 36.2 of this Regulation.

j) To propose to the plenary the participation in the Chamber of Commerce of Spain, of other companies or entities mentioned in article 36.2 of this regulation, in the capacity of Vocal Collaborators or Associates.

k) Propose to the plenary the amendment of the same and of the Executive Committee in accordance with Law 4/2014, of April 1, and this Regulation.

l) Propose to the plenum the criteria for the affectation and distribution of the revenues of the Chamber of Commerce of Spain.

(m) Adopt agreements concerning the acquisition and disposal of goods and credit operations where they do not exceed 25% of the ordinary budget of the Spanish Chamber of Commerce without prejudice to the collection of necessary the authorisations referred to in Article 31 of Law 4/2014 of 1 April 2014. The Executive Board shall report to the plenary after the agreements adopted.

n) Propose to the plenum the agreements concerning the acquisition and disposal of goods and credit operations when they exceed 25% of the ordinary budget of the Spanish Chamber of Commerce without prejudice to the where necessary the authorisations referred to in Article 31 of Law 4/2014 of 1 April 2014.

or) Adopt, agreements relating to the exercise of all kinds of actions and the interposition of resources before any jurisdiction, administrative authority or before arbitral institutions.

p) Adopt agreements concerning the procurement procedure enabled to ensure the conditions of advertising, transparency and non-discrimination.

q) Approve a Code of Practice that ensures the impartiality and transparency of the Spanish Chamber of Commerce in the development of its public-administrative functions.

The Code of Practice will apply to all members of the Spanish Chamber of Commerce, their staff, as well as their relations with third parties.

r) Propose to the plenary the Cameral Plan of Internationalization and the Cameral Plan of Competitiveness for approval, if appropriate, by the Ministry of Economy and Competitiveness.

s) Evacuate the reports and assessments provided for in Article 25 of Law 4/2014 of 1 April 2014 and those that the Administration requests, informing them in plenary at the first session to be held.

t) To exercise those functions whose competence is not reserved for the Plenary or any other organ of the Chamber of Commerce of Spain.

u) Approve any type of collaboration agreement that is not reserved for other governing bodies of the Spanish Chamber of Commerce. The Executive Board shall inform the plenary of the approved conventions.

v) Any other function entrusted to it by the Plenary.

The Executive Board may delegate specific functions, with the exception of those delegated by the plenary and those contained in points (a), (b), (c), (d), (h), (i), (j), (k), (l), (n), (q), (r)

The body or person to whom the delegation is delegated shall inform the Executive Committee in writing of the actions taken in the exercise of the delegation. The Committee may request any clarification as appropriate, as well as at any time to endorse delegated powers.

Article 11.

The Executive Committee shall hold an ordinary session, at least six times a year, as well as the extraordinary meetings agreed by the President or by half of its members.

The members of the Executive Committee are under the election made by the plenary. In the event of absence or illness and, in general, where there is a justified cause, members may be replaced by their alternates in the plenary session, if any, or by the persons in whom they delegate.

Members of the Executive Board may delegate their representation and vote to another member of the Executive Committee in writing, in the event of the absence of assistance from the right holder and, where appropriate, the alternate member. This delegation may be exercised only for each of the meetings of the Committee, without the generic delegations being admissible.

The Executive Committee, in order to be able to hold its first convocation sessions validly, shall be constituted, at least, by two-thirds of its members.

When the number of assistants mentioned in the previous paragraph has not been achieved, the Executive Committee may be constituted, on a second call, half an hour later than planned for its conclusion, provided that In addition, half of its components are included and always with the assistance of the President and the Secretary General of the Spanish Chamber of Commerce, without prejudice to the substitutions and delegations provided for in this regulation.

Your agreements will be adopted by a simple majority of the attendees, without prejudice to the voting delegation.

CHAPTER IV

of the President, Vice-Presidents, Treasurer and Honorary Presidents

Article 12.

It will be up to the President of the Spanish Chamber of Commerce to represent the Spanish Chamber of Commerce, to convene and to preside over its collegiate bodies and to be responsible for the implementation of its agreements.

It will also be up to you to direct the activities of the Chamber of Commerce of Spain necessary for the development of the functions recognized in article 21 of Law 4/2014, of April 1.

To this end, you will be able to arrange as much as you consider suitable for the good march and government of the Chamber of Commerce of Spain, all without prejudice to the powers of the Executive Committee and the plenary, to those who will answer management.

It will be up to you to adopt all kinds of personnel agreements that are not expressly reserved for the plenary.

Article 13.

Without prejudice to your personal responsibility, the President may delegate specific and determined powers in writing.

No delegation shall be delegated to the powers delegated by the Plenary or the Executive Committee to the President.

Article 14.

First, second and third Vice-Presidents shall, in their order, replace the President in the event of absence, illness or vacancy, having the same powers. They shall contribute to the tasks of the latter by assisting him and, where appropriate, by representing them.

In the event of absence, illness or vacancy of the Vice-Presidents, they shall be replaced by the Treasurer or by the senior vowel of the Executive Committee.

In the event of absence, vacancy or illness, the Secretary-General shall be replaced by the person appointed by the Executive Committee in accordance with Article 20.

Article 15.

The Treasurer will guard the funds of the Spanish Chamber of Commerce in the form that the Executive Committee has, will supervise the accounting and will direct the preparation of the annual accounts. The Executive Committee may provide for those who, among its members, act as Deputy Treasurer who will assist the Treasurer in the development of his duties and will replace him in the cases of absence, illness or vacancy. The Treasurer may delegate specific functions to the Deputy Treasurer.

The Treasurer and, if applicable, the Deputy Treasurer, will receive the support and technical assistance of the accounting and budgetary services dependent on the Spanish Chamber of Commerce.

Article 16.

The Spanish Chamber of Commerce may have one or more honorary Presidents who will be able to exercise the institutional representation of the Chamber, both nationally and internationally, in all those acts for which it is The President of the European Parliament and the President of the Council of the European Union. Its designation and cessation shall be carried out by the President, who shall inform the Plenary for its ratification.

Until ratification occurs, the Honorary President will carry out his duties in the form and with the scope contained in the designation of the President of the Spanish Chamber of Commerce.

CHAPTER V

From The Managing Director

Article 17.

The Chamber of Commerce, of Spain may appoint a Managing Director who must be licensed or entitled to a higher degree, and whose appointment and termination shall correspond to the Plenary, on a proposal from the President and by reasoned agreement in half plus one of its members.

Article 18.

It is up to the Managing Director, regardless of the executive powers that have been delegated by the governing bodies, to manage the agreements adopted by the governing bodies of the Chamber of Commerce. of Spain and the direction of its services, in the terms established by the President.

Attend with a voice, but without a vote, to the sessions of the governing bodies of the Chamber and keep informed of its management and the set of activities of the Spanish Chamber of Commerce to the plenary, the Executive Committee and the President. Where there is no Managing Director or is unable to perform his/her duties, they shall be assumed by the Secretary-General.

This position will be subject to the employment contract.

CHAPTER VI

From The Secretary General

Article 19.

The Spanish Chamber of Commerce will have a Secretary General who must be licensed or entitled to a higher degree. The Secretary-General shall be subject to the employment contract.

His appointment and dismissal will be the responsibility of the plenary session of the Spanish Chamber of Commerce, according to a reasoned agreement adopted by half of its members. The appointment will take place after public notice of the square held by the Executive Committee by means of the insertion of the corresponding announcement on the website of the Chamber of Commerce of Spain and in one of the largest newspapers in the national scope.

The Secretary-General shall be from the Plenary and the Executive Committee.

The Secretary General, with a voice but without a vote, will attend the meetings of the governing bodies of the Spanish Chamber of Commerce and will ensure the legality of his agreements. It shall also carry out, where appropriate, the relevant warnings for the good march of the Spanish Chamber of Commerce, with a record in the corresponding minutes.

Article 20.

In addition to the tasks set out in Article 19, it is for the Secretary-General, irrespective of the powers conferred on him, to draw up and sign with the President the minutes of the meetings of the governing bodies, as well as the custody of the books of the minutes, certifying, where necessary, the agreements of the governing bodies and other required certifications to the Spanish Chamber of Commerce, providing assistance and advice precise to the Plenary, the Executive Committee, the President and the Managing Director and, in general, how many other functions are inherent in your status as Secretary. Where, for whatever reason, there is no Secretary-General or the Secretary-General is unable to perform his duties, they shall be assumed by the person appointed by the Executive Board.

CHAPTER VII

Constitution and form of election of the President and other members of the plenary and the Executive Committee

Article 21.

The mandate of the members of the Spanish Chamber of Commerce will be four years after its inauguration in the first session of its plenary session. At the end of this period, members of the plenary session and the Executive Committee shall remain in office until the new members are taken office.

All electoral processes in the Chambers of Commerce shall be notified by the General Administration of the changes which, if any, would have occurred in the natural persons holding the office of President or Representative of the Chambers who were appointed by them. These natural persons shall replace the former and shall take over from that time and for the time remaining until the end of the term of office of the term of office in plenary and in the Executive Committee. Furthermore, if any member of the plenary assembly ceases to be a member of the plenary assembly, however, in exchange for the representation of the entity or administration for which it was proposed or appointed, the entity or administration shall be notified by the person to replace it. vocalia in plenary and, where appropriate, in the Executive Committee, from that time and for the time remaining until the end of the term of office.

Article 22.

For the renewal of the plenary session, after the established four-year period, the Secretary of State for Trade shall be directed, at least three months before:

(a) To the authorities of the Autonomous Communities, to appoint the 19 presidents of the Chambers of Commerce, Industry, Services and Navigation, one for each of the Autonomous Communities and the Autonomous Cities of Ceuta and Melilla, and eight more representatives of the Chambers belonging to the Autonomous Communities with the largest number of companies in their censuses, in accordance with Article 25.2.a) of Law 4/2014, of April 1. For these purposes, the Secretary-General of the Spanish Chamber will issue the corresponding certification of what these Autonomous Communities are.

b) To the most representative cross-sectoral and territorial business organisations at national level, to present the list of nine vowels, proposed between representatives of companies and persons of recognition prestige in economic life.

c) To the Ministry of Industry, Energy and Tourism, Ministry of Finance and Public Administrations, Ministry of Employment and Social Security, Ministry of Foreign Affairs and Cooperation, Ministry of Education, Culture and Sport, the Ministry of Agriculture, Food and Environment, Ministry of Justice, Ministry of Public Works and the Ministry of Health, Social Services and Equality, to propose to their respective representatives; and

d) To the Ministry of Employment and Social Security to propose two vowels representing the most representative autonomous organizations at the national level.

The Secretariat of State of Commerce will also initiate proceedings for the purpose of the Minister of Economy and Competitiveness:

(a) Present the list of twenty-eight vowels proposed on behalf of the major companies, which will be chosen considering the amount of contributions made since the last plenary session was established, guaranteeing, in any case, that the different sectors of the economic activity and the larger companies of national scope with higher turnover are represented.

b) Designate the two representatives of the existing Federations of the Spanish Chambers of Commerce abroad.

c) Propose a vowel, in accordance with Article 25.2.d) of Law 4/2014, of April 1.

All of these entities and Administrations shall forward the relationship of the representatives proposed or appointed by them within the maximum period of one month from the receipt of the request by the Secretary of State of Commerce, thus communicating the relationship of the 78 vowels that will form the plenary session of the Spanish Chamber of Commerce.

The lack of a proposal or designation, as the case may be, of the above mentioned representatives within the time limit set out in the previous paragraph, will not prevent the renewal of the plenary session of the Spanish Chamber of Commerce.

Article 23.

The Secretary General of the Spanish Chamber of Commerce, at the request of the Secretary of State for Trade, shall forward the convening of the new plenary session to the representatives established in the previous paragraph, at least 15 working days prior to the date of the session. This call shall include the nominal list of representatives proposed or appointed for members of the plenary session in order to begin drawing up appropriate nominations for the election of the Executive Committee.

Article 24.

The new plenary session will be chaired by the Secretary of State for Trade. The proposed and/or appointed vowels will take up their posts at the beginning of the session, and the new plenary session of the Spanish Chamber of Commerce will be established at that time.

Constituted the plenum, in the same session, and in order to elect the members that will make up the Executive Committee, then the Electoral Table will be formed, which will be presided over by the Secretary of State of Commerce and In addition to the two Vocals of the plenary session of greater and lesser age, acting as Secretary of the Chamber of Commerce of Spain.

The proposals for nominations will be submitted in writing to the Secretary, who will read the proposals. The Electoral Bureau shall verify that the applications comply with the conditions laid down in Article 26 of Law 4/2014, of April 1, and shall then proclaim the eligible candidates.

In each candidacy will be the posts of President, three Vice-Presidents, Treasurer, and twenty-seven other members.

In accordance with Article 26 (2) of Law 4/2014, eight of the members of these candidates will be representatives of the Chambers of Commerce, of which four representatives must be from the Chambers of Commerce. Trade in the Autonomous Communities with more companies in their censuses and the remaining ones will be chosen by the rotating system established in Article 9 of this Rules of Procedure.

To this end, the Secretary General of the Spanish Chamber of Commerce will issue a corresponding certification on the number of companies listed in the censuses of all Autonomous Communities and the cities of Ceuta and Melilla.

The two plenary members, representatives of the Ministry of Economy and Competitiveness and the Ministry of Industry, Energy and Tourism, as set out in Article 26.2 of Law 4/2014, will also be part of this Committee. April.

The same candidates may not be present in two or more lists except for the two representatives of the Ministries, who will always appear in the corresponding candidates automatically and the representatives of the Chambers of the eight Communities mentioned above. No individual applications may be submitted.

The candidates will then be put to the vote.

The choice will be made by way of a nominal and secret ballot. The selected nomination must be entered on each ballot. Ballots without names will be considered blank ballots and those that do not correspond to any submitted bids will be considered null votes.

The choice of candidacy will require the majority of the vowels present. If this majority is not achieved, a second vote will be taken, the most voted candidate being elected.

Once the Electoral Table has been scrutinised, its President will report the results to the plenary session, and the Secretary of State for Trade will proclaim the chosen candidacy. Members of the Executive Committee will then take ownership of their posts.

The President and other members of the Executive Committee will pursue their positions until the new plenary session of the Spanish Chamber of Commerce can be renewed, and they can be re-elected in their mandates.

CHAPTER VIII

Loss of Full Member Condition

Article 25.

In addition to the termination of the command, the full member condition will be lost to any of the following causes:

a) When any of the eligibility requirements that met for your choice or for the loss of the condition that enabled the vowel to be proposed disappear.

b) By virtue of the proposed cessation of the bodies that would have designated them or proposed them.

c) By resignation, resignation, or occurrence of any cause that incapacitate you for the performance of the charge.

d) By the death of the members of the plenary session who have the consideration of natural persons or the extinction of the legal personality in the case of members of the plenary with a societarian form.

e) For being disabled for employment or public office, in accordance with Article 24.2 of Law 4/2014, of April 1.

(f) In the case of companies forming part of the plenary as provided for in Article 3 (b), the voluntary contributions made shall be addressed, in accordance with the recommendations adopted in accordance with the present rules.

Article 26.-The vacancies will be covered by the plenary session at the next session. The person chosen or proposed will take up the position for the time that will be lacking to fulfill the mandate of the one to whom it happens. The changes of voice in the plenary session shall, where appropriate, entail the corresponding replacement in the Executive Committee.

When it comes to vacancies produced among the vowels provided for in Article 3 (b) of this Regulation as a consequence of having disappeared the representation relationship or the link between the vowel and the legal person to which he represented, the vowel shall be replaced by the one who has designated the undertaking.

CHAPTER IX

Eesc of the President and other members of the Executive Committee

Article 27.

Regardless of the normal termination of their mandates, the President and other members of the Executive Committee may cease:

(a) By agreement of the plenary adopted by the two-thirds of its members.

b) By loss of the membership of the plenary.

c) By resignation that does not imply the loss of your membership of the plenary.

Article 28.

The vacancies will be covered by the plenary session at the next plenary session. The chosen person will be in charge for the time that will be missing to fulfill the mandate of the one to whom it happens.

CHAPTER X

From the General Assembly of Chambers

Article 29.

According to the provisions of article 32.2 of Law 4/2014, of April 1, the General Assembly of Chambers is constituted, as an organ to develop actions and initiatives that promote participation, with voice but without vote, of all Chambers in the exercise of their duties.

The General Assembly of Chambers is an organ of consultation and participation of all Chambers of Commerce, as provided for in article 32.2 of Law 4/2014, of April 1.

The General Assembly of Chambers will be chaired by the President of the Spanish Chamber of Commerce and will be composed of the Presidents of all the Official Chambers of Commerce, Industry, Services and Navigation of Spain.

The Secretary-General and the Managing Director, if any, will attend, with a voice but no vote to the meetings of the General Assembly of Chambers.

Likewise, the representative of the Ministry of Economy and Competitiveness in the plenary will attend, with a voice but without a vote, the meetings of the General Assembly of Chambers.

The General Assembly of Chambers may also participate in the persons or entities which, by reason of the matter, are invited by the President.

Article 30.

The General Assembly of Chambers will have the following functions:

a) Propose actions and initiatives to promote the participation of all the Chambers in the development of the functions of the Spanish Chamber of Commerce.

b) Formulate proposals in relation to the lines and strategic plans of action of the Spanish Chamber of Commerce.

c) Report on the memory of the activities of the Chambers of Commerce, Industry, Services and Navigation and the Chamber of Commerce of Spain.

d) Formulate proposals in relation to programmes and actions aimed at internationalisation and the improvement of business competitiveness and the promotion of innovation that the Spanish Chamber of Commerce develops together with the Chambers of Commerce.

e) Attend the governing bodies in their actions of the Spanish Chamber of Commerce and those developed by the Official Chambers abroad.

f) To study and propose to the governing bodies of the Spanish Chamber of Commerce, where appropriate, measures to improve the competitiveness and internationalization of the Spanish economy.

g) Issue the requested reports, if any, by the governing bodies in the areas of the Chambers ' functions.

(h) Advise the governing bodies of the Spanish Chamber of Commerce to contribute to their actions to meet their interests and objectives.

i) Those others entrusted to him by the governing bodies of the Spanish Chamber of Commerce.

Article 31.

The General Assembly of Chambers shall meet each year in ordinary session and, in extraordinary session, each time the President, the Plenary or the half, plus one of its components, without prejudice to the fact that the President may establish the constitution of committees and working groups.

CHAPTER XI

From Staff

Article 32.

The Spanish Chamber of Commerce will be able to count on the staff necessary for its proper functioning to which the labor legislation will apply.

In accordance with the provisions of the Additional Provision of Law 4/2014, of April 1, the staff who at the entry into force of the said law will be at the service of the Superior Council of Chambers under the Decree of 13 June 1936, shall be governed without distinction by the applicable labour law applicable to the rest of the staff at the service of the same.

CHAPTER XII

From the Cameral Plan for Internationalization and the Cameral Plan for Competitiveness

Article 33.

The Cameral Plan of Internationalization provided for in Article 22 of Law 4/2014, of April 1, includes the description of the actions of general interest in the areas of training and information aimed primarily at to promote the acquisition, abroad, of goods and services produced in Spain, and any other relating to the operation of international trade.

The elaboration and implementation of the Plan will be carried out in accordance with the provisions of Article 22 of Law 4/2014 of April 1 and the provisions established by the Ministry of Economy and Competitiveness in accordance with the the powers conferred on it in the field of protection relating to external trade.

Article 34.

The Spanish Company's Cameral Plan for Competitiveness, provided for in Article 23 of Law 4/2014, includes all the public activities and functions to be carried out by the Chambers of Commerce, Industry, Services and Navigation in support of Spanish companies, with special consideration to small and medium-sized enterprises under the agreement signed with the Ministry of Economy and Competitiveness.

According to the article 23 of Law 4/2014, of April 1, the Ministry of Economy and Competitiveness and the Chamber of Commerce, of Spain will subscribe every two years, after consultation with the Communities Autonomous, a Plan in which the programs for improving the competitiveness of Spanish companies will be concretized, and to be developed jointly with the Official Chambers of Commerce, Industry, Services and Navigation.

This Plan will include the programs and activities that the Spanish Chamber of Commerce will promote and will be developed with full respect for the competencies of each Autonomous Community.

CHAPTER XIII

Economic and budgetary regime. Transparency

Article 35.

1. The Spanish Chamber of Commerce may have the following revenue:

a. Ordinary and extraordinary income from the provision of services.

b. The products, income and increases of their assets.

c. Voluntary contributions from companies or entities.

d. The legacies and donations they could receive.

e. Those from the credit operations that are performed.

f. Any other income that may be attributed to you under agreement or by any other procedure in accordance with the current order.

2. Undertakings or entities carrying out voluntary contributions shall be covered by the following categories

a. Members of the plenary session referred to in Article 3 (b) of this regulation.

b. Vocal Contributors: They will be able to attend the plenary meetings with a voice but without a vote, on a proposal from the Executive Committee and with the agreement of the plenary.

c. Associates: May participate in the Spanish Chamber of Commerce, as partners, on a proposal of the Executive Committee and after agreement of the Plenary, other companies or entities that have made voluntary contributions and that are not included those provided for in paragraphs (a) and (b) above.

The Executive Committee may make recommendations for the aforementioned contributions, which shall be approved by the plenary.

3. The Spanish Chamber of Commerce must have the authorization of the tutelary administration for the disposal of immovable property and must obtain it prior to the commencement of the disposal procedure which will be based on the principles of Advertising, transparency and non-discrimination. When applying for authorisation, the statement of reasons and the purpose for which the funds are to be obtained shall be defined.

In the case of the acquisition of real estate, the prior authorization of the Tutelent Administration will also be necessary to inform of the form and period in which the acquisition will be financed for ensure the availability of resources to address it.

The acts of administration of the real estate assets that have an amount equal to or greater than 25 percent of the value of the property concerned shall also be subject to prior authorization. When applying for authorisation, the statement of reasons and the purpose of the action intended to be carried out in order for the proper management of assets shall be defined.

In the case of the other non-real estate, such authorization will also be necessary with prior character when the value of the good or the credit operation for any purpose that wishes to be held exceeds 25 percent of the ordinary budget.

Article 36.

1. The Spanish Chamber of Commerce will draw up and submit its ordinary budget and extraordinary budgets of expenditure and revenue to the approval of the tutelent administration, which will audit its annual accounts and liquidations and may establish the instructions necessary for the preparation of the budgets and the type-settlements.

2. Annual accounts and settlement of budgets shall be accompanied by an audit report of accounts.

Article 37.

1. The Executive Committee shall draw up the draft budgets and settlements, which shall be forwarded, with a minimum of 15 days before the date of the Plenary Session in which they are to be dealt with.

2. It is for the plenary of the Spanish Chamber of Commerce, on the basis of the proposal drawn up by the Executive Committee, for the adoption of the ordinary budget for the following year before 30 November and the clearance of the accounts of the Prior to the 30th of April, they will be raised within three days of their adoption, with the approval of the Ministry of Economy and Competitiveness.

3. For the purposes of carrying out works and services not provided for in the ordinary budget, extraordinary budgets, whose projects and their liquidations, once approved by the plenary on a proposal from the Executive Committee, shall be formalised. subject to the approval of the Ministry of Economy and Competitiveness.

Article 38.

The Spanish Chamber of Commerce will have to reflect the movement of its income and expenses, as well as the changes in its patrimonial situation, making, at least monthly, a provisional balance and liquidation. It shall also draw up each year the corresponding balance sheet expressing its financial, economic and financial situation. The annual balance sheet will also be raised to the Ministry's mandatory approval.

The Spanish Chamber of Commerce will maintain a differentiated accounting in relation to its public and private activities, without prejudice to the uniqueness of the annual accounts.

Article 39.

The annual settlement of the ordinary budget and the annual balance sheet shall be audited by a member of the Official Register of Auditors, elected by the plenary on a proposal from the Executive Committee in accordance with the principles of concurrency, advertising, transparency and non-discrimination.

In order to ensure the rotation of the auditor or audit firm, the period of maximum legal duration to be established for such purposes shall apply for entities of public interest.

Article 40.

1. The Spanish Chamber of Commerce will periodically make public the grants it receives, as well as other types of public resources it can receive for the development of its functions.

2. The remuneration received annually by the senior officials and top officials, as well as the compensation received, if any, on the occasion of the cessation of their duties for any reason shall be public access.

3. The annual accounts, together with the Audit Report, and the Annual Report on Corporate Governance will be deposited in the Madrid Mercantile Register and will be the subject of publicity.

4. The Spanish Chamber of Commerce will publish the information regarding the functions it develops, the regulations that apply to it, as well as its organizational structure.

Article 41.

The Spanish Chamber of Commerce will make public:

(a) Those contracts subject to administrative law formalised, with an indication of the object, duration, the amount of the tender and the award, the procedure used for its conclusion, the instruments through the the number of tenderers involved in the procedure and the identity of the successful tenderer, as well as the changes to the contract, has been publicised. Decisions on the withdrawal and waiver of contracts shall also be published. The publication of information relating to minor contracts may be carried out on a quarterly basis. In addition, statistical data on the percentage of contracts awarded through each of the procedures provided for in the public sector contract legislation shall be published.

(b) The relationship of the signed agreements subject to administrative law, with the indication of the signatory parties, their object, the duration of the duration, the modifications made, the obligation to carry out the benefits and, where appropriate, the agreed economic obligations. Similarly, the management orders to be signed shall be published, indicating their subject matter, budget, economic obligations and the subcontracting to be carried out with reference to the successful tenderers, the procedure followed for the award and amount of the same.

(c) Grants and public aid granted with an indication of their amount, purpose or purpose and beneficiaries. Grants and aid under Law 38/2003, of 17 November, General of Grants, are understood to be included.

d) Budgets, with a description of the main budget items and their degree of implementation.

e) The annual accounts to be submitted and the audit accounts and audit reports by the external control bodies that are issued.

f) The statistical information needed to assess the degree of compliance and quality of the public services that fall within its competence.

CHAPTER XIV

Intercameral relationships

Article 42.

The Spanish Chamber of Commerce will only take action on the initiatives of the Chambers which have or may have a general character and affect or may affect the general interests of trade, industry, services and navigation.

Article 43.

For the proper exercise of the duties entrusted, in particular those referred to in Article 21.1. (e), (f) and (h) of Law 4/2014, of 1 April, the Spanish Chamber of Commerce shall require the Chambers to issue, as soon as possible and, in any event, no later than 15 days after its receipt in the respective Chamber, the consultations corresponding.

Article 44.

The Chamber of Commerce of Spain and the Chambers will be able to celebrate with each other the appropriate collaboration agreements for the proper development of the public functions that they have entrusted, in particular, for the management of services public or international.

First transient disposition.

In accordance with the provisions of the third transitional provision of Law 4/2014 of 1 April 2014, in relation to the enforceability of the non-prescribed permanent chamber shares, the provisions of the provisions of the Article 32 of the Rules of Procedure of the Council of the Superior Council of the Official Chambers of Commerce, Industry, Services and Navigation on what is appropriate for the allocation to the Spanish Chamber of Commerce, of 6% of the liquid yield Global of the said resource.

Second transient disposition.

In compliance with the second transitional provision of Law 4/2014, of April 1, the Executive Committee, after one year after the first plenary session, will propose a list of the companies it considers should be renewed as members of the plenary session. In any case, they shall remain as members of the plenary session and, where appropriate, as members of the Executive Committee, the companies or entities that have made contributions equal to or greater than those recommended by the Executive Committee. The vacancies to be produced will preferably be covered by Vocal Collaborators.

First disposition first.

The Chamber of Commerce of Spain is governed by the provisions of Law 4/2014, of April 1, Basic of the Official Chambers of Commerce, Industry, Services and Navigation, the General Regulations of Chambers as soon as they do not object to it and as long as the replacement regulatory standards and the present Rules of Procedure are given.

Final disposition second.

The Ministry of Economy and Competitiveness will resolve the doubts that arise in applying this Regulation and the issues that have not been foreseen in it; all of this, without prejudice to the application of Law 30/1992, 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure, when the Spanish Chamber of Commerce exercises the functions provided for in Article 5 (1) of Law 4/2014, of 1 April, with the scope that it has.

Third end disposition.

This Regulation will enter into force at the same time of its approval by the Ministry of Economy and Competitiveness.